Choi v NSW Ombudsman [2022] NSWCATAD 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v NSW Ombudsman [2022] NSWCATAD 292 Hearing dates: 18 January 2022, 31January 2022 and 3 June 2022 Date of orders: 29 August 2022 Decision date: 29 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The application to appoint a McKenzie Friend for the applicant is refused. (2) The respondent's decision dated 3 August 2018 is valid and is an administratively reviewable decision. (3) The respondent is to provide the applicant with copies of the attachments to document no 49 in its Further Amended Confidential Schedule of Documents dated 16 February 2022, within 14 days of the date of this decision. (4) The respondent is to provide the applicant with a copy of document no 81 in its Further Amended Confidential Schedule of Documents dated 16 February 2022, within 14 days of the date of this decision. (5) The remainder of the documents listed in the respondent's Further Amended Confidential Schedule of Documents dated 16 February 2022, including document no 49, are "excluded documents" under cl 2 of sch 2 of the GIPA Act. (6) The respondent's decision dated 3 August 2018 is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – Procedural fairness – Application to appoint a McKenzie Friend – Validity of an instrument of delegation – Jurisdiction – Whether the respondent has power to review the respondent's decision – Excluded documents under cl 2 sch 2 of the GIPA Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Court Security Act 2005 (NSW) Government Information (Information Commissioner) Act 2009 (NSW) Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) Legal Profession Uniform Law (NSW) (NSW) Ombudsman Act 1974 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CEU v Ombudsman [2017] NSWCATAD 267 Capilano Honey Ltd v Dowling [2018] NSWSC 876 CEU v University of Technology Sydney [2017] NSWCATAD 323 Department of Education v Zonnevylle [2020] NSWCATAD 96 Goldfish Potts Point Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAD 13 McEwan v Port Stephens Council [2021] NSWCATAD 110 McEwan v Port Stephens Council [2022] NSWCATAD 148 McEwan v Port Stephens Council [2018] NSWCATAP 211 McEwan v Port Stephens Council [2017] NSWCATAD 269 McGuirk v Vice-Chancellor, University of New South Wales [2009] NSWADTAP 43 McKenzie v McKenzie [1970] 3 WLR 472; [1970] WLR 472; 3 WLR 472; [1970] 3 All ER 1034; [1971] LRP 33; (1971) 1971 P 33 Pincevic v Nicholas Panos t/as N Panos and Associates [2013] NSWDC 188 REGINA v Michael Kanaan [2003] NSWCCA 190 Webb v Port Stephens Council [2019] NSWCATAD 47 Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 38 Zonnevylle v Minister for Education and Early Childhood Learning [2019] NSWCATAP 274 Texts Cited: None cited Category: Principal judgment Parties: Jae Hee Choi (Applicant) NSW Ombudsman (Respondent) Representation: Solicitors: Applicant (Self Represented) Ms M Smith & Mr Wong (Respondent) File Number(s): 2018/00226998 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act (NSW) 2013, the publication or disclosure of the parts of these Reasons marked "[NOT FOR PUBLICATION]", other than to the respondent {NSW Ombudsman].