Frost v State of New South Wales, Department of Communities and Justice [2019] NSWCATAD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frost v State of New South Wales, Department of Communities and Justice [2019] NSWCATAD 165 Hearing dates: On the papers Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The name of the respondent is amended to State of New South Wales, Department of Communities and Justice. (2) The Tribunal dispenses with a hearing of the applicant's recusal application and dispenses with a hearing of the applicant's application for a non-publication order. (3) The applicant's recusal application is refused. (4) The applicant's application for an order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the applicant's name is refused. Catchwords: PRACTICE AND PROCEDURE – Principles applying to power to make confidentiality orders – Whether Tribunal should dispense with a hearing PROCEDURAL FAIRNESS – Apprehended or actual bias - Whether Tribunal member should recuse herself Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (NSW) Cases Cited: CJU v SafeWork NSW [2018] NSWCATAD 171 Davies v The Queen [2019] VSCA 66 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Frost v State of New South Wales, Department of Justice [2019] NSWCATAD 76 Frost v TAFE NSW [2019] NSWCATAD 62 Frost v TAFE NSW (No 2) [2019] NSWCATAD 12 Jordan v Audet [2016] NSWCATAP 22 Kostov v Ecclesia Housing Limited (No 3) [2018] NSWCATAP 221 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 90 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Texts Cited: None cited Category: Procedural and other rulings Parties: Julie Frost (applicant) State of New South Wales, Department of Justice (respondent) Representation: Solicitors: Applicant (Self Represented) Minter Ellison (Respondent) File Number(s): 2019/00053507 Publication restriction: Nil