Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 164 Hearing dates: 21 February 2019; 13 May 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW –access to information –whether respondent holds further information – reasonableness of searches Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Cainfrano v Director General, Department of Commerce and anor (No 2) [2006] NSWADT 195 McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 66. Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 38 Texts Cited: None cited Category: Principal judgment Parties: Joe Zidar (Applicant) NSW Department of Justice (Office of the General Counsel) (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown solicitors Office (Respondent) File Number(s): 2018/00233456 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Mr Joe Zidar ("the Applicant") for review of a determination by the Department of Justice (Office of the General Counsel) ("the Department" or "the Respondent") under the Government Information (Public Access) Act 2009. The Applicant requested information concerning a decision that had been taken within the Department to block emails from his email address. 2. The matter was listed before me for a hearing on 21 February 2019. On that occasion a number of preliminary issues were raised. My decision in relation to those issue is recorded as Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 38.