Department of Education v Zonnevylle [2020] NSWCATAD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Department of Education v Zonnevylle [2020] NSWCATAD 96 Hearing dates: 11 April 2019 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: 1. Pursuant to s.110(1) of the Government Information (Public Access) Act 2009 (Act) Peter Zonnevylle is not permitted to make an access application under the Act to an agency listed in paragraph 2 without first obtaining the approval of the Civil and Administrative Tribunal of New South Wales. 2. The order in paragraph 1 is limited by reference to: (a) Department of Education; (b) Department of Finance, Services and Innovation; (c) Department of Justice; (d) every other agency, insofar as an application requests government information concerning the operation, administration or personnel of any agency carrying out the functions of an agency listed in (a) – (c), regardless of machinery of government changes. Catchwords: ADMINISTRATIVE LAW – FOI – access applications -application for restraint order under section 110 – exercise of discretion - held conduct of person making applications justified the making of a restraint order-order made. Legislation Cited: Civil and Administration Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: CEU v University of Technology Sydney; University of Technology Sydney v CEU [2019] NSWCATAD 11 CEU v University of Technology Sydney [2020] NSWCATAP 37 Esber v The Commonwealth (1991) 174 CLR 430 Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 68 Maxwell v Murphy (1957) 96 CLR 261 Palerang Council, Queanbeyan City Council and Goulburn Mulwaree Council v Powell [2015] NSWCATAD 44 Pittwater Council v Walker [2015] NSWCATAD 34 Port Stephens Council v Webb [2017] NSWCATAD 341 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATOD 191 Re a Solicitor's Clerk [1957] 1 WLR 1219 Re Zimmax Co Pty Ltd v Collector of Customs, New South Wales (1979) 2 ALD 120 Robertson v City of Nunawading [1973] VR 819 at 824 Walker v Pittwater Council [2016] NSWCATAD 78 Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81 Zonnevylle v Department of Education and Communities [2015] NSWCATAD 10 Zonnevylle v NSW Department of Finance and Services [2015] NSWCATAD 175 Zonnevylle v NSW Department of Finance and Services [2016] NSWCATAD 47 Zonnevylle v NSW Department of Education and Communities [2016] NSWCATAD 49 Zonnevylle v Department of Education [2017] NSWCATAD 101 Zonnevylle v Department of Education [2017] NSWCADAT 214 Zonnevylle v NSW Department of Finance, Services and Innovation [2017] NSWCATAD 186 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Zonnevylle v Department of Justice [2018] NSWCATAD 158 Zonnevylle v Minister for Education [2019] NSWCATAD 28 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Texts Cited: (Second Reading Speech, Government Information (Public Access) Amendment Bill 2018, Legislative Council, 20 November 2018 (the Hon Scott Farlow)) Category: Principal judgment Parties: Department of Education (Applicant) Peter Zonnevylle (Respondent) Information Commissioner (Intervenor) Representation: Counsel: T Brennan (Applicant)