Wojciechowska v Commissioner of Police [2024] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Commissioner of Police [2024] NSWCATAP 190 Hearing dates: 1 April 2022 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Appeal Panel Before: T Simon, Principal Member R Dubler, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The respondent is to inform the Tribunal and the appellant by 7 October 2024 if they are making an application for costs. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the material filed by the respondent on a confidential basis is prohibited. (5) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the material filed by the respondent on a confidential basis, to the appellant is prohibited. Catchwords: APPEALS — question of law - administrative review — Government Information — denial of procedural fairness — actual and apprehended bias — jurisdiction — residents of different states — transfer of proceedings to the Supreme Court — confidentiality orders — adequacy of reasons — refusal to issue summons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Edwards v State of New South Wales [2022] NSWCA 187 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Johnson v Johnson (2000) 201 CLR 488 Lonsdale v University of Sydney [2015] NSWCATAP 277 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Secretary of the Department of Planning, Industry and the Environment v Blacktown City Council [2021] NSWCA 145 Stoker v Adecco Gemuale Constructions Pty Ltd [2004] NSWCA 449 Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179 Wojciechowska v Commissioner of Police (No 2) [2021] NSWCATAP 311 Wojciechowska v Commissioner of Police, NSW Police Force [2023] NSWCATAP 34 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Texts Cited: None Category: Principal judgment Parties: Paulina Wojciechowska (Appellant) Commissioner of Police (Respondent) Representation: Appellant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2021/00300552 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to the material filed by the respondent on a confidential basis. That material is not to be released to either the applicant or the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 284 Date of Decision: 29 September 2021 Before: S Higgins, Senior Member File Number(s): 2020/00132948