Azshion v Ombudsman NSW [2016] NSWCATAD 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azshion v Ombudsman NSW [2016] NSWCATAD 249 Hearing dates: 27 October 2016 Date of orders: 07 November 2016 Decision date: 07 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE LAW –– jurisdiction Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Ombudsman Act 1974 Privacy and Personal Information Protection Act 1998 Cases Cited: CCM v University of Western Sydney [2016] NSWCATAP 185 CMT [2014]NSWCATGD 11 Category: Principal judgment Parties: Craig Azshion (Applicant) NSW Ombudsman (Respondent) Representation: Solicitors: C Azshion (Applicant in person) NSW Ombudsman (Respondent) File Number(s): 1610504

REASONS FOR DECISION 1. This matter was listed for hearing of the respondent's application that the applicant's application for review be dismissed for lack of jurisdiction. I am of the view that the respondent's application to dismiss should be granted for the following reasons. 2. The history of the matter is as follows. On 30 June 2015 Mr Craig Azshion (the applicant) made 8 complaints to the Ombudsman about the conduct of the NSW Police Force. 3. On 23 July 2015 Mr Kimber Swan, a senior investigation officer in the Ombudsman's office, replied to Mr Azshion stating that there was not an adequate basis on which the Ombudsman would take any further action in relation to his complaints. 4. Mr Azshion sought an internal review of that decision on 7 September 2015. On 12 November 2015 Ms Kirsteen Banwell, the A/Division Manager (Police) at the Ombudsman's office wrote to him informing him that "an investigation into your complaint is not required and that no further action can be taken in this matter." 5. Mr Azshion is seeking a review of that decision.