Murdoch v Commissioner of Police, NSW Police Force [2024] NSWCATAD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murdoch v Commissioner of Police, NSW Police Force [2024] NSWCATAD 79 Hearing dates: On the papers Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) A hearing of the applicant's extension of time application is dispensed with. (2) The decision for which the applicant seeks review is the decision of the respondent made on 2 August 2023. (3) The applicant's application to extend time within which to lodge her administrative review application is refused. (4) The 8 April 2024 case conference is vacated. Catchwords: ADMINISTRATIVE LAW – application for review lodged out of time – whether reasonable explanation for the delay Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 Texts Cited: None Cited Category: Principal judgment Parties: Gillian Murdoch (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self-represented) McCullough Robertson Lawyers (Respondent) File Number(s): 2023/00432097 Publication restriction: NIL

Reasons for decision 1. This is an application by Gillian Murdoch (applicant) seeking an extension of time within which to lodge her application for administrative review of the decision of the respondent, the Commissioner of Police, NSW Police Force, made under s 58(1)(e) of the Government Information Public Access Act 2009 (NSW) (GIPA Act). 2. There is no dispute that the decision of the respondent is an administratively reviewable decision by the Tribunal: GIPA Act ss 80(e) and 100(1). However, the applicant's Administrative Review Application was not lodged within the time prescribed in s 101(2) of the GIPA Act. 3. The applicant's application first came before me, on 29 January 2024, at a case conference, where I made orders for the filing and serving of evidence and submissions regarding the applicant's extension of time application. Included in those orders was an order that each party indicate, in their respective submissions, whether the extension of time application could be adequately determined by considering the written submissions and other documents provided by the parties: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 52(2). The applicant and the respondent both indicated in their submissions that the applicant's extension of time application is suitable to be determined on the papers. 4. Having considered the material provided by the applicant and the respondent, I am satisfied that the issues for determination in this application can be adequately determined in the absence of the applicant and the respondent by considering the material before the Tribunal, and I make an order accordingly. 5. For the reasons set out below, I have decided not to extend the time within which the applicant is to lodge this application. While this decision disposes of the applicant's application, for abundant caution I have also vacated the 8 April 2024 case conference.