HUMAN RIGHTS – Discrimination – disability discrimination – discrimination on the ground of carer’s responsibilities – discrimination in employment – detriment – causation - reliance on Guidelines
Judgment of
Emeritus Prof R Graycar, Senior Member
J Herberte, General Member
ADMINISTRATIVE LAW - government information - personal information - disclosure - public interest considerations for disclosure - public interest considerations against disclosure - balance ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
PRIVACY –– health information - personal information – vaccination status – medical information - whether about suitability for employment and excluded – use for purposes for which information collected
ADMINISTRATIVE LAW — Freedom of information — Access to information — public interest considerations in favour of disclosure — public interest considerations against disclosure — onus on respondent — failure by respondent to identify specific information — whether on balance the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure
ADMINISTRATIVE LAW – person under financial management order – decision to decline offer to purchase protected person’s property – paramount consideration of the protected person’s welfare and interests
TAXATION AND REVENUE – land tax – exemption for land used for primary production – maintenance of greyhounds for the purpose of their sale or sale of their natural increase – onus of proof not satisfied
TAXES AND DUTIES – surcharge land tax – discretionary trust not amended to exclude foreign beneficiaries before 31 December 2020 – extension of time to object to notices of assessment
Administrative Law – firearms – firearms prohibition order – whether person ‘not fit, in the public interest’ – association with others who have serious criminal histories and involvement in organised crime
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable–– circumstances of allegations –weight of evidence of risk – current risk – evidence of behaviour that could harm children
LAND SERVICES - Possession of unattended animals - direct control or supervision - authorised person - authority ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – Application for review under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) – Applicant a disqualified person – whether the person poses a risk to the safety of children
Judgment of
A Starke, Senior Member
Emeritus Prof P Foreman AM, General Member
ADMINISTRATIVE LAW-working with children- review of decision to refuse to grant working with children check clearance - risk assessment - real and appreciable risk to the safety of children – public interest
Judgment of
Emeritus Prof R Graycar, Senior Member
R Royer, Member
HUMAN RIGHTS — discrimination — equal opportunity — leave required for complaint to proceed — principles applying to grant of leave – direct disability discrimination – indirect disability discrimination – applicants for employment
ADMINISTRATIVE LAW – administrative review - Government Information – information not held – reasonableness of searches – personal information – information about operations of agency – public interest considerations for disclosure of information – public interest considerations against disclosure of information – balance CONSTITUTIONAL LAW – judicial power – administrative power – dispute between State and resident of another state – jurisdiction – whether Tribunal has power to determine whether it has jurisdiction
TAXES AND DUTIES – Land tax – Principal place of residence (PPR) exemption – owner’s PPR one of two freestanding houses on the land – larger house leased to tenants - whether the concession in cl 4 of Sch 1A of the Land Tax Management Act 1956 (NSW) (LTMA) applied to exempt the whole of the land from land tax – whether the concession in cl 10B of Sch 1A of the LTMA applied where no application made under s 9C of the LTMA
HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) --- where applicant has required the President of the Anti-Discrimination Board to refer a declined complaints to the Tribunal – whether Tribunal should exercise discretion to grant leave for the complaint to be the subject of proceedings under s 96(1) of the Anti-Discrimination Act
HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) --- where applicant has required the President of the Anti-Discrimination Board to refer a declined complaints to the Tribunal – whether Tribunal should exercise discretion to grant leave for the complaint to be the subject of proceedings under s 96(1) of the Anti-Discrimination Act
ADMINISTRATIVE LAW — Freedom of information — Access to information —whether application under Government Information (Public Access) Act 2009 is invalid because it is a request for excluded information of the agency - whether access application made to respondent or Workers Compensation Nominal Insurer
ADMINISTRATIVE LAW — Freedom of information — Access to information — where respondent refused to deal with application — whether there are “no reasonable grounds for believing that the agency would make a different decision” — meaning of “excluded information”
Administrative Law –government information – access to information concerning the Applicant that is held by the Respondent – conclusive presumption of overriding public interest against disclosure – legal professional privilege
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – whether there was a collection of personal information and a breach of IPP 3 – whether there was a breach of IPP 5 by failing to delete personal information – whether reasonable security safeguards were taken under IPP 5 – whether there was an unauthorised use or disclosure under IPPs 10 or 11 – systemic issues
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 - prejudice supply to an agency of confidential information - prejudice the effective exercise of an agency’s functions - disclosure of information provided to an agency in confidence - personal information - false or unsubstantiated allegations about a person that are defamatory ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE REVIEW - firearms licence - revocation of licence - applicant’s way of living or domestic circumstances – association with persons with criminal histories – mental health concerns - genuine reason for possession of firearms - public interest – real and appreciable risk
ADMINISTRATIVE LAW – administrative review – assessment - objection – review by Civil and Administrative Tribunal STATE TAXES - surcharge land tax – whether applicant a “foreign person” – whether applicant “ordinarily resident” in Australia – whether applicant was actually in Australia during 200 or more days in the calendar year – exceptional circumstances – brief absence – discretion
COSTS – General rule that self-represented litigant cannot recover costs of their own time – abrogation of Chorley exception in Bell Lawyers v Pentelow applies to preclude recovery of costs comprising time of preparation and attendance by a self-represented litigant who is also a lawyer – no special circumstances to warrant an award of costs
ADMINISTRATIVE LAW – administrative review – firearms licence – public interest – mental health – failure of medical evidence to provide risk assessment of suicidal ideation – whether Tribunal can be satisfied no real and appreciable risk to public safety
ADMINISTRATIVE LAW – administrative review – Victims’ rights and support – sexual assault and domestic violence - series of related acts - recognition payment
HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) --- where applicant has required the President of the Anti-Discrimination Board to refer a declined complaints to the Tribunal – whether Tribunal should exercise discretion to grant leave for the complaint to be the subject of proceedings under s 96(1) of the Anti-Discrimination Act
PRIVACY –– disclosure of health information – exclusion for research under HPP 11(1)(f) of the Health Records and Information Privacy Act 2002 (NSW) – application of the Statutory Guidelines on Research – consideration of HPP 5, HPP 10, HPP 14 – orders and award of damages for breach of HPP 5(1)(c)
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 — cancellation of clearance – alleged conduct of domestic abuse — evidence charges dismissed — whether a real and appreciable risk to the safety of children — reasonable person and public interest tests
Judgment of
J Redfern PSM, Senior Member
Emeritus Prof P Foreman AM, General Member
ADMINISTRATIVE REVIEW - Firearms Act 1996 – refusal of a Category ABH firearms licence – fit and proper person - continuous and responsible control – way of living or domestic circumstances – public interest – conduct of Applicant and his son – treatment of confidential evidence COSTS – special circumstances – late filing of material by the Applicant – costs order made
ADMINISTRATIVE LAW - administrative review - Government Information - information not held - reasonableness of searches - remission of administratively reviewable decision
ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) - NSW Trustee and Guardian – Interests and welfare of protected person – Whether to sell a protected person’s property – Financial management order –s16 NSW Trustee and Guardian Act 2009 (NSW)
TAX AND REVENUE – Whether “eligible transaction” for a duty exemption – existing house and shed on land when purchased - existing house rented to tenants – existing shed converted so owner could live there while building a new home on the land – no occupation certificates or approvals for existing house or shed as converted
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 — refusal by Children’s Guardian in relation to a disqualified person — applicant found guilty of sexual touching without consent — enabling order application under section 28 — whether a real and appreciable risk is posed by the applicant to the safety of children
Judgment of
J Redfern PSM, Senior Member
K Stubbs, General Member
ADMINISTRATIVE LAW - administrative review - privacy - information protection principles - breach - alteration of personal information - accuracy of personal information before use - health privacy principles - alteration of health information - accuracy of health information before use - lawful purpose ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
JURISDICTION – disability discrimination – termination of employment - enterprise agreement - whether dispute is a matter that involves federal jurisdiction – dismissal
ADMINISTRATIVE LAW — Freedom of information — Access to information — Ground for refusing access raised by third party objector and opposed by respondent agency CIVIL PROCEDURE — Parties — Application for joinder
ADMINISTRATIVE REVIEW – request for information – draft Reports withheld by Council – whether overriding public interest considerations against disclosure
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 – NDIS worker check clearance – cancellation of a clearance - risk assessment - risk of harm to persons with disability – whether desirable to make a non-publication order
Judgment of
J Smith, Senior Member
P Foreman AM, General Member
HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) --- where applicant has required the President of the Anti-Discrimination Board to refer a declined complaint to the Tribunal – whether Tribunal should exercise discretion to grant leave for the complaint to be the subject of proceedings under s 96(1) of the Anti-Discrimination Act
TAXATION – surcharge land tax – Trust not intended to include foreign beneficiaries – attempt to amend the terms of the Trust - whether deemed to be a foreign person for the purposes of s 5D of the Land Tax Act 1956 (NSW) – no discretion to relieve liability arising under the statutory provisions
ADMINISTRATIVE LAW — Firearms licence — public safety — whether imposition of Special Condition on Firearms licence is necessary and proportionate to address an appreciable risk to public safety
HUMAN RIGHTS – discrimination – on the ground of disability – direct discrimination – indirect discrimination - education – denying or limiting access to a benefit – subjecting to a detriment
ADMINISTRATIVE REVIEW – firearms licence – revocation of licence – offence of affray – Applicant subject to conditional release order – factors relevant to exercise of Tribunal’s discretion – public interest – real and appreciable risk
ADMINISTRATIVE LAW — Access to government information — CCTV of Police Station — whether personal information — whether disclosing copy of CCTV could reasonably be expected to have the effect to endanger or prejudice any system or procedure for protecting safety and security— personal factors and motivation of applicant — implied decision that agency does not hold information — balancing exercise — view only access.
ADMINISTRATIVE LAW; Government Information (Public Access) Act 2009; access to information; public interest considerations in favour of disclosure; public interest factors against disclosure; weighing considerations; discharge of onus; whether disclosure could reasonably be expected to prejudice the supply of confidential information
LICENSING – firearms – Applicant’s judgment in having a OMCG member provide permission to shoot on his property – fit and proper person – public interest
ADMINISTRATIVE LAW - administrative review - assessment - objection - review by Civil and Administrative Tribunal STATE TAXES - surcharge land tax - discretionary trust – no amendment requirement - “sunset” date CONSTRUCTION OF DEEDS - intention of parties - reasonable person - amendment - irrevocable - defined terms within operative provisions
ADMINISTRATIVE LAW – administrative review –Government information – outcome report of an investigation into a complaint made by the Applicant against the Respondent - balancing competing public interest factors in favour of and against disclosure
ADMINISTRATIVE REVIEW – working with children check clearance – lapse of interim bar – jurisdiction – - - practical utility – dismissal – lacking in substance
PRACTICE AND PROCEDURE – extension of time in which to bring an application for review – whether leave is required to file application where an internal review has not been finalised within the statutory timeframe but has subsequently been determined. PROCEDURE – suppression orders – confidential nature of material –whether desirable to make orders under Civil and Administrative Tribunal Act 2013 (NSW), s 64 – extent of orders necessary.
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
TAXATION AND REVENUE – surcharge purchaser duty – whether the Applicant was a “foreign person” – whether the Applicant met the requirements for the exemption under s 104ZKA of the Duties Act 1997 (NSW) TAXATION AND REVENUE – interest and penalties
TAXES AND DUTIES – First Home Buyers Assistance Scheme – residence requirement –revocation of exemption of transfer duty – tax default – discretion to remit market and premium interest – exceptional circumstances – reasonable care
Administrative Law – GIPA Act – Government Information – access – personal information – whether disclosure is in the best interests of a child - balancing competing public interest factors for and against disclosure
TAXES AND DUTIES – transfer of farming property between family members – applicant transferee a company as trustee for a discretionary family trust – whether transfer exempt from duty under section 274 of the Duties Act 1997 (NSW) (Duties Act) - date on which the matters in section 274(2) to (4) must be satisfied. TAXES AND DUTIES - whether the amendment of the family trust deed that substituted another family member as the person entitled, as taker in default of appointment to the interest in the capital of the trust fund, has the effect that the three-year requirement in section 274(4A)(b)(ii) of the Duties Act 1997 (NSW) cannot be met.
ADMINISTRATIVE LAW – administrative review – Government information – failure to appear at hearing - public interest test – correct and preferable decision – confidential hearing
Administrative Law Merits Review – private managers appointed – NSW Trustee and Guardian refused a gift to the financial manager from protected person’s estate– private manager seeks review – whether gift is seasonal in nature – whether gift is for a special occasion- whether gift is a donation of the nature made by protected person when they had capacity- paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision
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 - domestic violence
VICTIMS Support – Administrative law – act of violence – single act of violence as series of related acts -whether evidence satisfied elements of act of violence being treated as separate acts– whether medical evidence verifies injury arising from series of acts –- related acts – unelated acts – circumstances of acts of violence
ADMINISTRATIVE LAW — Application for review under s 27(2) of Child Protection (Working with Children) Act 2012 — Applicant was given a working with children check clearance in 2020 despite conviction for intimidation and assault of an adult in 2019 — Report of charge of domestic violence offences in 2023 caused clearance to be cancelled and an interim bar imposed — Subsequent criminal proceedings in 2024 found applicant not guilty of domestic violence charges — Tribunal to assess whether applicant poses a risk to the safety of children.
Judgment of
A Starke, Senior Member
J Herberte, General Member
ADMINISTRATIVE LAW – Government Information – discretion to refuse to deal with application – how discretion should be applied – systemic factors – weight applied to factors
ADMINISTRATIVE LAW – Government Information – discretion to refuse to deal with application – how discretion should be applied – systemic factors – weight applied to factors
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
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