Zonnevylle v Department of Justice [2018] NSWCATAD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Department of Justice [2018] NSWCATAD 158 Hearing dates: 14 May 2018 Date of orders: 26 July 2018 Decision date: 26 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – access to government information – ability of agency to impose processing charge and advance deposit – time for deciding request for reduction in charge - advance deposit not paid within time – refusal to further deal with access application Legislation Cited: Court Security Act 2005 Government Information (Public Access) Act 2009 Cases Cited: National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Page v Southern Cross University [2017] NSWCATAP 80 Styles v Wollondilly Shire Council [2004] NSWADT 167 Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Department of Justice (Respondent) Representation: Applicant in person Respondent by its officer File Number(s): 2017/00319363

REASONS FOR DECISION 1. On 26 June 2017 the Department of Justice (the Department) received an application from Mr Peter Zonnevylle under the Government Information (Public Access) Act 2009 (GIPA Act). Mr Zonnevylle sought access to a range of documents held by the Department, the Crown Solicitor's Officer and this Tribunal. There followed correspondence between the Department and Mr Zonnevylle about the scope of his access request. Mr Zonnevylle was advised by the Department that it may refuse to deal with his access application under s 60(1)(a) of the GIPA Act, if dealing with the application would require and unreasonable and substantial diversion of resources. As a result, on 24 August 2017 a reduced scope was agreed upon. 2. On 24 August 2017 the Department sent a letter to Mr Zonnevylle asking him to pay an advance deposit of $517.50 for a processing charge based on the Department's estimate of the time required to process the reduced scope application. Mr Zonnevylle was required to pay the deposit by 28 September 2017. 3. On 4 October 2017 the Department decided to refuse to deal further with Mr Zonnevylle's access application because he had not paid the advance deposit within the required time. On 11 October 2017 Mr Zonnevylle lodged an application for review with the Tribunal. Various directions about the conduct of the proceedings were made and a request by Mr Zonnevylle for certain summonses to be issued was refused.