Gallagher v Northern NSW Local Health District [2023] NSWCATAD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gallagher v Northern NSW Local Health District [2023] NSWCATAD 164 Hearing dates: On the papers Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) A hearing in relation to the application for the applicant to be represented by Rex Patrick is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) Leave for the applicant to be represented by Rex Patrick is refused. Catchwords: PRACTICE AND PROCEDURE - s 45 of the Civil and Administrative Tribunal Act - exercise of the Tribunal's discretion to permit or refuse leave to a lay advocate to appear for a party Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) District Court Act 1973 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Damjanovic v Maley [2002] NSWCA 230 Texts Cited: Nil Cited Category: Procedural rulings Parties: Julie Elizabeth Gallagher (applicant) Northern NSW Local Health District (respondent) Representation: Solicitors:

Clayton Utz (respondent) File Number(s): 2023/00082584 Publication restriction: Nil

Reasons for Decision 1. On 13 March 2023 the applicant lodged an application under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). 2. The matter came before the Tribunal for a case conference on 29 May 2023. On that occasion Mr Rex Patrick was granted leave to appear as a representative for the applicant for that day only. The Tribunal noted: Ms Gallagher is to provide to the Tribunal and the Respondent with sufficient material to allow the Tribunal to determine whether the request should be granted for further conduct of the matter. 1. On 30 May 2023 the applicant lodged a "Notice of representation by legal practitioner or agent" form together with written submissions as to why leave should be granted for Mr Patrick to appear as a representative for the applicant (the application). 2. On 7 June 2023 the Tribunal made directions for the parties to provide submissions and supporting documents in relation to the application and the parties were provided with the opportunity to make submissions in relation to dispensing with the hearing in relation to the application, as is required by s 50 (3) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act). 3. The respondent provided brief written submission on 8 June 2023 submitting that they did not oppose the application and that a hearing could be dispensed with, and the application was amenable to being heard on the papers. 4. The respondent Mr Patrick provided further written submission on 15 June 2023 and noted that Ms Gallagher was happy for the matter to be determined on the papers. 5. Neither of the parties' sought an oral hearing of the application and both parties agreed that the application could be dealt with on the papers. I am satisfied in the circumstances, that it is appropriate to deal with the miscellaneous applications on the papers, as a hearing would amount to further unnecessary costs to the parties. I have made an order under s 50(1)(c) of the NCAT Act dispensing with a hearing.