Jeray v Information and Privacy Commission [2024] NSWCATAP 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jeray v Information and Privacy Commission [2024] NSWCATAP 239 Hearing dates: 23 August 2024 Date of orders: 25 November 2024 Decision date: 25 November 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President J Ledda, Senior Member Decision: (1) The appeal is allowed, in part. (a) Orders 1 and 2 made by the Tribunal on 7 May 2024 in proceedings 2023/00314314 (the proceedings) are set aside. (b) In substitution of order 1, order that the name of the respondent in the proceedings is amended to "Information and Privacy Commission". (c) In substitution of order 2, order that the proceedings are dismissed because the Tribunal does not have jurisdiction. (d) The name of the respondent in the appeal is amended to "Information and Privacy Commission". (2) The appeal is otherwise dismissed. (3) The application for miscellaneous matters, dated 23 August 2024, is dismissed. (4) If a party to the appeal wishes to make an application for costs in the appeal, the following directions apply: (a) the party applying for costs (the costs applicant) must, within 14 days after the publication of this decision, give the other party (the costs respondent) and the Appeal Registry any submissions and documents the costs applicant intends to rely on in relation to the application; (b) the costs respondent must, within 14 days after receiving the submissions and documents of the costs applicant, give the costs applicant and the Appeal Registry any submissions and documents the costs respondent intends to rely on in response to the application for costs; (c) the costs applicant must, within 7 days after receiving the submissions and documents of the costs respondent, give the costs respondent and the Appeal Registry any additional submissions and documents the costs applicant intends to rely on in response to the costs respondent's submissions and documents; (d) the parties are to include, in their written submissions concerning the application for costs, their views about whether they consider that a hearing in relation to the application can be dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: GOVERNMENT INFORMATION — access to information about intervention decisions of Information Commissioner — excluded information and invalid access application under Government Information (Public Access) Act 2009 (NSW) ADMINISTRATIVE LAW — effect of s 42 of Government Information (Information Commissioner) Act 2009 (NSW) on administrative review jurisdiction of NSW Civil and Administrative Tribunal over decisions of Information and Privacy Commission PRACTICE AND PROCEDURE — correct respondent in administrative review proceedings Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Constitution Act 1902 (NSW) Government Information (Information Commissioner) Act 2009 (NSW) Government Information (Public Access) (Consequential Amendments and Repeal) Bill 2009 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Interpretation Act 1987 (NSW) Judicial Officers Act 1986 (NSW) Ombudsman Act 1974 (NSW) Ombudsman (Amendment) Act 1983 (NSW) Privacy and Government Information Legislation Amendment Act 2010 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Public Sector Employment and Management Act 2002 (NSW) Cases Cited: Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185 Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 216; [2022] HCA 16 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v FYH [2024] NSWCATAP 176 Cornish v Penrith City Council [2024] NSWCATAP 107 CP v New South Wales Ombudsman [2002] NSWADT 103 DNM v NSW Ombudsman [2019] NSWCATAP 77 FTB v Children's Guardian [2024] NSWCATAP 174 FTN v Ombudsman NSW [2024] NSWCATAD 111 FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127 FZK v Department of Customer Service [2024] NSWCATAP 185 Imbree v Chief Commissioner of State Revenue [2024] NSWCATAP 158 Independent Liquor and Gaming Authority v D & D Natural Health Pty Ltd [2021] NSWCATAP 170 Jeray v Blue Mountains City Council [2023] NSWCATAP 325 Jeray v Office of the Information Commissioner [2024] NSWCATAD 119 Jeray v Office of the Information Commissioner [2024] NSWCATAP 195 Kaldas v Barbour (2017) 107 NSWLR 341; [2017] NSWCA 275 Micro Focus (US) Inc v New South Wales (2011) 195 FCR 506; [2011] FCA 787 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 QQ v NSW Ombudsman (EOD) [2012] NSWADTAP 34 Rawan Arraf v NSW Crime Commission [2022] NSWCATAD 81 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATAP 370 Sunaust Properties Pty Ltd t/as Central Sydney Realty v The Owners – Strata Plan No 64807 [2023] NSWCA 188 The Ombudsman v Koopman (2003) 58 NSWLR 182; [2003] NSWCA 277 The Ombudsman v Laughton (2005) 64 NSWLR 114; [2005] NSWCA 339 Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Travelex Ltd v Commissioner of Taxation (2010) 241 CLR 510 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Texts Cited: None cited Category: Principal judgment Parties: Ivan Jeray (Applicant) Information and Privacy Commission (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00209422 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2024] NSWCATAD 119 Date of Decision: 7 May 2024 Before: M Riordan, Senior Member File Number(s): 2023/00314314