Zonnevylle v NSW Department of Justice [2019] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v NSW Department of Justice [2019] NSWCATAD 215 Hearing dates: 26 April 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: D Robertson, Senior Member Decision: (1) Save in respect of sub-clause 10(c)(xiii) of the list of categories of documents sought, set aside the decision that the applicant's application lodged on 31 August 2018 was not a valid access application. (2) In substitution for that decision, confirm that, apart from sub-clause 10(c)(xiii) of the list of categories of documents sought, the applicant's application lodged on 31 August 2018 is a valid access application. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) – decision that application not a valid access application because one clause did not contain such information as was reasonably necessary to enable the government information applied for to be identified – whether failure to provide sufficient information in one severable portion of an application renders the whole application not a valid access application – application may be valid in part and invalid in part Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information Public Access Act 2009 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 68 Rosser v Healthcare Complaints Commission [2014] NSWCATAD 24 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 222 Zonnevylle v Department of Education and Communities [2016] NSWCATAD 49 Zonnevylle v Department of Justice [2018] NSWCATAD 158 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Texts Cited: None cited Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Department of Justice (NSW) (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00356297 Publication restriction: Nil