Zonnevylle v Department of Education [2017] NSWCATAD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Department of Education [2017] NSWCATAD 101 Hearing dates: 12 October 2016, 3 November 2016, Final submissions 3 February 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Tribunal affirms the Respondent's determinations of 24 June 2016, 27 July 2016, and 20 September 2016.

(2) The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. Catchwords: ADMINISTRATIVE REVIEW - Government Information – reasonableness of searches – reasonable searches – public interest considerations in favour of disclosure – public interest considerations against disclosure - prejudice to effective exercise of agency functions - expose a person to a risk of harm or of serious harassment or serious intimidation – balancing exercise - allegations of misconduct - failed to exercise in good faith - function conferred on officer – request for referral to Minister – jurisdiction PROCEDURAL FAIRNESS – application for disqualification - actual bias - apprehended bias Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121 Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 at 436 Battin v University of New England [2013] NSWADT 73 Bevege v Commissioner of Police, NSW Police Force [2014] NSWCATAD 22 Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 BY v Director General, Attorney-General's Department [2002] NSWADT 79 Camilleri v Commissioner of Police [2012] NSWADT 5 Cianfrano v Department of Commerce (No 2) [2006] NSWADT 195 Commissioner of Police (NSW) v Barrett [2015] NSWCATAP 68 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hula v Commissioner of Police (NSW) [2013] NSWADT 153 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Ku-ring-gai Council v NSW Department of Premier and Cabinet [2016] NSWCATAD 181 Leech v Sydney Water Corporation [2010] NSWADT 198 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Rittau v Commissioner of Police, NSW Police Service [2000] NSWADT 186 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Saggers v Environment Protection Authority [2013] NSWADT 204 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Stanley v Roads and Maritime Services (NSW) [2014] NSWCATAD 123 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 Wentworth v Graham [2003] NSWCA 240 Zonnevylle v Department of Education and Communities [2015] NSWCATAD 10 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Zonnevylle v NSW Department of Finance & Services [2015] NSWCATAD 175 Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Department of Education (Respondent) Representation: Solicitors: In Person (Applicant) NSW Crown Solicitor's Office (Respondent) File Number(s): 1510696 Publication restriction: None