Ugur v Commissioner of Police [2023] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ugur v Commissioner of Police [2023] NSWCATAP 261 Hearing dates: 19 May 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President Dr J Lucy, Senior Member Decision: 1. The application for an extension of time to apply for leave to appeal the adjournment decision made in March 2022 is refused. 2. The appeal from Order 3 of the decision made by the Tribunal on 15 December 2022 is allowed. 3. Pursuant to s 81(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), Order 3 of the decision made by the Tribunal on 15 December 2022 is set aside. 4. Pursuant to s 81 (1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the respondent's decision to refuse to provide the appellant with access to the personal information of another person contained in Police Notebook F 258734 is affirmed. 5. Leave to appeal the decision is made by the Tribunal on 15 December 2022 is refused. 6. The application to deal with the appeal from the decision made by the Tribunal on 15 December 2022 by way of a new hearing under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) is refused. 7. The appeal from the decision made by the Tribunal on 15 December 2022 is otherwise dismissed. Catchwords: GOVERNMENT INFORMATION — whether in deciding to affirm the "information not held" decision under s 58(1)(b) of the Government Information (Public Access) Act, the Tribunal made a decision without evidence PROCEDURAL FAIRNESS — apprehended bias —whether the reason for decision given by the Tribunal gave rise to a reasonable apprehension of bias PROCEDURAL FAIRNESS — adjournment —whether by declining to grant the appellant's application for adjournment of the hearing the appellant was denied procedural fairness EVIDENCE — no evidence — whether Tribunal made findings of fact without evidence REASONS FOR DECISION — whether delay in making decision resulted in a denial of procedural fairness REASONS FOR DECISION — whether reasons for decision were adequate APPEAL — fresh evidence — whether the power conferred by 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal with an appeal by way of a new hearing should be exercised Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 63, 65 Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 41, 62(3), 80, 81 Civil and Administrative Tribunal Rules 2014 (NSW), reg 25(4)(c) Government Information (Public Access) Act 2009 (NSW), ss 3, 4, 5, 9, 12, 13, 14, 53, 55, 58(1)(b), 74, 80, 86, 89, 93, 100, 105, 107, 108(3), Sch 1, cll 4, 7(b) Cases Cited: Agripower Barraba Pty Ltd v Blomfield (2015) 317 ALR 202; [2015] NSWCA 30 Akins v National Australia Bank (1994) 34 NSWLR 155 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 BHP Billiton Ltd v Dunning [2015] NSWCA 55 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Frugtniet v Tax Practitioners Board [2019] FCAFC 193 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Mastronardi v State of New South Wales [2007] NSWCA 54 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 MZYSQ v Minister for Immigration & Citizenship [2012] FMCA 661 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs 228 CLR 470; [2005] HCA 77 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260 Ugur v Commissioner of Police [2020] NSWCATAD 293 Ugur v Commissioner for Police [2021] NSWCATAP 298 Ugur v Commissioner of Police [2022] NSWCATAD 396 Webb v The Queen (1994) 181 CLR 41; [1994] HCA 30 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 ZND v ZNE [2020] NSWCATAP 34 Texts Cited: Nil Category: Principal judgment Parties: Haci Ugur (Appellant) Commissioner of Police (Respondent) Representation: In person (Appellant) Norton Rose Fulbright (Respondent) File Number(s): 2023/00009174 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 396 Date of Decision: 15 December 2022 Before: P French, Senior Member File Number(s): 2020/00166818