FYH v Commission of Police, NSW Police Force [2024] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYH v Commission of Police, NSW Police Force [2024] NSWCATAD 36 Hearing dates: On the papers Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton OAM, Senior Member Decision: The respondent's application to dismiss the applicant's application pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed. Catchwords: PRACTICE AND PROCDURE – application by respondent to dismiss application on the basis that under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) on the basis that the Tribunal does not have jurisdiction to hear and determine the applicant's substantive application. Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 58 Civil and Administrative Tribunal Act 2013 (NSW), s 55 Health Records and Information Privacy Act 2002, s 21 Police Act 1900 (NSW), ss 124, 128, 129, 131 Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 17, 24, 52, 53, 55 Cases Cited: Department of Education and Training v MT [2006] NSWCA 270 DTN v Commissioner of Police [2022] NSWCATAD 158 KO & anor v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 21 KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 Texts Cited: None Cited Category: Procedural rulings Parties: FYH (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: