Wojciechowska v Commissioner of Police, NSW Police Force [2023] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Commissioner of Police, NSW Police Force [2023] NSWCATAP 34 Hearing dates: 17 December 2021 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Appeal Panel Before: T Simon, Principal Member J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the material filed by the respondent on a confidential basis is prohibited. (4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the material filed by the respondent on a confidential basis, to the appellant is prohibited. (5) If the respondent seeks to make a costs application: (a) The respondent must provide to the Appeal Panel and the appellant any written submissions and documents, which the respondent intends to rely on in relation to the costs application within 7 days from the date of these orders. (b) The appellant is to provide to the Appeal Panel and the respondent any written submissions and documents, which the appellant intends to rely on in relation to the costs application within 14 days from the date of these orders. (c) The respondent is to provide to the Appeal Panel and the appellant any further any written submissions and documents, which the appellant intends to rely on in reply within 21 days from the date of these orders. (d) Submissions must include submissions concerning whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act, 2013 dispensing with a hearing Catchwords: APPEALS — question of law - administrative review — Government Information — denial of procedural fairness — actual and apprehended bias — whether Tribunal has jurisdiction to determine an application under the Government Information (Public Access) Act 2009 — transfer of proceedings to the Supreme Court — confidentiality orders - reversal of onus — application of s 105 of the Government Information (Public Access) Act 2009 (NSW) — no evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Constitution (Cth) Criminal Procedure Act 1986 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AON Risk Insurance Pty Ltd v Australian National University (2009) 239 CLR 175 Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Johnson v Johnson (2000) 201 CLR 488 Sunol v Collier (2012) 91 NSWLR 619 Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179 Wojciechowska v Commissioner of Police (No 2) [2021] NSWCATAP 311 Texts Cited: None Category: Principal judgment Parties: Paulina Wojciechowska – (Appellant) Commissioner of Police (Respondent) Representation: Appellant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2021/00231441 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to the material filed by the respondent on a confidential basis. That material is not to be released to either the applicant or the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 210 Date of Decision: 19 April 2021 Before: D Dinnen, Senior Member File Number(s): 2020/00333837