Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144 Hearing dates: 30 January 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Appeal Panel Before: Hennessy, LCM Deputy President J McAteer, Senior Member Decision: 1. Leave to appeal on a question other than a question of law is refused.

2. The appeal is dismissed. Catchwords: GOVERNMENT INFORMATION - where agency decided not to determine an application for a discount to a processing charge until it was ready to make a decision on access to the information – whether that 'decision' was 'a decision to refuse a reduction in a processing charge' under s 80(k) of the Government Information (Public Access) Act 2009 - whether decision was "a decision to refuse to deal with an access application" under s 80(c) – NCAT's administrative review jurisdiction – appeal from obiter dicta – advisory opinions Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 9, s 63, s 65 Civil and Administrative Tribunal Act 2013 (NSW), ss 28(2)(b), 30, 32(1)(a), 52 and 80(1) Government Information (Public Access) Act 2009 (NSW), ss 17, 42(b), 49(1), 49(2), 51, 57(1), 63(1), 64, 66, 68(1), s 68(3)(b), 69, 80, 100 and 104(1) Cases Cited: Commissioner of Police v Danis [2017] NSWCATAP 7 National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Category: Principal judgment Parties: David Shoebridge (Appellant) Office of Environment and Heritage (Respondent) Information Commissioner (Interested Party) Representation: Appellant (self-represented) NSW Crown Solicitors Office (Respondent) B Veselovsky (Government Legal Practitioner, Department of Justice) (Interested Party) File Number(s): AP17/42754 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2017] NSWCATAD 275 Date of Decision: 13 September 2017 Before: D Dinnen, Senior Member File Number(s): 2016/00378406, 1610651