Marden v Pharmacy Council of New South Wales [2015] NSWCATAD 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marden v Pharmacy Council of New South Wales [2015] NSWCATAD 230 Hearing dates: On the papers Decision date: 06 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1) The applicant is to file and serve on the other parties and the Information Commissioner any submissions and evidence addressing the question of whether her application to the Tribunal was made within time by 27 November 2015. 2) The applicant is to lodge with the Tribunal and to provide to the other parties and the Information Commissioner any application for an extension of time which she wishes to make, with any accompanying submissions and evidence in support of that application on which she wishes to rely, by 27 November 2015. 3) The first and second respondents and the Information Commissioner are to file and serve any submissions and evidence upon which they wish to rely in response to the applicant's material by 11 December 2015. 4) All parties and the Information Commissioner should address, in their submissions, whether the issues for determination can be adequately determined in the absence of the parties by the Tribunal considering any written submissions or any other documents or material lodged with or provided to the Tribunal. 5) The parties have liberty to apply on 3 days notice. Catchwords: GOVERNMENT INFORMATION – Application for information about a complaint made about the applicant – Third party consultation by agency with complainant – Objection by complainant to provision of information to applicant – Decision of agency to provide access to some information in complaint and to deny access to remainder – Internal review sought by complainant – Whether decision under review only decision to provide access – Internal review decision to provide access to some information in complaint purportedly by making a new record of information and to deny access to remainder – Application by complainant for review by Information Commissioner – Subsequent application by applicant for Tribunal review – Identity of decision or decisions before Tribunal – Whether application to Tribunal made within time. Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Category: Procedural and other rulings Parties: Judith Marden (Applicant) Pharmacy Council of NSW (First Respondent) Complainant (Second Respondent) Information Commissioner Representation: Solicitors: K Mills (Applicant) Pharmacy Council of NSW (First Respondent) Complainant in person (Second Respondent) File Number(s): 1410583 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - the disclosure of the Second Respondent's name is prohibited.