Holman v NSW Rural Fire Service [2025] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holman v NSW Rural Fire Service [2025] NSWCATAD 54 Hearing dates: 29 January 2024 & On the papers Date of orders: 03 March 2025 Decision date: 03 March 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or disclosure of documentation lodged by the respondent with the Tribunal on a confidential basis is prohibited. (2) The respondent's decision dated 11 August 2023, as varied on 1 November 2023, is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – where senior member resigned – reconstitution of Tribunal - alleged improper conduct of the agency – scope of access application – reasonable searches – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Government Information (Public Access) Act 2009 (NSW) Rural Fires Act 1997 (NSW) State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020 (2020-667) LW 13 November 2020 (NSW) State Records Act 1998 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 CLT v Secretary, Department of Education [2022] NSWCATAD 34 ECN v Commissioner of Police [2020] NSWCATAD 153 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Joseph v Kiama Municipal Council (No 3) [2023] NSWCATAD 243 Klaric v Commissioner of Police [2020] NSWCATAP 153 Leech v Sydney Water Corporation [2010] NSWADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Pedestrian Council of Australia v North Sydney Council [2014] NSWCATAD 80 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221 Saggers v Environment Protection Authority [2013] NSWADT 204 Seremetis v Commissioner of Police; Seremetis v Department of Communities and Justice [2020] NSWCATAD 317 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Taylor v Destination NSW [2017] NSWCATAD 272 Tisdale v Cumberland City Council [2021] NSWCATAD 132 Transport for NSW v Searle [2018] NSWCATAP 93 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 YG & GG v Minister for Community Services [2002] NSWCA 247 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Texts Cited: None Category: Principal judgment Parties: John Holman (Applicant) NSW Rural Fire Service (Respondent) Representation: Applicant (Self-represented) Crown Solicitor(Respondent): File Number(s): 2023/00258066 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or disclosure of documentation lodged by the respondent with the Tribunal on a confidential basis is prohibited.