Quipolly Water Action Group v NSW Department of Industry [2016] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quipolly Water Action Group v NSW Department of Industry [2016] NSWCATAD 252 Hearing dates: On the Papers Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) On the date that this decision is published, the respondent already having been alerted by the Divisional Registrar to the date of publication, is to write to the third party Whitehaven Coal concerning these proceedings. (2) That correspondence shall draw the following matters to the attention of Whitehaven Coal: (i) These reasons for decision. (ii) The existence of their right to appear and be heard in these proceedings under section 104 (3) of the Government Information (Public Access) Act 2009. (iii) That Whitehaven Coal if it decides to exercise its rights under section 104 (3), it must do so by advising the respondent and the Tribunal within seven (7) days of the date of the respondent's correspondence referred to in this order. (iv) On receipt of a communication referred to in (2) (iii) (above), the matter will be listed for a Case Conference before Senior Member McAteer at 9:30am on 24 November 2016. (3) In the absence of any action by Whitehaven Coal under section 104 (3) of the GIPA Act in accordance with order (2) (iii), the decision of the respondent dated 23 May 2016 is set aside. (4) In substitution of that decision the respondent is to provide the applicant with access to documents: 31, 52, 53, 64, 72,73,74,75,76,77, 83 and 84. (5) The operation of Order 4 is contingent on order 2 (iii) and not to take effect before 16 November 2016. Catchwords: GIPA- Government Information – Preliminary decision – Third party right to appear and be heard – Nature of decision under review – Whether external review to original or subsequent decision- Rights of third party – Applicant's rights- Need to provide decision consistent with object and purpose of the Act – Procedural fairness – Natural justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 Category: Procedural and other rulings Parties: Quipolly Water Action Group (Applicant) NSW Department of Industry (Respondent) Representation: Solicitors: Environmental Defenders Office (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1610558