Carney v Transport for NSW [2025] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carney v Transport for NSW [2025] NSWCATAD 13 Hearing dates: 6 December 2023 Date of orders: 14 January 2025 Decision date: 14 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The administrative review application is dismissed under the s 55(1)(a) on the ground that it is misconceived and lacking in substance. Catchwords: ADMINISTRATIVE LAW — Freedom of information – Government Information (Public Access) Act 2009 (NSW) – whether request for information intended as an access application – s 41 – mandatory requirements for a valid access application - distinction between access application and informal application for information – no jurisdiction to review decision made with respect to informal application. Legislation Cited: Australian Securities Commission Act 1989 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Legal Profession Practice Act 1958 (Vic) Cases Cited: Australian Securities Commission v Deloitte Touche Tohmatsu (1996) 138 ALR 655; (1996) 70 FCR 93 Cornall v AB (A Solicitor) [1995] 1 VR 372 Howard v Department of Communities and Justice - Housing [2023] NSWCATAD 18 Texts Cited: None Category: Procedural rulings Parties: Francis Carney (Applicant) Transport for NSW (Respondent) Representation: Solicitors: Applicant (Self-Represented) K Hudson (Transport for NSW) (Respondent) File Number(s): 2023/00207249 Publication restriction: None