Page v Southern Cross University [2017] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Page v Southern Cross University [2017] NSWCATAP 89 Hearing dates: 17 March 2017 Date of orders: 28 April 2017 Decision date: 28 April 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals Dr J Lucy, Senior Member Decision: Appeal dismissed Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – Reviewability of decisions as to discounts and advance deposits – Appeal – Law provides for discounts for financial hardship and special public benefit – Whether reviewable decisions to impose a processing charge and to refuse a reduction in a processing charge may be made before access application determined – Finding that they may not be - Agency purported to grant a financial hardship discount - a second discount on the ground of special public benefit is not available – Adequacy of an agency's notice requiring an advance deposit is not reviewable - Appeal dismissed. Legislation Cited: Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Cases Cited: BY v Director General, Attorney General's Department [2002] NSWADT 79 National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Page v Southern Cross University [2016] NSWCATAD 199 Project Blue Sky v ABA [1998] HCA 28; 194 CLR 355; 153 ALR 490; 72 ALJR 841 Texts Cited: Bennion, Statutory Interpretation (3rd ed. 1997) Category: Principal judgment Parties: James Smith Page (Appellant) Southern Cross University (Respondent) Representation: In person (Appellant) B Atkinson, Legal Officer (Respondent) File Number(s): AP 16/46936 Publication restriction: Suppression Order has been made under s64 of the Civil and Administrative Tribunal Act 2013 in respect of part of the contents of paragraphs 2 and 9 of the Reasons. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 199 Date of Decision: 31 August 2016 Before: S Montgomery, Senior Member File Number(s): 1510627