Saleam v Sydney Local Health District [2020] NSWCATAD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saleam v Sydney Local Health District [2020] NSWCATAD 77 Hearing dates: On the papers Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) The application to extend the time for making of the application for review of the decision made by the respondent on 21 August 2019 under the Government Information (Public Access) Act 2009 (NSW) is refused. (2) The application for review of the decision made by the respondent on 21 August 2019 under the Government Information (Public Access) Act 2009 (NSW) is dismissed. (3) If the respondent wishes to apply for costs of these proceedings: (a) the respondent may, no later than 7 days after publication of these reasons, file with the Tribunal and serve on the applicant any submissions on costs and on whether the application for costs should be dealt with on the papers without an oral hearing; (b) (the applicant, if he wishes to oppose the application for costs may, no later than 14 days after publication of these reasons, file with the Tribunal and serve on the respondent any submission on costs and on whether the application should be dealt with on the papers without an oral hearing; (c) the respondent may, no later than 21 days after publication of these reasons, file with the Tribunal and serve on the applicant any submissions in reply; (d) any submission served pursuant to paragraphs (a) or (b) above shall be no more than 5 pages and any submission served Catchwords: PROCEDURE – time limits – application under Government Information (Public Access) Act 2009 (NSW) – where application lodged out of time – principles to be applied – whether reasonable excuse for the delay in making the application. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) s 9 Civil and Administrative Tribunal Act 2013 (NSW) ss 35, 41 Government Information (Public Access) Act 2009 (NSW) ss 14, 54, 58, 100, 101, 112A Interpretation Act 1987 (NSW) s 36 Cases Cited: CGU Workers Compensation (NSW) Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 32 Saleam v Registrar, Registry of Births, Deaths & Marriages [2011] NSWADT 254 Thomson v Sydney Trains [2015] NSWCATAD 257 Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 Texts Cited: None cited Category: Procedural and other rulings Parties: James Saleam (Applicant) Sydney Local Health District (Respondent) Representation: Solicitors: Applicant: (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00345950 Publication restriction: Nil