Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2025] NSWCATAP 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2025] NSWCATAP 24 Hearing dates: On the papers Date of orders: 3 February 2025 Decision date: 03 February 2025 Jurisdiction: Appeal Panel Before: G Blake AM SC, Principal Member Decision: 1. A hearing of Application for miscellaneous matters lodged by the Appellant on 16 December 2024 is dispensed with. 2. The parties are to lodge an agreed form of order or orders with the Appeal Registry by 10 February 2025. 3. In the absence of the agreement of the parties as to the form of order or orders: a. the Appellant is to lodge with the Appeal Registry and serve on the Respondent by 10 February 2025: i. evidence as to how much time he expects to require for completion of his evidence and submissions in support of the Appeal; ii. any application for the making of orders under s 64 of the NCAT Act (which may be informal and indicate orders are sought in the same terms as the orders made on 8 March 2024 in proceedings (2023/00190272); b. the Respondent is to lodge with the Appeal Registry and serve on the Appellant by 11 February 2025: i. evidence as to what arrangements can be made to provide the Appellant with additional out-of-cell computer access including during lock-ins; ii. its submissions as to any application by the Appellant for the making of orders under s 64 of the NCAT Act; iii. its submissions as to the correct name of the Respondent. 4. The Respondent is to use its reasonable endeavours to provide the Appellant with this decision without delay including by personal delivery. 5. The Respondent is to use its reasonable endeavours to facilitate the Appellant lodging documents with the Appeal Registry in compliance with these orders. Catchwords: APPEALS – Tribunal powers – control of proceedings – where appellant is a maximum security inmate at Goulburn Correctional Centre – where appellant seeks additional out-of-cell computer access including during lock-ins to prepare for the appeal – relevant principles - whether the order is necessary to ensure the appellant has unimpeded access to the Tribunal, as part of the basic right to a fair trial in the appeal Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49B, 49M, 49ZP, 50, 93A, 93C Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 4, 29, 32, 36, 38, 41, 50, 55, 58, 64 Crimes (Administration of Sentences) Regulation 2014 (NSW) Cases Cited: Attorney-General (NSW); Ex rel Franklins Stores Pty Ltd v Lizelle Pty Ltd [1977] 2 NSWLR 955 Broadhurst v Nicols [1902] QWN 21 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Commissioner of Corrective Services v Liristis (2018) 98 NSWLR 113; [2018] NSWCA 143 De Mestre v Hunter Pty Ltd (1952) 77 WN (NSW) 143 Hamzy v Commissioner of Corrective Services [2024] NSWSC 1090 Ian Street Developer Pty Ltd v Arrow International Pty Ltd [2018] VSCA 294 Karnauchow v State of NSW (Corrective Services NSW) [2024] NSWCATAD 294 Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 Montreal Street Railway Company v Normandin [1917] AC 170 Ryan v Grange at Wodonga Pty Ltd [2015] VSCA 17 Texts Cited: Custodial Operations Policy and Procedures, Corrective Services NSW Category: Procedural rulings Parties: Andreas Karnauchow (Appellant) State of NSW, NSW Department of Communities and Justice (Corrective Services) (Respondent) Representation: Appellant (Self-represented) M Naumovski (Senior Solicitor, NSW Communities and Justice) (Respondent) File Number(s): 2024/00051179 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Karnauchow v State of NSW, NSW Department of Communities and Justice (Corrective Services) [2023] NSWCATAD 326 Date of Decision: 19 December 2023 Before: L Andelman, Senior Member Dr M Murray, General Member File Number(s): 2023/00190272