National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Hearing dates: On the papers Decision date: 17 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: The respondent's decision that the applicant is required to make an advance payment of a processing charge, being an advance payment to the respondent of $1,395.60, by 19 December 2014 is varied by changing the date the advance payment is due to be paid to 17 working days from the date of this decision. Catchwords: Government information – Processing charge – Whether reviewable decision about imposing charge may be made prior to determination of application – Whether reviewable decisions to impose charge and to refuse further discount have been made in circumstances of case Government information - Advance deposit – Entitlement to discount – Whether discounts cumulative Administrative review – Tribunal's powers on review – Tribunal's functions do not include making declarations as to validity of administrative action Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Regulation 2009 (NSW) Cases Cited: Fitzgerald v Masters (1956) 95 CLR 420 Wingadee Shire Council v Willis (1910) 11 CLR 123 BHP Petroleum (Timor Sea) Pty Ltd v Minister for Resources (1994) 49 FCR 155 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: National Tertiary Education Union (Applicant) Southern Cross University (Respondent) Representation: Solicitors: National Tertiary Education Union (Applicant) Southern Cross University Legal Office (Respondent) File Number(s): 1410657