Irvine v Temora Shire Council [2025] NSWCATAD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Irvine v Temora Shire Council [2025] NSWCATAD 59 Hearing dates: On the papers Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) I dispense with an oral hearing of the application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application is dismissed for lack of jurisdiction. Catchwords: Administrative Law – government information - statutory interpretation – meaning of s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW) – whether Tribunal has jurisdiction to entertain a new application for administrative review of a decision made by the respondent following remittal under s 63(3)(d) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Irvine v Temora Shire Council [2024] NSWCATAD 202 Webb v Port Stephens Council [2020] NSWCATAP 152 Texts Cited: None cited Category: Principal judgment Parties: Anthony Irvine (Applicant) Temora Shire Council (Respondent) Representation: Applicant (Self-Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2024/00353322 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The current proceedings concern an application for administrative review of a decision made by Temora Shire Council (the respondent) on 20 August 2024, under the Government Information (Public Access) Act 2009 (NSW) (the Act) which was lodged by Anthony Irvine (the applicant). 2. However, that decision was made by the respondent following a remittal order made by the Tribunal on 25 July 2024 (the remittal decision), in previous administrative review proceedings between the applicant and the respondent: Irvine v Temora Shire Council [2024] NSWCATAD 202. 3. The applicant sought administrative review of the remittal decision on the following grounds: Please refer case number 2023/00454688. I believe, when making the new decision as directed by NCAT in orders dated 25th July, 2024, Temora Shire Council has failed to properly consider the recommendations set out in paragraph 103 of the decision attached. Were I to request an internal review, I have been advised that the review would be conducted by Temora Shire Council General Manager, Melissa Boxall. Based on comments made by Ms Boxall in a media release relative to these matters, I do not believe Ms Boxall would be able to consider the matter impartially or fairly. 1. On 21 October 2024, Senior Member Ziegler issued orders, which noted that an issue had been raised as to whether the Tribunal has jurisdiction to hear and determine this application. She referred the parties to the decision of the Appeal Panel in Webb v Port Stephens Council [2020] NSWCATAO 152 (Webb), particularly paras [20] to [38]. She ordered the respondent to file and serve submissions on jurisdiction by 18 November 2024. She ordered the applicant to file and serve submissions on this issue by 16 December 2024. She gave the respondent leave to file submissions in reply by 23 December 2024. She also ordered that the Tribunal may determine the issue of jurisdiction on the papers without an oral hearing and the parties' submissions were to address whether they consent to a determination on the papers or seek an oral hearing.