Palerang Council, Queanbeyan City Council & Goulburn Mulwaree Council v Powell [2015] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Palerang Council, Queanbeyan City Council & Goulburn Mulwaree Council v Powell [2015] NSWCATAD 44 Hearing dates: 18 December 2014 Decision date: 17 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1.This order is made under section 110 of the Government Information (Public Access) Act 2009 ("the GIPA Act") and shall remain in force until 2 years from the date of this decision. 2.Whilst this order is in force, Mr Powell may only make an access application (as defined in section 4(1) of the GIPA Act) to Palerang Council, Queanbeyan City Council or Goulburn Mulwaree Council ("the Councils"), without having first obtained the approval of the Tribunal, in accordance with the following terms: a)Not more than one access application is to be made to each of the Councils in any two month period; b)An access application must not be made to any of the Councils within 14 days of having made a previous application to that Council; c)An access application shall not seek access to more than 3 documents; d)An access application shall not be made in respect of a document or documents the subject of any previous access application; e)An access application shall not contain material that is not essential to the making of the application in accordance with the GIPA Act; f)An access application shall not contain any offensive, abusive, threatening or insulting language; g)All correspondence with the Councils in relation to any access application shall be in writing only and shall not contain any offensive, abusive, threatening or insulting language; h)Any access application to the Councils is to be made by post and not by email or in person. 3.The Councils are not required to consider any access application made by Mr Powell that does not comply with the terms and conditions set out in paragraph 2(a) to (h). Catchwords: Government Information Public Access Act 2009 – Access to information – Restraint provisions – whether to make restraining order – jurisdiction of Tribunal – relevant considerations Legislation Cited: Government Information (Public Access) Act 2009 Civil and Administrative Tribunal Act 2013 Cases Cited: Department of Defence and W [2013] AlCmr 2 Pittwater Council v Walker [2015] NSWCATAD 34 Sweeney v Australia Information Commissioner [2014] AATA 539 Category: Principal judgment Parties: Palerang Council, Queanbeyan City Council & Goulburn Mulwaree Council (Applicants) Allan Powell (Respondent) Representation: Solicitors: Bradley Allen Love Lawyers (Applicants) A Powell (Respondent in person) File Number(s): 1410471