Zonnevylle v Department of Education and Communities [2016] NSWCATAD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Department of Education and Communities [2016] NSWCATAD 49 Hearing dates: 25 August 2015 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The Respondent's decision in matter No. 141329 is affirmed. 2. The Respondent's decision in matter No. 141330 is affirmed. 3. The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. Catchwords: ADMINISTRATIVE REVIEW - government information - unreasonable and substantial diversion of resources - whether searches undertaken were sufficient - jurisdiction - failed to exercise in good faith - function conferred on officer - the approach to be taken to section 112 issues Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Camilleri v Commissioner of Police NSW Police Force [2012] NSWADT 5 Cianfrano v Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (NSW) (No 1) [2013] NSWADT 42 Colefax v Department of Education and Communities (NSW) No 2 [2013] NSWADT 130 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 Patsalis v Commissioner of Police, New South Wales Police Service [2003] NSWADT 213 Shepherd and Department of Housing, Local Government and Planning [1994] QlCmr 7; (1994) 1 QAR 464 Zonnevylle v Department of Education and Communities [2015] NSWCATAD 10 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Department of Education and Communities (Respondent) Representation: Solicitors: P Zonnevylle (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410329; 1410330; 1410331;