Turner v Commissioner, Corrective Services NSW [2016] NSWCATAD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Commissioner, Corrective Services NSW [2016] NSWCATAD 15 Hearing dates: On papers after 8 January 2016 Date of orders: 20 January 2016 Decision date: 20 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The applicant's application for Magistrate Hennessy to disqualify herself from hearing this matter is refused. Catchwords: PROCEDURAL FAIRNESS – apprehended or actual bias Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Attorney General of NSW v Lucy Klewer [2003] NSWCA 295 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Livesey v NSW Bar Association (1983) 151 CLR 288 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Turner v Commissioner of police, NSW police force [2014] NSWCATAP 4 Wentworth v Graham [2003] NSWCA 240 Category: Procedural and other rulings Parties: Donovan Turner Commissioner, Corrective Services NSW Representation: Appellant (self-represented) Crown Solicitor (Respondent) File Number(s): 123014 Publication restriction: Nil

reasons for decision

Introduction 1. The applicant in these proceedings, Mr Turner, has applied for me to disqualify myself from hearing this matter. The respondent, the Commissioner of Corrective Services, does not press a particular position in relation to the application but provided written submissions. 2. These proceedings concern written allegations of contempt under s 73 of the Civil and Administrative Tribunal Act 2013 (NCAT Act). Mr Turner has made those allegations against the Commissioner in relation to the conduct of the Commissioner's officers and the solicitors in these proceedings. The substantive proceedings are for a review of a determination made by the Commissioner under the Government Information (Public Access) Act 2009 (NSW). 3. The relevant conduct or circumstances relied on by Mr Turner as a basis for the application for me to disqualify myself can be summarised as follows: 1. my involvement in hearing and determining an internal appeal to which Mr Turner was a party: Turner v Commissioner of police, NSW police force [2014] NSWCATAP 4; 2. the fact that in 2013, Mr Turner lodged "a number of complaints" regarding my "unlawful actions and unreasonable decisions"; and 3. remarks I allegedly made in these and other proceedings in which Mr Turner is a party.