Choi v University of Technology Sydney [2017] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v University of Technology Sydney [2017] NSWCATAD 198 Hearing dates: On the papers Date of orders: 21 June 2017 Decision date: 21 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The applicant's application to extend time for the making of an application to the Tribunal for administrative review of the respondent's decision or decisions under the Government Information (Public Access) Act 2009 is dismissed. 2. The applicant's application to the Tribunal for administrative review of the respondent's decision or decisions under the Government Information (Public Access) Act 2009 is dismissed. Catchwords: GOVERNMENT INFORMATION – Decision to impose processing charge – Whether applicant applied for internal review within time – Whether notice was "given to" the applicant when attached to an email received by her – Meaning of the statutory phrase "given to" - Whether application to Tribunal was within time – Finding that application was made out of time - Application for extension of time to apply to Tribunal for review of decision – Whether applicant had reasonable excuse for the delay – Tribunal not satisfied that there was a reasonable excuse Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Melville v Townsville City Council [2004] 1 Qd R 530 ZAG v NSW Trustee and Guardian [2016] NSWCATAP 19 Category: Consequential orders (other than Costs) Parties: Jae Hee Choi (applicant) University of Technology Sydney (respondent) Representation: Counsel: N/A