FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127 Hearing dates: 30 April 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President D Robertson, Senior Member Decision: (1) Time to file the appeal is extended until 26 September 2023. (2) With respect to the following orders the subject of this appeal, the Appeal Panel will hear the parties further: (a) The order of 29 August 2023 refusing to set-aside the Substantive Decision. (b) The order of 14 July 2023 dismissing the application. (3) The parties are to file and serve their submissions within 21 days of this decision, in relation to the following: (a) Whether there has been a material breach of procedural fairness, in failing to determine the appellant's adjournment request and proceeding in his absence. (b) Whether: (i) an agency (and the Tribunal) must consider s 73(2) of the GIPA Act in determining an application where imposition of a condition of access might avoid there being an overriding public interest against disclosure; and (ii) failure to consider s 73(2) of the GIPA Act, in this case, led to appealable error. (c) Whether leave to appeal the Substantive Decision in relation to s 73(2) and s 74 of the GIPA Act should be granted. (d) Whether a hearing may be dispensed with, under s 50 of the NCAT Act, in relation to the matters the subject of the submissions. (4) The appeal is otherwise dismissed. (5) By consent, the publication or broadcast of the name of the applicant is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL — Questions of law — Extension of time to appeal — Leave to appeal — "ancillary" and "interlocutory" decisions under s 4(1) of the NCAT Act — Dismissal of proceedings under s 55(1)(c) of the NCAT Act — Reinstatement of proceedings under s 55(2) of the NCAT Act — Failure to determine request for adjournment — Whether there was a breach of procedural fairness in determining the proceedings in the absence of the appellant — Adequacy of reasons under s 62 of the NCAT Act — Public interest considerations in favour of and against disclosure under sections 12 and 14 of the GIPA Act —Conditions on form of access under s 73(2) of the GIPA Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2022 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Camilleri v Commissioner of Police, NSW Police Force [2013] NSWADT 80 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Charles v SafeWork NSW [2023] NSWCATAD 259 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 FCZ v Commissioner of Police, NSW Police Force [2024] NSWCATAD 16 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 iCare NSW v Webb [2023] NSWCATAP 192 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Karim v Council of the New South Wales Bar Association [2005] NSWCA 93 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Kudrynski v Orange City Council [2024] NSWCA 33 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Nathanson v Minister for Home Affairs [2022] HCA 26 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940 Ros v Commissioner of Police [2020] NSWCATAP 70 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Vickery v Owners - Strata Plan No 80412 [2020] NSWCA 284 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 YHY v YHZ [2024] NSWCATAP 117 Texts Cited: None cited Category: Principal judgment Parties: FVA (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Appellant (Self-Represented) McCullough Robertson (Respondent) File Number(s): 2023/00305979 Publication restriction: The publication or broadcast of the name of the applicant is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 236 Date of Decision: 14 July 2023 Before: M Riordan, Senior Member File Number(s): 2023/00077447