Vogel v Department of Education [2023] NSWCATAD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vogel v Department of Education [2023] NSWCATAD 208 Hearing dates: On the papers Date of orders: 03 August 2023 Decision date: 03 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The time in which the applicant could lodge the administrative review application is extended to 25 November 2022. (2) The Tribunal finds that the applicant's access application does not require an unreasonable and substantial diversion of the respondent's resources for the purpose of s 60(1) of the Government Information (Public Access) Act 2013 (NSW). (3) The decision under review is remitted to the respondent under s 65 of the Administrative Decisions Review Act 1997 (NSW) for reconsideration in accordance with these reasons. (4) Within 8 weeks of the date of these orders, the Respondent is to inform the Applicant of the outcome of the reconsideration. (5) Leave to the applicant to apply on seven days written notice in the event that order 3 is not complied with Catchwords: ADMINISTRATIVE LAW – administrative review – extension of time - Government Information – refusal to deal with application – whether substantial and unreasonable diversion of agency's resources – consideration of s 60(3A) and (3B) factors – onus of proof. Legislation Cited: Administrative Decisions Review Act 1987 (NSW) s 9, s 63 Civil and Administrative Tribunal Act 2013 (NSW) s 36, 38, 41 Freedom of Information Act 1987 (NSW) (Repealed) Government Information (Public Access) Act 2009 (NSW), s 3, 4, 9,12, 13, 14, 60, 80, 100, 105 Government Information (Public Access) Amendment Act 2018 (NSW) (Repealed) Cases Cited: Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No 2) [2013] NSWADT 130 Commissioner of Police (NSW) v Danis [2017] NSWCATAP 7 Hariz v Commissioner of Police, NSW Police Force [2023] NSWCATAD 99 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Loussikian v University of Sydney [2018] NSWCATAD 140 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Vogel v Secretary, Department of Education [2023] NSWCATAD 105 Texts Cited: Macquarie Dictionary Online Category: Principal judgment Parties: Peter Vogel – Applicant Department of Education - Respondent Representation: Applicant – (Self represented) Respondent – Crown Solicitor File Number(s): 2022/00358276 Publication restriction: None