Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 8 Hearing dates: 26 November 2019 Date of orders: 17 January 2020 Decision date: 17 January 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Procedural directions as set out in these reasons. (2) A hearing of the substantive appeal is dispensed with. (3) The Respondent's application for A Suthers, Principal Member, to recuse himself for apprehended bias is refused. Catchwords: PRACTICE AND PROCEDURE - bias - whether appeal hearing should be dispensed with and appeal determined 'on the papers' without an oral hearing

PRACTICE AND PROCEDURE – allegation of bias – application for recusal of member conducting call-over Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: Department of Communities and Justice (Appellant) Peter Zonnevylle (Respondent) Representation: Solicitors: Crown Solicitor (Appellant) Respondent (Self Represented) File Number(s): AP 19/51762 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 215 Date of Decision: 22 October 2019 Before: D Robertson, Senior Member File Number(s): 2018/00356297