ANQ v Department of Attorney General and Justice, Corrective Services [2012] NSWADT 271

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ANQ v Department of Attorney General and Justice, Corrective Services [2012] NSWADT 271 Hearing dates: On the papers Decision date: 17 December 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The time for the filing of the application for review is extended to 15 October 2012 Catchwords: Out of time - leave for an extension of the time Legislation Cited: Administrative Decisions Tribunal Act 1997 Cases Cited: Director General, Department of Infrastructure, Planning and Natural Resources v Stapleton [2003] NSWADT 212 Edwards v Department of Family and Community Services [2012] NSWADT 60 Hawke v Chief Executive Officer, WorkCover NSW [2008] NSWADT 4 Hunter Valley Developments Ply Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Re Ljubo Maric v Comcare [1993] FCA 31; (1993) 40 FCR 244 Category: Interlocutory applications Parties: ANQ (Applicant) Department of Attorney General and Justice, Corrective Services (Respondent) Representation: Greg Walsh & Co (Applicant) Department of Corrective Services (Respondent) File Number(s): 123294

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant seeks external review by the Tribunal of the Respondent's decision under the Government Information (Public Access) Act 2009 ("the GIPA Act"). 2Applications for review of reviewable decisions by this Tribunal under the GIPA Act must be lodged within 8 weeks after notice of the decision is given to the applicant: section 101 of the GIPA Act. It is common ground that the application for external review is out of time. The Applicant seeks, pursuant to section 57 of the Administrative Decisions Tribunal Act 1997 ("the ADT Act"), and section 101(4) of the GIPA Act, an extension of time for lodging her application for review. 3The matter came before me for a planning meeting on 13 November 2012. At the planning meeting the Respondent submitted that the reasons provided by the Applicant in the application for review did not constitute a "reasonable excuse for the delay" for the purpose of the Tribunal exercising its discretion to grant an extension of time, pursuant to section 101(4) of the GIPA Act. 4For the purposes of this interlocutory application each of the parties made submissions. They were not required to file evidence.