Choi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 191 Hearing dates: On the papers Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: The application made by Ms Choi to NCAT seeking that the decision made by the Tribunal on 15 August 2019 be set aside under reg 9 of the Civil and Administrative Tribunal Regulation 2013 is refused. Catchwords: PRACTICE AND PROCEDURE – power to set aside decision – whether party's absence resulted in the party's case not being adequately put to the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NCAT Act) Civil and Administrative Tribunal Regulation 2013 (NSW) Government Information (Public Access) Act 2009 Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: Jae Hee Choi (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicant (Self Represented) File Number(s): 2019/00078831 Publication restriction: Nil

REASONS FOR DECISION 1. Ms Jae Hee Choi applies to NCAT seeking that the decision made by the Tribunal (SM Molony) on 14 August 2019 (the subject decision) be set aside under reg 9 of the Civil and Administrative Tribunal Regulation 2013 (NSW). 2. Reg 9 states: 9 Additional power to set aside or vary decision determining proceedings (1) In addition to any power that is expressly conferred on the Tribunal by the Act or enabling legislation to set aside or vary its decisions, the Tribunal may order that a decision it has made that determines proceedings be set aside or varied in either of the following circumstances: (a) if all of the parties to the proceedings have consented to the making of the order to set aside or vary the decision, (b) if the decision was made in the absence of a party and the Tribunal is satisfied that the party's absence has resulted in the party's case not being adequately put to the Tribunal. 1. For the reasons that follow, I have decided not to set aside the subject decision.