Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Hearing dates: 25 August 2015 Decision date: 08 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. Catchwords: ADMINISTRATIVE REVIEW - government information - jurisdiction - failed to exercise in good faith - function conferred on officer - the approach to be taken to section 112 issues - power to conduct 'satellite' hearings - need to accorded procedural fairness to an officer who is the subject of allegations. Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1987 Cases Cited: Bankstown City Council v Alamdo Holdings Pty Ltd [2005] HCA 46 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16 O'Hara v North Sydney Council [2005] NSWADT 100. Saggers v Environment Protection Authority (No 2) [2013] NSWADT 109 Saggers v Environment Protection Authority [2013] NSWADT 204 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Warragamba Winery Pty Ltd v State of New South Wales (No 9) [2012] NSWSC 701 Zonnevylle v NSW Department of Finance & Services [2015] NSWCATAD 175 Category: Procedural and other rulings Parties: Peter Zonnevylle (Applicant) NSW Department of Finance & Services (Respondent) Representation: Solicitors: P Zonnevylle (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410273