Jacobs v Commissioner of Police, NSW Police Force [2013] NSWADT 54

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jacobs v Commissioner of Police, NSW Police Force [2013] NSWADT 54 Hearing dates: 26 February 2012 Decision date: 07 March 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1. The application for an extension of time is refused. 2. The application for ADT Review is dismissed for want of jurisdiction. Catchwords: Government Information Public Access - time for seeking ADT review - extension of time Legislation Cited: Government Information (Public Access) Act 2009 Government Information (Public Access) Amendment Act 2012 Cases Cited: ANQ v Department of Attorney General and Justice, Corrective Services [2012] NSWADT 271 Edwards v Department of Family and Community Services [2012] NSWADT 60 R v Jacobs [2009] NSWSC 235 Category: Principal judgment Parties: Applicant - Greg Jacobs Respondent - Commissioner of Police, NSW Police Force Representation: Applicant - in person Respondent - K Rose File Number(s): 123345 Publication restriction: Nil

reasons for decision

Introduction 1One 22 January, 2013 Mr Jacobs applied to the Tribunal to review a decision made by the Commissioner of Police (the Agency) on 18 April, 2012 under the Government Information (Public Access) Act 2009 (the GIPA Act). That was a reconsideration decision under s 93(3) and was made following a review of a previous internal review decision by the Office of the Information Commissioner. The Information Commissioner's reconsideration recommendations were made on 23 February 2012. 2On 4 December 2012 Mr Jacobs filed an application to review the decision of 18 April 2012 with the Tribunal. 3Following a planning meeting on 22 January, 2013 Mr Jacobs' application was set down for a preliminary hearing before me on 23 February, 2013 to determine: (a) whether Mr Jacobs' application to the Tribunal was out of time; and, (b) if so, whether the tribunal should extend time for the making of the application under section 101(4) of the GIPA Act. 4These reasons relate to those issues.