Seremetis v Department of Communities and Justice [2019] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seremetis v Department of Communities and Justice [2019] NSWCATAP 262 Hearing dates: 13 September 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal is dismissed. (3) If either party seeks a costs order the following directions apply: (a) The applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders. (b) The respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders. (c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders. (d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application. Catchwords: ADMINISTRATIVE LAW – government information – CCTV footage of interior of corrections centre – public interest test – balancing exercise – nature of discretionary task – whether tribunal erred in law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Act 1998 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Collins v Urban [2014] NSWCATAP 17 Director-General, Department of Finance and Services v Porter [2014] NSWCATAP 6 Durie v Wollongong City Council [2017] NSWCATAP 148 House v R (1936) 55 CLR 499 McKean v Department of Justice [2016] NSWCATAP 93 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None Category: Principal judgment Parties: Nick Seremetis (Appellant) Department of Communities and Justice (Respondent) Representation: Solicitors: Liveris, Solicitor (Appellant) Office of General Counsel, Department of Communities and Justice (Respondent) File Number(s): AP19/32620 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 118 Date of Decision: 14 June 2019 Before: C Ludlow, Senior Member File Number(s): 2018/00366175