Neary v Commissioner of Police, NSW Police Force [2015] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neary v Commissioner of Police, NSW Police Force [2015] NSWCATAD 223 Hearing dates: On the papers Decision date: 23 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy Senior Member Decision: 1) The Tribunal refuses the applicant's application to extend the time for making the applications to the Tribunal in proceedings 1510380 and 1510381. 2) The Tribunal does not have jurisdiction to hear or determine these applications. Catchwords: GOVERNMENT INFORMATION – Applications lodged out of time – Whether applications should be accepted out of time – Whether reasonable excuse for delay Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Rules 2014 Cases Cited: Shalala v R [2012] NSWSC 351 Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 Category: Procedural and other rulings Parties: Craig Hilton Neary (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: NSW Police Force (Respondent) File Number(s): 1510380 and 1510381

Judgment 1. The applicant has made two applications to the Tribunal for review of decisions of the respondent ("the Commissioner") made under the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act"). These applications were made out of time. 2. The applicant has applied to the Tribunal to extend the time for the making of his applications. This decision concerns that application.