Zonnevylle v Department of Justice [2019] NSWCATAP 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Department of Justice [2019] NSWCATAP 44 Hearing dates: 30 November 2018 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President Cowdroy QC ADCJ, Principal Member Decision: (1) The time for Mr Zonnevylle to appeal from Zonnevylle v Department of Justice [2018] NSWCATAD 96 (the summons decision) is extended to 24 August 2018. (2) Leave is granted for Mr Zonnevylle to appeal on the following question of law from the Zonnevylle v Department of Justice [2018] NSWCATAD 96: Did the Tribunal misconstrue s 111 or s 112 of the Government Information (Public Access) Act 2009 (NSW)? (3) Leave to appeal from the interlocutory decision in Zonnevylle v Department of Justice [2018] NSWCATAD 158 to refuse to allow Mr Zonnevylle to record the hearing is refused. (4) Leave to appeal from the decision of the Member in Zonnevylle v Department of Justice [2018] NSWCATAD 158 to refuse to disqualify herself is refused. (5) Mr Zonnevylle's application to refer certain questions of law to the Supreme Court is refused. (6) Mr Zonnevylle's application for permission to record the proceedings is refused. (7) Mr Zonnevylle's application for the Appeal Panel members to disqualify themselves is refused. Catchwords: APPEAL – scope of NCAT's internal appeal jurisdiction - meaning of s 111 and s 112 of the Government Information (Public Access) Act 2009 - whether certain "questions of law" should be referred to the Supreme Court – whether Member at first instance and on appeal should give permission to record proceedings – whether Members at first instance and on appeal should disqualify themselves for bias Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 30(2), 32, 41, 48, 54, 80(1), s 80(2)(a) and s 80(2)(b) Civil and Administrative Tribunal Rules 2014 (NSW), cll 25(4) and 41(1) Court Security Act 2005 (NSW), s 4, s 9 Government Information (Public Access) Act 2009 (NSW), ss 3, 63, 66, 80(j), 80(l), 104(1), 111, 112, 116, 117, 118, 119, 120 and 128 Interpretation Act 1987 (NSW), s 9, s 35(2), s 64 Judicial Officers Act 1986 (NSW) Cases Cited: Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63;205 CLR 337 Gallo v Dawson [1990] HCA 30; 93 ALR 479 House v The King (1936) 55 CLR 499 Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 68 Jackamarra v Krakouer (1998) 195 CLR 516 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Fairfax & Sons Pty Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465 Keith v Gal [2013] NSWCA 339 Khalaf v Commissioner of Police; QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATOD 191 Nanschild v Pratt [2011] NSWCA 85 O'Brien v Twyman [2016] NSWCATAP 125 Page v Southern Cross University [2017] NSWCATAP 89 Saggers v Environment Protection Authority [2013] NSWADT 204 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Smalley v Motor Accident Authority of New South Wales [2013] NSWCA 318 Zonnevylle v NSW Department of Finance and Services [2016] NSWCATAD 47 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action and Government Liability (6th ed, 2017, Lawbook Co) NSW Legislative Council, Parliamentary Debates (Hansard), 2 March 2005 Category: Principal judgment Parties: Peter Zonnevylle (Appellant) Department of Justice (Respondent) Information Commissioner (Interested Party) Representation: Appellant (self-represented) Office of the General Counsel, Department of Justice (Respondent) A Chetty (Office of the Information Commissioner) (Interested Party) File Number(s): AP 18/36891 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2018] NSWCATAD 158; [2018] NSWCATAD 96 Date of Decision: 26 July 2018; 3 May 2018 Before: K Ransome, Senior MemberR Titterton, Principal Member File Number(s): 2017/00319363