Fire Brigades Employees Union v Fire and Rescue NSW [2023] NSWCATAD 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fire Brigades Employees Union v Fire and Rescue NSW [2023] NSWCATAD 253 Hearing dates: 7 August 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision under review is set aside. 2. The access application is remitted to the respondent under s 65(1) of the Administrative Decisions Review Act 1997 (NSW) for reconsideration. 3. The Respondent is ordered to make specific enquiries with Ms Smith, Mr Alferis, Mr Taylor and Mr Lister regarding their knowledge of the disputed contract and their knowledge of its possible location. 4. Upon completion of these enquiries, the respondent is ordered to conduct further searches for the disputed contract. 5. Within 4 weeks of the date of these orders, the respondent is to inform the applicant of the outcome of the reconsideration. 6. Within 2 weeks after that date the applicant is to advise the respondent and the Tribunal whether it wishes to: (a) Continue with the review of the varied or new decision; or (b) Withdraw the application for review. 7. The matter is listed for directions or dismissal 13 November 2023 at 9:30am. 8. I grant all parties leave to appear by AVL at the directions hearing. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – Whether reasonable searches were conducted - absence of supporting evidence from the respondent – whether summonses should be issued to officers and/or former officers of the respondent - matter remitted to the respondent for reconsideration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAP 211 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 CPJ v The University of Newcastle [2017] NSWCATAD 350 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Danis v Commissioner of Police [2021] NSWCATAP 57 EHC v Children's Guardian [2020] NSWCATAD 173 GA v The University of Sydney [2009] NSWADT 230 icare NSW v Webb [2023] NSWCATAP 192 Kemball v Commissioner of Police, NSW Police Force [2023] NSWCATAD 104 Klaric v Commissioner of Police [2020] NSWCATAP 153 Lonsdale v University of Sydney [2015] NSWCATAP 277 Ooi v NSW Ministry of Health [2023] NSWCATAD 107 Re Don [2006] NSWSC 1125 Roads and Maritime Services v AF; AF v Roads and Maritime Services (GD) [2011] NSWADTAP 63 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Ugur v Commissioner of Police [2022] NSWCATAD 396 Ugur v NSW Trustee and Guardian [2022] NSWCATAD 373 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: None Cited Category: Procedural rulings Parties: Fire Brigades Employees Union (Applicant) Fire and Rescue NSW (Respondent) Representation: Counsel: A Searle (Applicant) T Liu (Respondent) V Taylor (Information and Privacy Commissioner) File Number(s): 2023/00019479 Publication restriction: Not applicable