Zonnevylle v Minister for Education and Early Childhood Learning [2023] NSWCATAD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Minister for Education and Early Childhood Learning [2023] NSWCATAD 135 Hearing dates: 25 May 2022 Date of orders: 06 June 2023 Decision date: 06 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) The applicant's request to record the proceedings is refused. (2) The applicant's request for an adjournment is refused. (3) The applicant's request that I recuse myself is refused. (4) The respondent's decision of 14 December 2020 is affirmed. (5) The application for referral pursuant to s112 of the Government Information (Public Access) Act 2009 is refused. Catchwords: ADMINISTRTIVE LAW – legal privilege – parliamentary privilege - conclusive presumption - risk of serious harassment or serious intimidation – reveal deliberative process and prejudice deliberations - balance of public interest considerations - overriding public interest against disclosure of information – permission to record proceedings – recusal application – adjournment application Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Court Security Act 2005 (NSW) Judicial Officers Act 1986 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Charisteas v Charisteas [2021] HCA 29 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Ebner v Official Trustee in Bankruptcy [2000] HCA 63 Flack v Commissioner of Police (NSW) [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jackson v University of New South Wales [2019] NSWCATAD 224 Leech v Sydney Water Corporation [2010] NSWADT 298 Registrar of Births, Deaths and Marriages v FJG & FJH and Attorney-General of New South Wales as Intervenor [2002] NSWCATAP 270 Saggers v Environment Protection Authority [2013] NSWADT 204 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 SW v Searle [2018] NSWCATAP 93 Tebbutt v Minister for Lands [2015] NSWCATAD 95 Transport NSW v Searle [2018] NSWCATAP 93 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 WG & GG v Minister for Community Services [2002] NSWCA 247 Zonnevylle v Department of Education [2017] NSWCATAD 101 Zonnevylle v Department of Education and Communities [2015] NSWCATAD 10 Zonnevylle v Minister for Education & Early Childhood Learning (No 2) [2022] NSWCATAP 87 Zonnevylle v Minister for Education and Early Childhood Learning [2021] NSWCATAP 398 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Zonnevylle v Secretary, Department of Education [2022] NSWCATAP 297 Zonnevylle v Secretary, Department of Education; Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 53 Texts Cited: None Cited Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Minister for Education for Education and Early Childhood Learning (Respondent) Representation: Solicitors: