ADMINISTRATIVE LAW - administrative review -access to government information - correct and preferable decision - public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing the public interest
ADMINISTRATIVE LAW- provision of education and care services to children – prohibition notice issued – Tribunal’s review jurisdiction – whether there may be an unacceptable risk of harm to children
Judgment of
Emeritus Prof R Graycar, Senior Member
M Maher, General Member
COSTS – special circumstances – cost thrown away for hearing by late and repeated requests for an adjournment – adjournment refused and dismissal for non-appearance – repeated informal requests for reinstatement – whether appropriate to award fixed lump sum – whether appropriate to make joint and several costs order
Judgment of
J Redfern PSM, Senior Member
J Herberte, General Member
ANTI-DISCRIMINATION - HUMAN RIGHTS — Legislation —Anti-Discrimination Act 1977 (NSW) – jurisdiction of the Tribunal to hear a complaint not made to and referred by the President – summary dismissal – complaints discrimination on ground of disability
REVENUE LAW - State taxes - land tax - companies that are related - trusts - grouping - control - sole director - assessment - objection - appeal ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW — Application for enabling order under s 28 of the Child Protection (Working with Children) Act 2012 – jurisdiction following commencement of Child Protection (Working with Children) and Other Legislation Amendment Act 2025.
Judgment of
Dr L Kirk, Senior Member
Emeritus Professor PJ Foreman, General Member
ADMINISTRATIVE LAW – Victims Support- administrative review – eligibility for victims support – whether act designed to disentitle to victims support where evidence indicates other support provided – statutory interpretation - beneficial legislation
ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - merits review LICENCING - firearms - licence - fit and proper person - public interest
CIVIL PROCEDURE — Parties — Misjoinder or non-joinder — Effect on proceedings – where NSW Civil and Administrative Tribunal is named as a respondent in application for administrative review under the Privacy and Personal Information Protection Act 1998 (NSW) -- whether that entity is a proper and necessary party – whether any other person should be joined as a respondent
ADMINISTRATIVE LAW - administrative review – access to government information – three successive access applications from the same Applicant – whether the Respondent has already decided a previous application for the same or substantially the same information – whether there are no reasonable grounds for believing that the Respondent would make a different decision – exercise of discretion
ADMINISTRATIVE LAW — Working with children — Application for a working with children check clearance - Whether applicant poses a risk to the safety of children
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 — refusal by Children’s Guardian in relation to a disqualified person —evidence of further convictions after disqualifying offence — enabling order application under section 28 — whether a real and appreciable risk is posed by the applicant to the safety of children— enabling order refused. PROCEDURE — admissibility of documents recording helpline reports – tender of documents authorised
Judgment of
J Redfern PSM, Senior Member
R Royer, General Member
REVENUE LAW - State taxes - land tax - exemption – principal place of residence - duty - exemption - unlawful use and occupation - unoccupied land -objection - appeal ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW - Government information - access – public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing exercise
TAXES AND DUTIES – land tax – principal place of residence exemption – joint owners – concession for unoccupied land intended by one of the joint owners to be that person’s principal place of residence – whether the requirements of clause 6 of Schedule 1A of the Land Tax Management Act 1956 (NSW) were met ADMINISTRATIVE LAW – application for merits review of a land tax assessment of the respondent – whether the applicant, not an owner of the land in issue but the holder of a general power of attorney is an interested person entitled to make the application on behalf of the owners of the land
ADMINISTRATIVE LAW - Government information - access – public interest considerations against disclosure – public interest considerations in favour of disclosure - balancing exercise
ADMINISTRATIVE REVIEW - Holder of Working with Children Check – Weight to be Placed on Findings of reportable conduct Entity – Correct and Preferrable Decision – Is there is a Real and Appreciable Risk to the Safety of Children
ANTI-DISCRIMINATION – HUMAN RIGHTS —interim order – prima facie case – balance of convenience – complaints of discrimination on grounds of disability, victimisation – application for confidentiality orders
ADMINISTRATIVE LAW — Application for review under s 27(3) of Child Protection (Working with Children) Act 2012 — Interim Bar placed on the applicant’s clearance pending a risk assessment to decide whether the clearance should be reinstated or cancelled — Report made by former foster child that she had been sexually assaulted by the applicant and an allegation that the applicant’s ex-wife failed to act protectively towards the child — 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 — Application for review under s 27(3) of Child Protection (Working with Children) Act 2012 — Interim Bar placed on the applicant’ s clearance pending a risk assessment to decide whether the clearance should be reinstated or cancelled — Report made by former foster child that she had been sexually assaulted by the applicant’s ex-husband and an allegation that the applicant failed to act protectively towards the child — Tribunal to assess whether applicant poses a risk to the safety of children.
Judgment of
A Starke, Senior Member
J Herberte, General Member
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 for the purposes of s 5D of the Land Tax Act 1956 (NSW) – no discretion to relieve liability arising under statutory provisions
REVENUE LAW - State taxes - surcharge purchaser duty - exemption - assessment - objection - appeal REVENUE LAW - interest - penalties - reasonable care -whether tax default due to matters beyond control of taxpayer - personal circumstances - remission ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal PRIVACY – information protection principles – disclosure of personal information – breach of information protection principles
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 — jurisdiction following amendments under Child Protection (Working with Children) and Other Legislation Amendment Act 2025 — administrative review of refusal — whether a real and appreciable risk to the safety of children — serious allegations of historical sexual abuse — charges withdrawn – no other criminal record, charges or allegations made against the applicant PROCEDURE — admissibility of documents recording helpline reports – tender of documents authorised
Judgment of
J Redfern PSM, Senior Member
A Limbury, General Member
ADMINISTRATIVE REVIEW - Holder of Working with Children Check – Interim Bar – Admission of Evidence Without Provenance – Weight to be Placed on Finding of Overseas Body – Correct and Preferrable Decision – Is it Likely that there is a Real and Appreciable Risk to the Safety of Children
Judgment of
P Decle, Senior Member
Emeritus Prof P Foreman AM, General Member
ADMINISTRATIVE LAW — Government Information (Public Access) — administrative review — government information — scope of review — reasonable searches — sufficiency of search — balancing competing public interest factors for and against disclosure.
ADMINISTRATIVE LAW – child protection – working with children – application for an enabling order –applicant is a disqualified person having been convicted of a disqualifying offence (act of indecency)– whether applicant has displaced the statutory presumption that he poses a risk to the safety of children.
ADMINISTRATIVE LAW – child protection – working with children check clearance – refusal of clearance – risk assessment – real and appreciable risk to the safety of children
ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - public interest considerations for disclosure - public interest considerations against disclosure - legal professional privilege
STATUTORY INTERPRETATION – development consent – deferred commencement condition – construction of Environmental Planning and Assessment Act 1979 (NSW) - construction of Liquor Act 2007 (NSW) – when is a development consent ‘in force’
ADMINISTRATIVE LAW – administrative review - privacy – information protection principles – reasonable steps to check accuracy of personal information before use – unlawful use of personal information - unlawful disclosure of personal information – actions Tribunal may take in response to public sector agency’s contravention of information protection principle – written formal apology
HUMAN RIGHTS — discrimination — equal opportunity — disability discrimination — leave required for complaint to proceed — whether complaint lacking in substance — principles applying to grant of leave. PRACTICE AND PROCEDURE — whether a non-publication order should be made.
TAXATION AND REVENUE – duty on transfer of residence between married couple – transfer intended to meet exemption conditions in s 104B – error in transfer documents lodged – penalties and interest
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – whether s 27 PPIP Act applies to exempt the respondent from complying with the IPPs - whether reasonable steps were taken under IPP 9 in relation to the use of personal information - whether sharing personal information critical of an employee with that employee was an unauthorised use under IPP 10 – if there were systemic issues to be addressed
ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - merits review LICENCING - firearms - licence - genuine reason - fit and proper person - public interest
ADMINISTRATIVE LAW – administrative review –Government information – parent seeking access to their child’s student file - reasonable searches – revealing personal information of other persons including children – disclosure of psychological testing material – disclosure of internal correspondence - responsible and effective government and affecting the functions of the agency - balancing competing public interest factors in favour of and against disclosure
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 - cultivation - maintenance of animals - production of bottled water
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 – whether grievous bodily harm present as a result of psychological injury – meaning of grievous bodily harm – limits on beneficial interpretation
Human Rights – disability discrimination – indirect discrimination – council services – Respondent to perform reasonable act to redress loss or damage suffered
Judgment of
H J Dixon SC, Senior Member
K Stubbs, General Member
ADMINISTRATIVE LAW — administrative review of refusal to issue firearms licence under Firearms Act 1996 (NSW) — whether applicant fit and proper person or refusal in public interest — relevance of applicant’s attitude towards police — impact of previous Tribunal findings COSTS — requirement for special circumstances warranting order for costs — whether current case hopeless rerun of earlier case
ADMINISTRATIVE LAW — Child protection — Risk assessment triggered by presence of records under cl 1(2)(a) of Schedule 1 of the Child Protection (Working with Children) Act 2012 —Tribunal to assess whether applicant poses a risk to the safety of children. Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999
REVENUE LAW - State taxes - surcharge purchaser duty - exemption - residence requirement assessment - objection - appeal REVENUE LAW - interest - penalties - reasonable care -whether tax default due to matters beyond control of taxpayer - personal circumstances - remission ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal - application for administrative review out of time - leave to allow application
ADMINISTRATIVE LAW – Application for review under s 28(1) 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
ADMINISTRATIVE LAW, Firearms Act 1996, “contrary to the public interest”; overriding need to ensure public safety; “reasonable cause to believe”; confidential information;
ADMINISTRATIVE LAW – child protection – working with children check clearance – refusal of clearance following a risk assessment – dismissal of charges under section 14 of the Mental Health and Cognitive Forensic Provisions Act 2020 (NSW) - whether the applicant poses a real and appreciable risk to the safety of children
ADMINISTRATIVE LAW - administrative review - assessment - objection - appeal - review by Civil and Administrative Tribunal STATE TAXES - land tax - special trust - fixed trust - interpretation - capital - assets - present entitlement - absolute entitlement - rule in Saunders v Vautier - unit trust
ADMINISTRATIVE LAW - Working with Children Check Clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) - where disqualifying offence under former 61M of the Crimes Act 1900 (NSW) Aggravated indecent assault-victim under the age 16 years – assessment of risk posed by applicant - whether the applicant has proven he is not a risk to the safety of children - where onus of proof discharged by applicant - where enabling order granted
JURISDICTION – decision under review relied on wrong section of Apprenticeship and Traineeship Act 2001 - ADMINISTRATIVE LAW – Apprenticeship – competing contracts – whether decision to terminate was reasonable –
VICTIMS Support – Administrative law – act of violence – whether evidence satisfies elements of act of violence– whether medical evidence verifies injury arising from act of violence – insufficient evidence to particularise causation and damage – whether casual link between assault and matters described in medical evidence – whether applicant has addressed s 44 issues – applicant on notice of case to meet – whether applicant afforded procedural fairness during review process.
ADMINISTRATIVE LAW – merits review – Victims Rights and Support – restitution order against person convicted of relevant offence – whether the order for restitution under s 67(2A) of the Victims Rights and Support Act 2013 (NSW) was made within time
ADMINISTRATIVE LAW – child protection – working with children check clearance – refusal of clearance - risk assessment - real and appreciable risk to the safety of children
ADMINISTRATIVE LAW — application for summary dismissal — whether there is jurisdiction to review conduct under the Privacy and Personal Information Protection Act 1998 — access application finalised under the Government Information (Public Access) Act 2009 — interaction between Acts.
ADMINISTRATIVE REVIEW – Firearms Act 1996 – refusal of a Category AB firearms licence – fit and proper person - public interest - domestic violence – coercive and controlling behaviour - mental health
ADMINISTRATIVE LAW — Child protection — Risk assessment triggered by presence of records under cl 1(1)(a) of Schedule 1 of the Child Protection (Working with Children) Act 2012 (NSW) — Tribunal to assess whether applicant poses a risk to the safety of children.
TAXES AND DUTIES — penalties and interest imposed on a surcharge purchaser duty assessment — amendments made to Applicant’s declaration without her knowledge
ADMINISTRATIVE LAW - administrative review -access to government information - correct and preferable decision - whether the public interest consideration against disclosure, on balance outweighs the public interest consideration in favour of disclosure - whether there is an overriding public interest against disclosure of information - reasonable expectation of contravention of a provision of any other Act or statutory rule - prejudice to effective exercise of an agency’s functions - individual’s personal information - secrecy
ADMINISTRATIVE LAW — application under Child Protection (Working with Children) Act 2012 —disqualified person – application for enabling order — alleged domestic abuse — whether a real and appreciable risk to the safety of children — presumption of risk — whether presumption displaced PROCEDURE — rejection of the tender of audio recordings — rejection of documents recording helpline reports
Judgment of
J Redfern PSM, Senior Member
J Herberte, General Member
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