ADMINISTRATIVE LAW − privacy – jurisdiction of NSW Civil and Administrative Tribunal to review conduct of Ombudsman and officers of Ombudsman − effect of 35A of Ombudsman Act 1974 (NSW)
ADMINISTRATIVE LAW – access to government information – extension of time to file application –jurisdiction of the Tribunal - whether information is held by the agency – “government information”
ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category AB firearms licence – criminal offending - traffic offences – drug use and rehabilitation - mental health – fit and proper person – public interest
MERITS REVIEW – NSW State taxes - revenue law – exemptions - onus – lack of objective evidence - credibility of the applicant as his sole witness – no reasons given for not calling other witness.
ADMINISTRATIVE REVIEW – application for packaged liquor licence – whether premises are a ‘general store’ – meaning of ‘in the neighbourhood’ – whether no other take-away liquor service reasonably available to the public.
EDUCATION and Care Services National Law – Operator approval – Fit and proper – whether applicant possesses sufficient knowledge skill and experience to be considered fit and proper- whether application and assessment process was unfair – merits review
Judgment of
J McAteer, Senior Member
Dr F Duffy, Senior Member
ADMINISTRATIVE LAW — Freedom of information — Access to information — administrative review of decision under Government Information (Public Access) Act 2009 — whether reasonable searches undertaken for information responsive to access application — burden of proof that reasonable searches undertaken on agency — whether public interest considerations against disclosure made out — burden on agency to demonstrate each public interest consideration against disclosure relied on — no such burden on access applicant.
ADMINISTRATIVE REVIEW - Privacy and Personal Information Protection Act – jurisdiction only to review conduct which is subject of internal review application – meaning of “collection” – meaning of “use” - whether information used for a purpose directly related to the purpose for which it was collected – whether information disclosed for a purpose which is directly related to the purpose for which it was collected
ADMINISTRATIVE LAW – administrative review – Government information – whether the Tribunal should exercise a discretion to make non-publication orders that were not sought prior to the determination of the application for administrative review
ADMINISTRATIVE LAW - government information – whether documents are excluded information of the Health Care Complaints Commission that is conclusively presumed to be subject to an overriding public interest against disclosure within the meaning of the Government Information (Public Access) Act 2009 (NSW) – whether the application for access to documents should be refused on the basis that there is an overriding public interest against their disclosure as compromising the complaint handling process of the Respondent within the meaning of the Government Information (Public Access) Act 2009 (NSW)
HUMAN RIGHTS – discrimination – on the ground of a person’s race – on the ground of a person’s gender - direct discrimination - provision of goods and services – police investigate alleged incidents of damage to vehicle and abusive behaviour – issue of infringement notice – alleged failure to respond to complaints and requests for assistance – conduct of an investigation - expert evidence as to ‘structural racism’ – making of inferences
Judgment of
L Andelman, Senior Member
J Herberte, General Member
ADMINISTRATIVE LAW — firearms –– objects of legislation — public interest — public safety — PTSD — no evidence of self harm — no evidence of threats of violence to self or others — no evidence of violence to others — not contrary to public interest for the licensee to continue to hold a Firearms Licence
TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Liability TAXES AND DUTIES – Land tax – Surcharge land tax – Joint ownership TAXES AND DUTIES – Land tax – Surcharge land tax – Exemptions – Principal place of residence
CONSTITUTIONAL LAW (Cth) – Whether the Tribunal has jurisdiction to hear and determine complaint – federal jurisdiction - where respondent raised constitutional claim of implied freedom of communication on political matters – whether s38S of the Anti-Discrimination Act 1977 imposes an unjustified burden on the implied freedom of political communication – whether the respondent’s claim was genuinely raised – whether the respondents’ claim was not capable on its face of legal argument. HUMAN RIGHTS – Transgender vilification.
ADMINISTRATIVE LAW — child protection — working with children — risk to children whether risk real and appreciable — allegations — circumstances of allegations — weight of evidence of risk — current risk — expert evidence — future risk — whether sufficient time to rehabilitate — risk elevating factors
ADMINISTRATIVE LAW — administrative review — government information — excluded information – conclusive presumption of an overriding public interest against disclosure - protected information — balancing the public interest considerations in favour of disclosure and against disclosure
ADMINISTRATIVE LAW — tow truck operators licence — close associate — assault conviction — fit and proper person to hold a tow truck operators licence — public interest
ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category AB firearms licence – alleged violent behaviour - alleged provision of false and misleading information in licence application – public interest
PRACTICE AND PROCDURE---Summary dismissal of proceedings---Whether proceedings are frivolous, vexatious, misconceived or lacking in substance HUMAN RIGHTS---Discrimination---Disability---Education---Denying or limiting access to a benefit---Subjecting to a detriment
Administrative Law – land tax – whether primary production exemption applied – whether land was used for the maintenance of horses for the purpose of selling them, their natural increase or bodily produce
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 – administrative review of a reviewable decision – administrative review of conduct of the agency – disclosure of personal and health information – security safeguards
HUMAN RIGHTS – discrimination – on the ground of a person’s disability - on the grounds of homosexuality – direct discrimination – indirect discrimination – goods and services - victimisation
Judgment of
L Andelman, Senior Member
Dr M Murray, General Member
LICENSING – firearms licensing – licence revocation – want of jurisdiction – licence expired – public interest – possible suicidal ideation – mental health history not disclosed.
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – insight - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk –– future risk – evidence of behaviour that caused harm to children
Judgment of
J McAteer, Senior Member (Legal)
Prof P J Foreman AM General Member (Community)
ADMINISTRATIVE LAW — administrative review — government information — allegations of improper conduct — personal information not sought — irrelevant information not sought — legal professional privilege — waiver of privilege — conclusive presumption against disclosure
LICENSING – firearms – domestic circumstances allegations of domestic violence by close family member – incorrect statement in application renewals – public interest – circumstances for imposition of a condition
ADMINISTRATIVE LAW – merits review – access to government information – decision of the public sector agency that the information for which the applicant sought access was not held by the agency – reasonableness of searches for the information sought
ADMINISTRATIVE LAW – administrative review - government information – conclusive presumption against disclosure – client legal privilege – confidential information – personal information – effective exercise of agency’s functions – deliberative process – whether overriding public interest against disclosure.
ADMINISTRATIVE LAW – child protection – out of home care – application for review of decision to remove children from care of authorised carer – reliability of comparative assessment report – cultural assessment – kinship placement – Aboriginal children in out of home care – restoration of children
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether overriding public interest against disclosure – prejudice the effective exercise by an agency of the agency’s functions – endanger or prejudice any system or procedure for protecting the life, health or safety of a person – expose a person to a risk of harm or serious harassment or serious intimidation.
ADMINISTRATIVE LAW – administrative review – Government information – whether the Tribunal ought to recuse itself on the ground of apprehended bias – Whether information sought in the applicant’s request is held by the respondent.
ADMINISTRATIVE LAW — administrative review — government information — protected information — balancing the public interest considerations in favour of disclosure and against disclosure — protected information
ADMINISTRATIVE LAW – Privacy – application by the respondent for summary dismissal of the applicant’s administrative review application and interim order application – whether the applicant’s application for review identified a relevant administratively reviewable decision (conduct) of the respondent – whether the applicant’s formal request for amendment was an internal review request
ADMINISTRATIVE LAW – administrative review – Government information – confidential information - balancing the public interest considerations in favour of disclosure and against disclosure
ADMINISTRATIVE REVIEW – criminal and other history – mental health concerns – attitude towards police - whether in the public interest for the applicant to hold a firearms licence
Administrative Law – licensing - firearms licence – refusal of application – mental health – accuracy of information in licence application - public interest
HUMAN RIGHTS - discrimination - equal opportunity — victimisation – previous proceedings - leave required for complaint to proceed — whether complaint lacking in substance - principles applying to grant of leave
HUMAN RIGHTS – Discrimination – equal opportunity – provision of services - age discrimination - disability discrimination – direct or indirect – victimisation - leave required for complaint to proceed – principles applying to grant of leave
PRACTICE AND PROCEDURE – Appropriate orders where claim involves federal jurisdiction - summary dismissal of proceedings under s 55(1)(b) of the Civil and Administrative Act 2013 HUMAN RIGHTS – Transgender vilification –aiding and abetting CONSTITUTIONAL LAW (Cth) – Whether Tribunal has jurisdiction to hear and determine complaint – federal jurisdiction - where respondents raised constitutional claim of implied freedom of communication on political matters – whether s38S of the Anti-Discrimination Act 1977 imposes an unjustified burden on the implied freedom of political communication – whether the respondents’ claim was genuinely raised – whether the respondents’ claim was not capable on its face of legal argument.
LICENSING - firearms ––licence revocation –genuine reason - safety and storage – whether or not in the public interest for applicant to hold a licence.
ADMINISTRATIVE LAW — access to government information — whether, on balance, the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure
TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Liability TAXES AND DUTIES – Land tax – Surcharge land tax – Exemptions – Principal place of residence
ADMINISTRATIVE LAW - merits review - NSW Trustee and Guardian - management of estate of person with a disability - Trustee’s decision to sell former family residence - objection by some family members - proposal for “reverse-mortgage” arrangement - principle of preservation of estate - Trustee’s duty to act in protected person’s welfare and interests and related principles including views of the person: NSW Trustee and Guardian Act, section 39
Administrative Law - licensing - firearms - revocation of licence - mental health - living or domestic circumstances - fit and proper person - public interest
ADMINISTRATIVE LAW – Government Information - refusal to deal with an access application – unreasonable and substantial diversion of agency resources – agency already decided a previous application that substantially overlapped with the information sought
ADMINISTRATIVE LAW – NDIS Worker Checks - child protection –risk of harm - whether risk real and appreciable– risk of harm likely or significant– weight of evidence of risk – current risk
LICENSING – combat sports – combatant certificate – refusal of registration – criminal history – applicant’s health and safety interests – certificate of fitness.
TAXES AND DUTIES — Land tax — Surcharge land tax — holds land on trust — discretionary trust — foreign persons not excluded as beneficiaries under the terms of the trust deed — effect of a deed of rectification
ADMINISTRATIVE LAW – firearms licence – Special Condition – storage of firearms – whether family member poses real and appreciable risk – domestic violence
ADMINISTRATIVE REVIEW – contraventions of safe storage requirements – whether in the public interest for the applicant to hold a firearms licence – whether applicant a fit and proper person
ADMINISTRATIVE LAW- Merits review- Guardianship- Public Guardian- decision to refuse to appoint independent advocate for person under guardianship- principles in Guardianship Act 1987, section 4 (a) - welfare and interests of person to be given paramount consideration – decision under review the correct and preferable one- decision affirmed. EVIDENCE - relevance - inferences- Jones v Dunkel inference- availability in Tribunal proceedings- Civil and Administrative Tribunal Act 2013, section 38 (2).
ADMINISTRATIVE LAW – application by the respondent administrator for an order under s 59 of the Administrative Decisions Review Act 1997 (NSW) – order sought in respect of an unredacted copy of documents that contain confidential material in circumstances where, if an application were made, it would be appropriate to make an order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting or restricting the publication or disclosure of evidence of those documents ADMINISTRATIV LAW – application for non-publication and non-disclosure orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)
ADMINISTRATIVE REVIEW - firearms – refusal of licence – AVO – history of aggression – safe storage – suspensions - attitude towards police - public safety – whether a fit and proper person – continuous and responsible control of firearms – whether of intemperate habits – whether of unsound mind – public interest.
ADMINISTRATIVE LAW – administrative review – Government information – failure of the applicant to appear at the hearing – matter determined in the absence of the applicant - whether overriding public interest against disclosure - confidential information - information provided in confidence
PRACTICE AND PROCDURE – application by respondent to dismiss application on the basis that under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) on the basis that the Tribunal does not have jurisdiction to hear and determine the applicant’s substantive application.
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether information is held by the agency – public interest considerations against disclosure – prejudice any person’s legitimate business, commercial, professional or financial interests
LICENSING – firearms – husband and wife – wife’s licence revoked – son with mental health issues – absence of current evidence - condition imposed on husband’s licence
ADMINISTRATIVE LAW — Government Information (Public Access) Act 2009 — Grounds for refusing access — Balancing competing public interest factors for and against disclosure EVIDENCE — Privileges — Parliamentary privilege — Admissibility of transcript of a parliamentary committee – admissible only as proof of what was said CIVIL PROCEDURE — Implied undertakings — Documents to which applies — Documents produced under compulsion – whether documents lodged pursuant to Administrative Decisions Review Act 1997 (NSW), s 58 are documents produced under compulsion
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – whether information publicly available to applicant - whether information is held by the agency
ADMINISTRATIVE REVIEW – Health Records and Information Privacy Act 2002 (NSW) – inquiry into a complaint made to the Privacy Commissioner PRACTICE AND PROCEDURE – whether the Tribunal ought to recuse itself on the ground of apprehended bias – proper respondent – joinder of a respondent party – whether proceedings should be adjourned – whether leave should be refused for the respondent to be represented – whether a person should be compelled to appear as a witness
TAXES AND DUTIES- taxation administration -reassessment of tax liability of taxpayer - s 5D of the Land Tax Act 1956 (NSW) – reassessment made on a reconsideration of the terms of an amending deed to the trust. ADMINISTRATIVE LAW- Review of decision
TAXES AND DUTIES — stamp duty concession — whether s 55 applies — statutory construction —whether an agreement to transfer dutiable property is a transfer of dutiable property — whether s 55 applies only to resulting trusts —whether beneficiary of self managed superannuation fund is the real purchaser and the superannuation fund is the apparent purchaser — stamp duty exemption — whether s 65(10) applies
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – whether information sought is ‘excluded information’ – whether information is not held by the agency PRACTICE AND PROCEDURE – whether hearing should be adjourned – whether the Registrar should be directed to issue a Summons compelling a person to attend the hearing to give evidence – whether a non-publication order should be made.
ADMINISTRATIVE LAW MERITS REVIEW - where NSW Trustee and Guardian decided to approve the sale of a property of a person who is the subject of a financial management order where the son, who lives in the property, disagreed with the decision to sell the property – paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision
ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – refusal to deal with an access application – unreasonable and substantial diversion of agency resources – agency already decided a previous application for the information
ADMINISTRATIVE REVIEW – Combat Sports Act 2013 – application for renewal of registration as a combatant in the amateur boxing registration class – ‘fit and proper person’ – criminal offences
ADMINISTRATIVE LAW – administrative review - government information – whether, on balance, the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure – decision that no further information is held by the agency – reasonableness of searches for the information sought. EVIDENCE – Surveillance Devices Act 2007 – unauthorised recording – discretion to admit. PRACTICE AND PROCEDURE - discretion to extend time – relevant considerations.
ADMINISTRATIVE LAW – application for an extension of time within which to lodge an application for administrative review – extension of time granted TAXES AND DUTIES – review of a re-assessment of a first home duty exemption or concession
ADMINISTRATIVE LAW – Government Information – access – sufficiency of search - personal information – whether overriding public interest against disclosure.
TAXES AND DUTIES- Surcharge purchaser duty- Chief Commissioner’s decision not further to remit or reduce penalty tax and not to remit interest which comprised market rate and premium components -no exceptional circumstances out of the control of taxpayer- reasonable care not taken by representative of taxpayer.
LICENSING – firearms licensing – revocation of licence – domestic arrangements – association with person under prohibition orders and with criminal history – licence condition.
ADMINISTRATIVE LAW – administrative review – Victims rights and support – family victim - eligibility for victims support - act of violence that apparently occurred in the course of the commission of a homicide – behaviour (including past criminal activity), attitude or disposition of the primary victim directly and/or indirectly contributed to their death – reduction of amount of victims support approved
ADMINISTRATIVE LAW – administrative review – Victims rights and support – family victim - eligibility for victims support - act of violence that apparently occurred in the course of the commission of a homicide – behaviour (including past criminal activity), attitude or disposition of the primary victim directly and/or indirectly contributed to their death – reduction of amount of victims support approved
ADMINISTRATIVE LAW – administrative review – Victims rights and support – family victim - eligibility for victims support - act of violence that apparently occurred in the course of the commission of a homicide – behaviour (including past criminal activity), attitude or disposition of the primary victim directly and/or indirectly contributed to their death – reduction of amount of victims support approved
Human Rights – discrimination – disability discrimination – indirect – condition or requirement – denying or limiting access to a benefit – subjecting to detriment – education
Judgment of
HJ Dixon SC, Senior Member
E Hayes, General Member
Costs – special circumstances established – claims unsupported by evidence – claims lacking merit – large volume of materials with no or marginal evidentiary value
Administrative law – administrative review of a reviewable decision – Privacy and Personal Information Protection Act 1998 – Health Records and Information Privacy Act 2002 (NSW) – Federal diversity jurisdiction – applicant is a resident of another state – respondent is an entity of the State of New South Wales - Tribunal lacks jurisdiction to determine the claim for damages under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 as this would involve an exercise of judicial power – claim for damages withdrawn and dismissed
TAXES AND DUTIES- land tax- interest- remission. Chief Commissioner’s decision not to remit either market rate component or premium component - default not outside taxpayer’s control- No Revenue NSW fault-reasonable care not taken by taxpayer. TAXES AND DUTIES- land tax- liability- assertions of unfairness, unreasonableness. EVIDENCE- documentary evidence- administrator’s obligation to produce documents: Administrative Decisions Review Act 1997, section 58- relevance of any document a matter for the administrator.
ADMINISTRATIVE REVIEW - firearms – revocation of licence – domestic violence - traffic infringements – traffic offences – character – fit and proper person - public interest
ADMINISTRATIVE LAW – Government Information – access – sufficiency of search - personal information - confidential information that facilitates the effective exercise of an agency's functions - information provided to an agency in confidence – conclusive presumption against disclosure - whether overriding public interest against disclosure.
ADMINISTRATIVE LAW – administrative review - Government Information – conclusive presumption –legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure
EQUAL OPPORTUNITY – whether the Applicant was victimised for making complaints of racial discrimination contrary to s 50 of the Anti-Discrimination Act 1977 (NSW) – whether the Applicant suffered racial discrimination at work at the hands of the Respondent
Judgment of
Dr R Dubler SC, Senior Member
S Davison, General Member
LICENSING – responsible service of alcohol – revocation of competency card – disqualification from holding competency card – definition of intoxicated - whether sale or supply to an intoxicated person – contravention of disqualification order.
ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — application made out of time — land tax — application for extension of time — exercise of discretion TAXES AND DUTIES — land tax — owner of land — equitable owner — constructive trust or resulting trust — principal place of residence exemption — use and occupation
LICENSING – firearms licensing – licence revocation – fit and proper person – public interest – mental health – suicidal ideation – psychologist’s evidence.
ADMINISTRATIVE LAW-application under section 28 Child Protection (Working with Children) Act 2012 - refusal by Children’s Guardian in relation to a disqualified person - where paramount concern is protecting children from child abuse - onus of proof in an enabling order application under section 28 - whether finding on the balance of probabilities is able to be made - whether there is an unacceptable risk of harm – whether a real and appreciable risk is posed by the applicant to the safety of children.
ADMINISTRATIVE LAW – administrative review of decision to suspend accreditation of an assessor – high risk work licence – basic scaffolding – non compliance with conditions
ADMINISTRATIVE LAW-application under section 28 Child Protection (Working with Children) Act 2012 - refusal by Children’s Guardian in relation to a disqualified person - where paramount concern is protecting children from child abuse - onus of proof in an enabling order application under section 28 - whether finding on the balance of probabilities is able to be made - whether there is an unacceptable risk of harm – whether a real and appreciable risk is posed by the applicant to the safety of children.
Judgment of
M Anderson, Senior Member
K Stubbs, General Member
ADMINISTRATIVE LAW — Children (Education and Care Services) National Law (NSW) — decision to cancel provider approval by the regulatory authority — stay sought — relevant principles — stay granted on conditions.
ADMINISTRATIVE LAW – administrative review – alleged breach of privacy – attempt to join parties as respondents prior to hearing by way of a General Application – application misconceived – No application for joinder - existing application cannot be heard “in conjunction” with proceedings against another party that have not yet commenced
ADMINISTRATIVE REVIEW – Licensing – Firearms – Refusal to issue category AB firearms licence – Whether reasonable cause to believe applicant may not personally exercise continuous and responsible control over firearm because of way of living or domestic circumstances and close associations – When applicant himself is of good character and has no criminal record – Whether issuing licence would be contrary to the public interest
ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure
ADMINISTRATIVE REVIEW - Privacy and Personal Information Protection Act – application for dismissal under s 55 Civil and Administrative Tribunal Act 2013 (NSW)
TAXES AND DUTIES – Dutiable transfers – Exemptions – First Home Buyers Assistance Scheme – Principal place of residence – Occupation as a principal place of residence for a continuous period of at least 6 months
ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — whether information requested is government information held by an agency.
ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure.
MERITS REVIEW - REVENUE LAW – jurisdiction of the Tribunal - onus – surcharge land tax on residential land – foreign person – effect of submissions without supporting evidence or relevant authority.
ADMINISTRATIVE REVIEW – application for firearms licence – charges of failing to store firearms and ammunition safely – contraventions of firearms legislation - whether not in the public interest for applicant to hold a licence
PRACTICE AND PROCEDURE – Summary dismissal of proceedings under s 55(1)(b) of the Civil and Administrative Act 2013 – whether the applicant’s discrimination claims are misconceived or lacking in substance HUMAN RIGHTS – Sexual harassment – educational institution – provision of goods and service - aiding and abetting – liability of principals and employers
ADMINISTRATIVE LAW – administrative review – Government information - whether overriding public interest against disclosure – personal information of a third party
HUMAN RIGHTS – discrimination – pregnancy – carer responsibilities - direct and indirect discrimination – condition or requirement – failure to offer employment following expiry of short, fixed term contracts
Judgment of
H J Dixon SC, Senior Member
M Maher, General Member
REVENUE- Payroll tax- Grouping of employers- business groups- real estate industry- discretion in Chief Commissioner to “de-group”: Payroll Tax Act 2007, section 79- whether discretion properly exercised. REVENUE- Payroll tax- taxable wages- where each recipient had a connection with member or members of group-whether each recipient an employee - whether payments taxable wages for purposes of the Payroll Tax Act 2007, Part 2, Division 2- whether payments exempt – proper identification of persons under consideration- whether person under consideration ordinarily performs services of that kind to the public generally in relevant financial year.
TAXES AND DUTIES – land tax – principal place of residence exemption – onus of proof - surcharge land tax – whether Applicant a foreign person – whether Applicant ordinarily resident – Applicant not in Australia during 200 or more days – reasons for absence – no discretion – presence in Australia subject to a limitation as to time imposed by law -remission of interest
PRACTICE AND PROCEDURE – s 45 of the Civil and Administrative Tribunal Act – exercise of the Tribunal’s discretion to permit or refuse leave to a lay advocate to appear for a party
LICENSING – firearms licensing – licence revocation – fit and proper person – public interest – applicant trained for jihad in Australia and Al Qaeda camp in Afghanistan – Soviet-era history – “Jihad Jack” -- served at front in civil war – falsified visa on passport – antiterrorism charges – effluxion of time – media interviews – public confidence in licensing system
ADMINISTRATIVE REVIEW – application for firearms licence – prior charge of failing to store firearms safely – whether not in the public interest for applicant to hold a licence
ADMINISTRATIVE LAW – administrative review – Government information – reasonable searches –excluded information of an agency – no consent to disclosure by the agency – conclusive presumption that there is an overriding public interest against disclosure
ADMINISTRATIVE LAW – Victims rights and support - Recognition – assault – Failure to apply for internal review – Jurisdiction – Whether the applicant suffered grievous bodily harm
ADMINISTRATIVE LAW – Government Information (Public Access) Act – GIPA – Decision that information not held – Decision that information publicly available – Decision to refuse to deal with application – Remittance to the agency
ADMINISTRATIVE LAW – access to government information – applicant subject to a 2015 restraint order under s 110(1) of the Government Information (Public Access) Act 2009 that restrains him from making an access application without the approval of the Tribunal – application of the applicant to make an access application to the respondent – application refused on the grounds the application lacks merit, is misconceived and is lacking in substance
ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category ABH firearms licence – genuine reason for having a licence – alleged aggressive behaviour and failure to store firearms safely – fit and proper person - public interest and public safety
ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – Trustee and Guardian - interests and welfare of protected person – whether to sell the protected persons property.
ADMINISTRATIVE LAW – administrative review - Government Information – whether there is an overriding public interest consideration against disclosure - balancing the public interest
ADMINISTRATIVE REVIEW – application for firearms licence – whether not in the public interest for applicant to hold a licence – whether applicant has a mental illness – whether false and misleading information provided to the Commissioner – genuine belief of applicant
ADMINISTRATIVE LAW – Child Protection – Children (Education and Care Services) National Law – cancellation of provider approval – Whether the applicant did not operate any education and care service for a period of more than 12 months – Whether cancellation decision should be confirmed as a matter of discretion
BIRTHS, DEATHS AND MARRIAGES – application to correct the register – death certificate – whether births shown on death certificate were applicant’s brothers or half-brothers
Administrative Law – administrative review – Civil and Administrative Tribunal – no jurisdiction to administratively review decisions made under the Technical and Further Education Commission Act 1990 Anti-Discrimination – Civil and Administrative Tribunal – no jurisdiction to consider complaint without a referral under s 95 of the Anti-Discrimination Act 1977
ADMINISTRATIVE LAW – administrative review – Government information - whether overriding public interest against disclosure - confidential information – expectation of confidentiality
TAXES AND DUTIES -Land tax – Surcharge land tax – Applicant holds land on trust – discretionary trust – whether, during the relevant land tax years, foreign persons were excluded as a beneficiary under the terms of the trust deed
ADMINISTRATIVE LAW – Education Act – home schooling – registration – whether part-time home schooling registration permitted – whether requirements in key learning areas satisfied.
HUMAN RIGHTS – interim order – s105 Anti-Discrimination Act 1977 – status quo – balance of convenience – abandonment of employment policy – no irreputable damage – preservation of rights
TAXES AND DUTIES – Land tax – Liability – Exemptions – Principal place of residence – Adjoining lots – Whether access is readily available between the lots in accordance with legislative requirements – Whether the site of a single residence – Whether a residence without an Occupancy Certificate is capable of being used for separate occupation
TAXES AND DUTIES – application for order extending time for filing application – relevant principles – principal place of residence exemption – adjoining properties – whether properties physically undivided – whether properties undivided in occupation and use
ADMINISTRATIVE REVIEW – Privacy – application for summary dismissal – frivolous or vexatious or otherwise misconceived or lacking in substance – dismissal application refused
TAXES AND DUTIES -Land tax – Surcharge land tax – applicant holds land on trust – discretionary trust – whether, during the relevant land tax years, foreign persons were excluded as a beneficiary under the terms of the trust deed
ADMINISTRATIVE LAW – administrative review - government information – confidential information – personal information – secrecy provision – effective exercise of agency’s functions - whether overriding public interest against disclosure
TAXES AND DUTIES - land tax - principal place of residence exemption – whether order granting an extension of time for lodging application should be made – prospects of success – land not used and occupied at relevant taxing date as principal place of residence – intended principal place of residence – land not unoccupied at relevant taxing date
HUMAN RIGHTS – victimisation – whether applicant was subjected to detriment on the ground that the applicant made allegations – s50(1)(c) of the Anti-Discrimination Act 1977 (NSW)
Judgment of
L Andelman, Senior Member
S Davison, General Member
ADMINISTRATIVE REVIEW – application for firearms licence – criminal and traffic history – whether applicant a fit and proper person – whether not in the public interest for applicant to hold a licence
ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest –– ability to exercise continuous control of firearms – fit and proper person – mental health – candour