CJU v SafeWork NSW [2018] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJU v SafeWork NSW [2018] NSWCATAD 171 Hearing dates: 30 May 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P Durack SC, Senior Member Decision: (1) Application for recusal dismissed. Catchwords: Privacy - bias Legislation Cited: Administrative Decision Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Work Health & Safety Act 2011 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Re May [2011] 126 ALD 600 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Category: Procedural and other rulings Parties: CJU (Applicant) SafeWork NSW (Respondent) Representation: In Person (Applicant)

Solicitors: NSW Crown Solicitors Office (Respondent) File Number(s): 2017/00138493 Publication restriction: Publication of the name of the Applicant is prohibited.

reasons for decision

Overview 1. The applicant applies for an order that I recuse myself from further hearing of her application for administrative review of a decision by the respondent concerning her complaint of a breach of privacy. 2. The application was made by email to the Tribunal sent on 25 April 2018. It is based upon contentions of bias arising out of aspects of the hearing of her application on 14 March 2018. On that occasion the hearing of her application was adjourned part heard to 4 May 2018. 3. In the course of discussion about a date for the resumed hearing the applicant said that she would be away in June 2018. I have had regard to that indication of availability in respect of the timing of this decision. 4. For the reasons set out below, I do not agree that I should accede to her application.