CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 32 Hearing dates: 30 January 2018 Date of orders: 08 February 2018 Decision date: 08 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The time for applying to the Tribunal for an administrative review of the decision made on 12 May 2017 is extended to 21 November 2017. 2. By 6 March 2018, the Department of Planning and Environment is to give to the Tribunal the documents under review on a confidential basis in a sealed envelope marked 'non-disclosure documents'. 3. By 6 March 2018, the Department of Planning and Environment is to give to the Tribunal and CGU Workers Compensation (NSW) Ltd: any evidence and submissions on which it relies. 4. By 3 April 2018 CGU Workers Compensation (NSW) Ltd is to give to the Tribunal and the Department of Planning and Environment: any evidence in reply and submissions on which it relies. 5. The application is listed for hearing on 16 April 2018 at 10 am for 1 day. Catchwords: PROCEDURE – time limits - application under Government Information (Public Access) Act 2009 (NSW) – where application lodged out of time – whether reasonable excuse for the delay

STATUTORY INTERPRETATION – meaning of phrase 'in respect of' in s 80 of Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 41 Government Information (Public Access) Act 2009 (NSW), s 80, s 100 and s 101 Cases Cited: Manning v Bathurst Regional Council (19 January 2018) [2018] NSWCATAD 18 Thomson v Sydney Trains [2015] NSWCATAD 257 Category: Procedural and other rulings Parties: CGU Workers Compensation (NSW) Ltd (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: C Murphy (Applicant)