Fearnley v Health Care Complaints Commission [2020] NSWCATAD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fearnley v Health Care Complaints Commission [2020] NSWCATAD 30 Hearing dates: On the papers Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The Tribunal will: (1) refuse to deal further with the application for administrative review under s 109 of the GIPA Act because it is misconceived and lacking in substance; and (2) dismiss that application for administrative review under s 55(1)(b) of the CAT Act because it is misconceived and lacking in substance. Catchwords: ADMINISTRATIVE LAW — Freedom of information — Access to information – application for Tribunal to refuse to deal with administrative review application under s 109 of the Government Information (Public Access) Act 2009– access application seeking access to excluded information – access application invalid - Tribunal refused to deal with and dismissed administrative review application Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Strata Schemes Management Act 1996 Cases Cited: Assal v Department of Health Housing and Community Services, (1992) EOC 92-409 Attorney-General v Wentworth (1988) 14 NSWLR 481 Attorney-General [2011] NSWADT 59 Alchin v Rail Corporation NSW [2012] NSWADT 142 Ballarto Pastoral Pty Ltd v Department of Primary Industries [2006] VCAT 478 BDK v Department of Education and Communities [2015] NSWCATAP 129 Gauci v Kennedy [2006] FCA 869 Keogh v Higgins (Civil Claims) [2014] VCAT 1256 Kyriakidis v State of Victoria (Human Rights List) [2014] VCAT 1039 Margan v University of Technology, Sydney [2003] NSWADTAP 65 McDonald v Central Coast Community Legal Centre [2008] NSWADT 96 Owners Corporation of Strata Plan 4521 v Zouk & Anor [2007] NSWCA 23 Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD Rana v University of South Australia [2004] FCA 559 Rosser v Health Care Complaints Commission [2014] NSWCATAD 214 Sinclair v Psychology Council [2017] NSWCATAD 8 Stanborough v Woolworths Ltd [2005] NSWADT 203 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 The Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd Category: Procedural and other rulings Parties: Scott Fearnley (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: A Flecknoe-Brown (Respondent)