Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 Hearing dates: 4 November 2013 Decision date: 03 March 2014 Jurisdiction: Appeal Panel Before: Magistrate N Hennessy, Deputy President Decision: 1. The appeal is extended to the merits of the Tribunal's decision of 7 May 2013. 2. The Tribunal's decision of 7 May 2013 extending time for the filing of the application to 14 November 2012 is set aside. 3. In substitution for that decision, the following decision is made: The time for the filing of the application for review is not extended. 4. The application for review is dismissed. Catchwords: APPEAL - Appeal on question of law - procedural fairness - appeal on merits of Tribunal's decision - application for review out of time - whether reasonable explanation for the delay Legislation Cited: Government Information (Public Access) Act 2009 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Turner v Commissioner of Police, NSW Police Force [2013] NSWADT 157 Turner v Corrective Services NSW [2013] NSWADT 39 Saleam v Registrar, Registry of Births, Deaths & Marriages [2011] NSWADT 254 Category: Principal judgment Parties: Donovan Turner (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel J Lucy (Respondent) D Turner (Appellant in person) Sparke Helmore Lawyers (Respondent) File Number(s): 139028 Decision under appeal Citation: [2013] NSWADT 157 Date of Decision: 2013-05-07 00:00:00 Before: General Division File Number(s): 123328