Webb v Secretary, Department of Communities and Justice [2023] NSWCATAD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Secretary, Department of Communities and Justice [2023] NSWCATAD 168 Hearing dates: On the papers Date of orders: 27 June 2023 Decision date: 27 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) A hearing in relation to the application to appear by Audio Visual Link is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) The application for the applicant to appear by audio visual link is refused. Catchwords: PRACTICE AND PROCEDURE – appearing in person – matters to consider Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Security Act 2005 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Procedural rulings Parties: Telina Webb (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Applicant (Self-Represented) Department of Communities and Justice (Respondent) File Number(s): 2023/00125842 Publication restriction: Nil

Reasons for Decision 1. On 19 April 2023, the applicant lodged an application seeking administrative review of a decision made under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). 2. On 17 May 2023, Ms Webb made a request, in writing, that she be granted leave to appear at the final hearing which is listed for half a day on 17 August 2023 by audio visual link (AVL). 3. On 19 June 2023, the Registry sought the parties' views in relation to the application and parties were provided with an opportunity, until 20 June 2023, to make submissions in relation to dispensing with the hearing in relation to the request to appear by AVL, as is required by s 50 (3) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act). 4. Ms Webb made further submissions on 25 June 2023. Ms Webb does not object to the deciding of the request to attend by AVL on the papers. The respondent made further submissions on 20 June 2023, enclosing earlier submissions made on 13 June 2023 and consented to the making of an order dispensing with the hearing. 5. Neither of the parties' sought an oral hearing of the application and I am that it is appropriate to deal with the application on the papers, as a hearing would amount to further unnecessary costs to the parties and the Tribunal. I have made an order under s 50(1)(c) of the NCAT Act dispensing with a hearing. 6. In her request for leave to appear by AVL, Ms Webb submits that she is seeking leave to appear by AVL because: The applicant currently undertakes a 300 klm round-trip for nay business concerning NCAT, with premium told and premium parking charges additional to fuel costs. It is understood none of these costs are claimable. 1. The respondent opposes the application of Ms Webb to appear by AVL. The respondent submits that the proceedings can be run more efficiently and transparently if the parties were to appear in person. The respondent refers to a website which is run by Ms Webb, 'NSW Freedom of Information' and which advertises a forum that invites users to: * Contribute to submissions * Engage with a supportive community * Consider departmental responses * Ask questions about the GIPA Act and how the GIPA Act process varies between agencies. 1. The respondent submits that on 30 October 2022, Ms Webb tweeted that she was aware that government agencies review her website and social media and that it is reasonably likely that Ms Webb communicates and facilitates forums to discuss and assist with current litigation. The respondent provides as an example, that Ms Webb has communicated with Twitter user @ForcinNet (Friends of Royal Commission Into NCAT) which also hosts their own website with links to Facebook, Twitter, Instagram and Reddit. 2. The respondent submits that private forums or sub-forums on social media sites could be used to communicate and display information about current NCAT matters, because the respondent reasonably believes that Ms Webb may communicate on non-public forums such as 'Sub-Reddits'. 3. The respondent submits that if Ms Webb were permitted to attend the hearing remotely, there is a risk that other people may be in attendance or that the hearing may be recorded and shared between users or forum members and that the smooth running of the proceedings is likely to be jeopardised by the need to deal with those additional issues. 4. The respondent also refers to Ms Webb's prior conduct of publishing information concerning current litigation and inviting people to share ideas in preparation of submissions, requesting current NCAT matter details and her public views on remote hearings. 5. The respondent provides screenshots of publicly posted comments and tweets about litigation that Ms Webb was a party to. 6. On 31 October 2022, a hearing was scheduled for Webb v Port Stephens Council [2022] NSWCATAD 404. At 8:49am on the morning of the hearing, Ms Webb tweeted: NCAT Hearing this morning, NSW Crown Solicitor objecting to public release of FOI Training Manuals and Workbooks, claiming a competitive disadvantage, prejudice business interests, and diminishing competitive commercial value of information, if documents released to public. #NSW_FOI 1. The applicant also provides a tweet from 13 October 2022, in which Ms Webb tweeted: NCAT closes PUBLIC hearings to parties to proceedings. NCAT locks out Applicants and only has ears for agencies. #NSW_FOI 1. On 24 February 2022, Ms Webb tweeted: The public asks the NCAT to make virtual hearings fully accessible to the public, in line with the principles of open, transparent justice. The public should not be vetted and excluded from proceedings. NCAT should ensure login details are freely available in good time. 1. The respondent also submits that Ms Webb communicates with other parties online involved in GIPA Act related litigation. They provide, as examples 1. On 8 January 2023, Ms Webb replied to a Twitter user offering to attempt to obtain sealed documents for another person who posted that they were having issues obtaining material from NCAT . 2. On 14 February, Ms Webb posted a message on her business Facebook page requesting members of the public to share their current NCAT matter details to receive an 'Awareness Ribbon to wear with pride to all your Hearings' This post provides a hyperlink to the NSW Freedom of Information website with a fillable form to enter name, email, address and NCAT matter details. This page provides an explanation of the 'Awareness Ribbon', stating: Why these colours for our Awareness Ribbon? Firstly, Victims of NCAT are grieving, so we embrace the colour associated with grief, black. Secondly, as with our symbol of a dying justice system the Black-Eyed Susan, we also embrace the golden yellow of its falling petals. 1. In her submissions, Ms Webb's submits that numerous assertions made by the respondent are unfounded. She also object to the final hearing being decided on the papers. In that regard the Tribunal does not propose that the final hearing on 17 August 2023 should be on the papers.