TAXATION AND REVENUE – First Home Owner Grant – residence requirement INTERLOCUTORY PROCEDURE – application for non-publication and to prohibit disclosure of name – whether desirable to make a suppression order
ADMINISTRATIVE REVIEW – reporting obligations for registrable persons under Child Protection Register – whether the Tribunal has the power to exempt reporting obligations – suspension of reporting obligations - summary dismissal – misconceived and lacking in substance
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 — refusal by Children’s Guardian in relation to a disqualified person — applicant pleaded guilty to offence in Victoria — enabling order application under section 28 — whether a real and appreciable risk is posed by the applicant to the safety of children— enabling order made.
Judgment of
J Redfern PSM, Senior Member
Emeritus Prof P Foreman AM, General Member
Applicant seeks enabling order - application for extension of time to lodge application for review of decision to cancel Working With Children Check Clearance - delay of 444 days, no adequate explanation for the majority of the delay
COSTS – special circumstances established – out of the ordinary – not exceptional - s 60 Civil and Administrative Tribunal Act 2013 (NSW) – party/party costs awarded as agreed or assessed – application arguably weak
ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — untested allegations of child sexual assault — confidentiality orders for confidential police documents — whether the applicant poses a risk to the safety of children
ADMINISTRATIVE LAW — reviewable decision — correct and preferable decision — Civil and Administrative Tribunal — merits review LICENCING — firearms — licence - fit and proper person — public interest — public safety - mental health — breaches of legislation — domestic violence
ADMINISTRATIVE LAW — Freedom of information — Access to information — refusal to deal with application for the same information — whether there are no reasonable grounds for believing the agency would make a different decision on an application for the same information — conclusive overriding presumption against disclosure — legal professional privilege — client legal privilege — death of the client — waiver
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – is a complaint personal information in the circumstances – whether there was an unauthorised disclosure under IPP 11 – whether reasonable security safeguards were taken under IPP 5 – systemic issues – damages for distress without a medical certificate
ADMINISTRATIVE LAW – administrative review – assessment - objection – review by Civil and Administrative Tribunal STATE TAXES - land tax - surcharge land tax - exemption - whether exemption under Land Tax Act 1956 applies to surcharge land tax - permanent resident - statutes read and construed together - unfairness
JURISDICTION – disability discrimination – termination of employment - enterprise agreement - whether dispute is a matter that involves federal jurisdiction – dismissal
PRACTICE AND PROCEDURE – summary dismissal of proceedings under s55(1)(b) of the Civil and Administrative Act 2013 – whether the applicant’s discrimination claims are frivolous or vexatious or otherwise misconceived or lacking in substance. HUMAN RIGHTS – discrimination – on the ground of disability – in the provision of goods and services
TAXES AND DUTIES – surcharge purchaser duty – principal place of residence exemption – remission of market rate of interest – remission of premium rate component of interest
ADMINISTRATIVE LAW – Education and Care Services National Law – review of decision to cancel a prohibition notice - assessment of risk – unreasonable risk– protective jurisdiction - correct and preferable decision
ADMINISTRAIVE LAW – child protection – working with children check clearance – enabling order – whether application has discharged his onus to rebut the presumption that he poses a risk to the safety of children
ADMINISTRATIVE LAW – Privacy – Information Privacy Principles – IPP 5 Protection of personal information – IPP 10 Use of personal information – IPP 11 Disclosure of personal information – whether “use” or “disclosure” - Photography of school students – publication of School newsletters – appropriate relief
COSTS – Argument withdrawn by Applicant at hearing following testimony – late notice by Applicant requiring Respondent’s witnesses to attend – procedural history - onus of proof – concession by Applicant – application allowed to extent of Applicant’s concession
REVENUE LAW - State taxes - payroll tax - assessment - objection - appeal REVENUE LAW - penalties - reasonable care -whether tax default due to matters beyond control of taxpayer - remission - Revenue Ruling PTA 036 - Practice Note CPN 024 ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – Children (Education and Care Services) National Law – long day care centre – nominated supervisor – prohibition notice – inappropriate discipline by educator – failure to report to parent - provision of false and misleading information to Regulatory Authority
Judgment of
L Rogers, Senior Member
J Herberte, General Member
LICENSING - firearms - refusal– whether or not it is in the public interest for applicant to hold a licence–fitness and propriety– candour –traffic offences – late renewals of licence
SUMMONS – summons to produce police body worn video footage – footage is protected information under Surveillance Devices Act 2007 – prohibition on use, communication or publication of such information – application to set aside summons – NSW Commissioner of Police v Zurich Australian Insurance Ltd applied – no legitimate forensic purpose – no exception to prohibition on use, communication or publication
TAXES AND DUTIES – transfer duty – purchase of property off the plan - tax default – discretion to remit market and premium interest – exceptional circumstances – reasonable care
Administrative Law - administrative review – Government information – whether subject information is “commercial in confidence” information of a third party - information provided in confidence – confidential evidence - balancing the public interest – correct and preferable decision
ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - objection - appeal – administrative review STATE REVENUE - land tax - exemption - land used for primary production - rural land - dominant use - wine grapes - sale – use for secondary production
HUMAN RIGHTS – racial discrimination alleged in employment – applicant identified as being of Spanish origin – whether the employer terminated the applicant’s employment on the ground of the applicant’s race or nationality or ethnicity
Judgment of
Dr R Dubler SC, Senior Member
J Herberte, General Member
BIRTHS DEATHS AND MARRIAGES – application to correct the register – correction of father’s name on birth certificate – correction of death certificates
INTERLOCUTORY – Stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – application for restoration of care placement pending final determination – consideration of factors
ADMINISTRATIVE LAW – administrative review – approval to remove club licence to new premises –whether decision to impose conditions on licence administrative reviewable – meaning of “in relation to”
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – evidence of behaviour that caused harm to children
Judgment of
J McAteer Senior Member (Legal)
E Hayes General Member (Community)
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - deliberations of government - risk of harm or serious harassment or serious intimidation - endangering security of or prejudice to system or procedure - personal information - client legal privilege ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – combat sports - administrative review – industry participant and promoter registration - grounds for disciplinary action - fit and proper person
ADMINISTRATIVE REVIEW – Firearms Act 1996 – refusal of a Category A firearms licence – fit and proper person - public safety – continuous and responsible control – contact with son with criminal history – Applicant’s traffic record – public interest
ADMINISTRATIVE LAW - privacy - information protection principles - jurisdiction - civil proceedings - reasonable safeguards protecting information - “use” of information ADMINISTRATIVE LAW - reviewable decision - conduct - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW — administrative review of revocation of teacher accreditation under Teacher Accreditation Act 2004 (NSW) — failure to meet professional teaching standards — allegations of bias and unfairness concerning Teacher Improvement Program
TAXES AND DUTIES — Dutiable transactions —Concession from duty under First home buyers assistance scheme — Reassessment — No exercise of discretion - Onus of proof not satisfied
ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – application made out of time – First Home Owners Grant and First Home Buyers Assistance Scheme – application for extension of time – exercise of discretion TAXES AND DUTIES – First Home Owners Grant and First Home Buyers Assistance Scheme – residence requirement – discretion to ease or waive the requirement
ADMINISTRATIVE LAW - combat sports - registration as combatant - fit and proper person - general prohibition order – appropriateness of length of general prohibition order ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - appeal - Civil and Administrative Tribunal
HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) – interim order – complaint of vilification on the basis of homosexuality – no utility in granting interim relief CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings – no jurisdiction
ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — untested allegations of child sexual assault — witnesses not made available for cross-examination — whether the applicant poses a risk to the safety of children
Judgment of
L Bryant, Senior Member
Emeritus Prof P Foreman AM, General Member
HUMAN RIGHTS – discrimination – on the ground of disability and sex – direct and indirect discrimination alleged – whether medical device provided to the applicant – meaning of “provide” – whether the respondent refused to provide medical device to the applicant when product discontinued by US parent.
Judgment of
J Redfern PSM, Senior Member
Dr M Murray, General Member
ADMINISTRATIVE REVIEW – Firearms Act 1996 – revocation of a Category AB firearms licence – fit and proper person - public interest – criminal and traffic offences – victim of shooting – cultivation of cannabis at house owned by Applicant – genuine reasons – incorrect information on licence applications
ADMINISTRATIVE LAW - administrative review -reviewable decision - review by Civil and Administrative Tribunal ADMINISTRATIVE LAW - refusal of working with children check clearance - no conviction - apprehended domestic violence order - evidence - mandatory considerations - offence - reasonable person test - public interest test
Judgment of
EA MacIntyre, Senior Member
P Foreman, General Member
TAXES AND DUTIES – surcharge purchaser duty and surcharge land tax – whether applicant a foreign person at the relevant taxing date in 2019, 2020, 2021 and 2022 – since 2016 the applicant has been the holder of a bridging visa which allowed her to remain in Australia while her application for a permanent visa was being processed – whether the applicant is exempt from surcharge purchaser duty and surcharge land tax
Administrative Law – government information - statutory interpretation – meaning of s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW) – whether Tribunal has jurisdiction to entertain a new application for administrative review of a decision made by the respondent following remittal under s 63(3)(d)
ADMINISTRATIVE LAW – administrative review – Government information – balancing the public interest – confidential evidence - correct and preferable decision
ADMINISTRATIVE LAW – administrative review – Government information – where senior member resigned – reconstitution of Tribunal - alleged improper conduct of the agency – scope of access application – reasonable searches – correct and preferable decision
ADMINISTRATIVE LAW — administrative review of access refusal under Government Information (Public Access) 2009 (NSW) — effect of systemic public interest considerations against disclosure — scope of remittal by Appeal Panel for reconsideration
ADMINISTRATIVE REVIEW – Firearms Act 1996 – refusal of a Category ABH firearms licence – public interest – public safety - firearms charges arising from operation of licensed firearms dealership – treatment of previous findings made by Tribunal
ADMINISTRATIVE LAW – Application for review under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) – Applicant a “disqualified person” – Conviction for offence of commit act of indecency with person 16 years or over contrary to s 61N(2) (repealed) of the Crimes Act 1900 – Presumed to be a risk to the safety of children –Whether the applicant has proven to the contrary – Enabling order granted
ADMINISTRATIVE LAW - privacy - information protection principles - health information - jurisdiction - civil proceedings - “use” of information - “disclosure” of information - information already known - communication of information within agency ADMINISTRATIVE LAW - reviewable decision - conduct - correct and preferable decision - Civil and Administrative Tribunal
REVENUE LAW - State taxes - duties - first home buyer - exemption - residence requirement – time and pattern of occupation - location of personal items - location of home office - lifestyle of home buyer - evidence - proof - balance of probabilities REVENUE LAW - assessment - objection - appeal ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ANTI-DISCRIMINATION – disability discrimination - goods and services – complaint resolution scheme – mental health condition – alleged denial of access to “coping mechanism” and failure to provide support
Judgment of
L Rogers, Senior Member
Dr J Green, General Member
Privacy and Personal Information Protection Act 1998 (NSW); Information Protection Principles (IPPs), Health Records and Information Privacy Act 2002 (NSW); Health Privacy Principles (HPPs); ”person aggrieved”; jurisdiction of Tribunal
ADMINISTRATIVE LAW – privacy – health privacy principles – scope of review – determination of whether alleged conduct occurred – no onus proof – how question of fact to be determined
ADMINISTRATIVE REVIEW – Firearms Act 1996 – revocation of a Category AB firearms licence –continuous and responsible control over firearms – safe storage requirements - requirements to notify Commissioner of change to residential and safe storage address – public interest
ADMINISTRATIVE LAW – application for administrative review of an administratively reviewable decision made under the Government Information (Public) Access Act 2009 (NSW) – application lodged out of time – whether time should be extended
ADMINISTRATIVE REVIEW – review under section 27 Child Protection (Working with Children) Act 2012 - working with children check clearance – Alleged history of family violence including towards child family members - whether Applicant poses a risk to safety of children
ADMINISTRATIVE LAW – Children (Education and Care Services) National Law – provider approval – objects and principles of National Law – whether applicant possesses sufficient skill and knowledge to be considered fit and proper person for purposes of National Law - strict compliance required under National Law – role of merits review tribunal.
Judgment of
Emeritus Prof R Graycar, Senior Member
M Bolt, General Member
TAXES AND DUTIES – Land tax – Exemption – Unoccupied land intended to be the owners’ principal place of residence – Whether the owners are entitled to have their actual use and occupation of other land taken into account for the purposes of the principal place of residence exemption
ADMINISTRATIVE LAW – Administrative review – Government information – Cabinet information – consideration of cl 2(1)(c) Schedule 1 Government Information (Public Access) Act – whether reasonable grounds for agency’s claim
REVENUE LAW – Dutiable transaction - First Home Buyers’ Assistance Scheme - whether applicant met the residential requirement in s76(1) of the Duties Act 1997 (NSW) – occupied – principal place of residence – interest – penalty tax.
ACCESS TO INFORMATION – conclusive presumption against disclosure – excluded information – information “related to the complaint handling and investigative functions of office of the Information Commissioner”
ADMINISTRATIVE LAW –Working with children – apprehended domestic violence orders–firearm and drug offences –children exposed to harm – unsafe child seat restraints – likelihood of repetition – whether applicant poses a real and appreciable risk to the safety of children.
Judgment of
J Redfern PSM, Senior Member
K Stubbs, General Member
ADMINISTRATIVE LAW – person under financial management order – whether gift to grandson should be approved – capacity of person to make gift – relevance of history and other circumstances in absence of capacity
LIQUOR LICENCE– extension to trading hours - overall social impact of licence – weighing positive and negative - community consultation – licence conditions
ADMINISTRATIVE LAW – child protection – working with children – application for an enabling order –applicant is a disqualified person having been convicted of a disqualifying offence (sexual touching) – insight– whether applicant has displaced the statutory presumption that he poses a risk to the safety of children.
ADMINISTRATIVE LAW — Freedom of information — Access to information — Exemptions — Ground for refusing access -- Whether application for access is valid ADMINISTRATIVE LAW — Jurisdictional error ADMINISTRATIVE LAW — Hearing rule — Disclosure — Nature of materials requiring disclosure ADMINISTRATIVE LAW — Hearing rule — Hearing — Adjournment
ADMINISTRATIVE REVIEW – application for firearms licence – previous convictions for drug offences – confidential material provided by respondent - whether applicant fit and proper person – whether in the public interest
VICTIMS Support – Administrative law – act of violence –– whether medical evidence verifies injury-sufficiency of evidence - whether applicant suffered serious bodily injury as a result of the act of violence - limits on beneficial interpretation – whether evidence established on balance of probabilities
ADMINISTRATIVE LAW – administrative review – Government information – legal professional privilege – prior determinations in proceedings between the parties - res judicata and issue estoppel – applicable principles – correct and preferable decision
ADMINISTRATIVE LAW — Freedom of information – Government Information (Public Access) Act 2009 (NSW) – whether request for information intended as an access application – s 41 – mandatory requirements for a valid access application - distinction between access application and informal application for information – no jurisdiction to review decision made with respect to informal application.
TAXES AND DUTIES — Land tax — Liability — concession for unoccupied land intended to be the principal place of residence TAXES AND DUTIES — Administration — Interest — no remission
ADMINISTRATIVE LAW – working with children check clearances – refusal on the grounds that the applicant had been convicted of a disqualifying offence – enabling order sought – criminal offence since repealed and replaced by new provisions – whether conduct ceased to be an offence – whether applicant is a disqualified person – whether Tribunal satisfied that applicant does not pose a risk
Judgment of
J Redfern PSM, Senior Member
E Hayes, General Member
HUMAN RIGHTS – discrimination – on the ground of disability – direct and indirect discrimination alleged – consideration of planning approval by Council - whether unlawful discrimination – discrimination alleged in relation to complaint made –privacy breaches alleged in relation to health information –the provision of services – jurisdiction to deal with privacy breaches alleged
Judgment of
J Redfern, Senior Member
S Davison, General Member
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term ‘could reasonably be expected’ - prejudice to supply of information - prejudice to the effective exercise of agency’s functions - competitive commercial value of information - prejudice to legitimate business, commercial, professional or financial interests ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
TAXES AND DUTIES – Surcharge land tax – Applicant holds land on trust – discretionary trust –amendment to trust deed – interpretation of deed – whether the “no amendment requirement” in s5D(3)(b) of the Land Tax Act 1956 (NSW) was satisfied
PRACTICE AND PROCEDURE – application for dismissal - appropriate orders where claim involves exercise of federal jurisdiction CONSTITUTIONAL LAW (Cth) – Whether Tribunal has jurisdiction to hear and determine complaint –where Respondent raised constitutional defence – s 109 inconsistency - whether defence genuinely raised
PRACTICE AND PROCEDURE – Summary dismissal of proceedings under s 55(1)(b) of the Civil and Administrative Act 2013 – s102 of the Anti-Discrimination Act 1977 - whether the applicant’s discrimination claims are lacking in substance HUMAN RIGHTS – Discrimination on the ground of race – in employment – victimisation
ADMINISTRATIVE LAW – Government information – Access to information – decision to grant access - correct application of public interest test – discharge of onus – confidential information - failure to consult – correct and preferable decision
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term ‘could reasonably be expected’ - personal information -confidential information - prejudice to supply of information - prejudice to the effective exercise of agency’s functions ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
HUMAN RIGHTS – Discrimination – equal opportunity – education - disability discrimination – direct or indirect – race discrimination - leave required for complaint to proceed – principles applying to grant of leave
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – evidence of behaviour that caused harm to children – actual risk – testing of evidence – fairness to a party
Judgment of
J McAteer, Senior Member (Legal)
M Maher General Member (Community)
ADMINISTRATIVE LAW – access to government information – freedom of information – public interest test – public interest considerations in favour of disclosure outweighed by public interest considerations against disclosure
ADMINISTRATIVE LAW - privacy - personal information - information protection principles - collection of information - use of information - disclosure of information - administrative and educative - consent ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – health information — public interest considerations — whether contravention of health privacy principle 7 — same information previously requested and refused under the GIPA Act — previous Tribunal decisions
ADMINISTRATIVE REVIEW – Health Records and Information Privacy Act 2002 (NSW) – request for access (HPP 7) and amendment (HPP 9) - “authorised representative” in respect of child’s health information – effect of Family Court orders - capacity of child – applicable exclusions under the Government Information (Public Access) Act 2009
PRACTICE AND PROCEDURE – access to government information – application lodged out of time – whether the applicant has provided a reasonable excuse for delay
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - - conclusive presumption of an overriding public interest against disclosure - legal professional privilege - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - personal information ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - public interest considerations for disclosure - public interest considerations against disclosure - balance -personal information -revealing information ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - objection - appeal STATE REVENUE - land tax - exemption - land used for primary production - rural land - dominant use - cattle - rental income from residence
REVENUE LAW – Dutiable transaction - First Home Buyers’ Assistance Scheme - whether applicant met the “residential requirement in s76(1) of the Duties Act 1997 (NSW) – occupied – principal place of residence – interest – penalty tax.
ADMINISTRATIVE REVIEW – review of decision to remove child from authorised carer – final orders made by Children’s Court after Tribunal hearing concluded – practical utility in proceeding to determine application – summary dismissal
ADMINISTRATIVE LAW – administrative review – Government information - whether overriding public interest against disclosure - confidential information - information provided in confidence
ADMINISTRATIVE LAW – administrative review – Victims’ rights and support – recognition payment - Grievous bodily harm or actual bodily harm – series of related acts
ADMINISTRATIVE LAW — Access to government information — whether unreasonable and substantial diversion of agency resources — balancing exercise. PRACTICE AND PROCEDURE — request for the issue of summonses — no forensic purpose — request after the final hearing.
CHILD PROTECTION – Refusal of application for working with children check clearance – Offence triggering risk assessment – Whether applicant poses a risk to the safety of children
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - whether “decision made” - whether party “aggrieved” - hearing rule - natural justice ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 (NSW) — Risk assessment due to the presence of records concerning the applicant that were relevant to the safety of children — Criminal record including conviction for indecent exposure in 1977 — Multiple complaints by members of the general public against applicant for offending behaviour in the context of public transport workplace resulting in cancellation of taxi driver authority in 2014 — Use carriage service to menace/harass/offend in 2017 — Current and ongoing publication of offending comments vilifying homosexual community on YouTube platform and whether psychological harm may be caused to gay and lesbian children as a result — Likelihood of the applicant repeating his behaviour due to his unwillingness and/or inability to cease publishing further offending statements.
ADMINISTRATIVE REVIEW - Licensing – firearms licensing – revocation of licence – continuous and responsible control over firearms - contrary to the public interest – fit and proper person – association
ADMINISTRATIVE LAW - qualified supervisor certificate in the category of disconnection and reconnection of fixed electrical equipment (motors only) – refusal – scope of work within the Instrument –qualifications required by the Instrument
TAXES AND DUTIES – transfer not in conformity with agreement – two purchasers and one transferee – “related persons” test in s 18(3)(d) of the Duties Act 1997 (NSW) – whether property was acquired by transferee as trustee of a trust – whether purchaser was a beneficiary of the trust
ADMINISTRATIVE LAW – Child protection – Working with children – enabling order - whether applicant poses a risk to the safety of children – teacher student relationship - where applicant has not displaced the presumption after being found guilty of a sexual offence against a child – 29 years since the date of offending
ADMINISTRATIVE LAW – child protection – cancellation of a working with children check clearance – whether applicant poses a real and appreciable risk to the safety of children – history of domestic violence related assaults and breaches of apprehended domestic violence orders ADMINISTRATIVE LAW – application of the reasonable person test and public interest test in section 30(1A) of the Child Protection (Working with Children) Act 2012
Firearms licence – Revocation – Conditional Release Order – Conditional Release Order without conviction – Conditional Release Order still in force – whether fit and proper – whether in the public interest.
ADMINISTRATIVE LAW — administrative review — government information — excluded information — conclusive presumption of an overriding public interest against disclosure
ADMINISTRATIVE LAW – administrative review – access to government information – freedom of information – unreasonable and substantial diversion of resources
CIVIL PROCEDURE – Hearings – Suppression and non-publication – where Respondent to proceedings under the Anti-Discrimination Act seeks to have hearing held in private and publication of evidence prohibited – whether it is “desirable” to make those orders
Judgment of
Hennessy ADCJ, Deputy President
K Stubbs, General Member
ADMINISTRATIVE LAW – access to government information – access applications – conclusive presumption – overriding public interest considerations against disclosure – legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure
TAXES AND DUTIES – Land tax – Applicant fails to notify Respondent of errors in assessment – Errors ultimately corrected and revised assessment made – Interest imposed – Whether there are grounds for remission
ADMINISTRATIVE REVIEW – Firearms Act 1996 – refusal of a Category AB firearms licence – fit and proper person – public interest – convictions for weapons offences – alleged attempted sale of prohibited firearms – false information on firearms licence applications
ADMINISTRATIVE LAW - privacy - personal information - retention and security - security safeguards as are reasonable - use of personal information - disclosure of personal information – damages ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – Child protection – Working with children – Enabling order - Whether applicant poses a risk to the safety of children – Where applicant must displace presumption after being found guilty of a sexual offence against a child – 42 years since the date of offending
ADMINISTRATIVE LAW – working with children check clearances – refusal on the grounds that the applicant had been convicted of a disqualifying offence – enabling order sought – offence since repealed and replaced by new provisions – whether conduct ceased to be an offence – whether applicant remains a disqualified person – whether tribunal satisfied that applicant does not pose a risk – insufficient evidence to rebut presumption of risk
Judgment of
J Redfern PSM, Senior Member
A Limbury, General Member
ADMINISTRATIVE LAW – administrative review – Government information – reasonable searches - Legal professional privilege - confidential hearing and evidence
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - - conclusive presumption of an overriding public interest against disclosure - legal professional privilege ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE REVIEW - firearms – refusal of licence – provisional AVO – incorrect information provided in several firearms applications – behaviour towards the public and the police - whether a fit and proper person – public interest.
TAXES AND DUTIES – Dutiable transfers – Exemptions – First Home Buyers Assistance Scheme – whether the Applicant met the “residence requirement” in s 76(1) of the Duties Act 1997 (NSW)
SUMMONS — application to set aside Summons to potential witnesses — nature of claimed legitimate forensic purpose for person to give evidence under Summons
ADMINISTRATIVE LAW – administrative review – Victims rights and support – whether an act of violence is established on the balance of probabilities – recognition payment – grievous bodily harm
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - - conclusive presumption of an overriding public interest against disclosure - care and protection of children - prejudice to supply of confidential information - prejudice to effective exercise of functions of agency - disclosure of confidential information - personal information - information protection principle - best interests of child - disclosure of information contravening law ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - review GUARDIANSHIP - Public Guardian - protected person - welfare and interests of protected person - freedom of decision - freedom of action - preserving family relationships - cultural and linguistic environment - neglect, abuse and exploitation – expert - medical evidence
HUMAN RIGHTS – discrimination – race – victimisation – in education CIVIL PROCEDURE – interlocutory application – stay – to preserve status quo between the parties to the complaint.
ADMINISTRATIVE LAW – access to government information – access applications – balancing exercise - public interest considerations in favour of disclosure – public interest considerations against disclosure – whether overriding public interest against disclosure