ADMINISTRATIVE LAW – Government information – application for access refused by Respondent –change of circumstances ADMINISTRATIVE LAW – Government information – circumstances do not exist for referral to Information Commissioner under s 111
ADMINISTRATIVE LAW — Reviewability — Justiciability — Status of decision-maker – where Respondent requested assistance from another Council in conducting internal review without instrument of delegation – purported internal review invalid – original decision deemed to have been made again and becomes the decision under review ADMINISTRATIVE LAW – Government information – public interest considerations against disclosure – reveal an individual’s personal information – contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 ADMINISTRATIVE LAW – Government information – whether Tribunal should substitute decision where individual not validly notified of decision to release redacted version
ADMINISTRATIVE LAW – Freedom of information — Access to information – GIPA – CCTV footage – public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing exercise – pixelation of personal information
VICTIMS SUPPORT — Administrative law — act of violence — whether evidence satisfied elements of act of violence — whether a series of related acts of violence constituting one act of violence — whether medical evidence verifies injury — sufficiency of evidence — whether applicant primary victim of act of violence — whether evidence established on balance of probabilities — beneficial legislation
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 - 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’ - risk of harm - risk of intimidation - risk of harassment - commercial in confidence information - local authority ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
ADMINISTRATIVE LAW – Child Protection – Authorised carers – review of decision of the respondent to (a) remove a foster child from the applicants’ day-to-day care and (b) cancel the applicants’ authorisation as out-of-home carers – allegation of sexual abuse made against the male authorised carer – the requisite degree of satisfaction required to find that the alleged abuse did occur – in the absence of a finding that the alleged abuse did in fact occur, whether on the material before the Tribunal the male authorised carer nevertheless posed an unacceptable risk to the safety of the foster child in the care of the applicants
Judgment of
S Higgins, Senior Member
L Houlahan, Senior Member
ANTI-DISCRIMINATION – RACE DISCRIMINATION – where questions directed to and comments made about a student of Ghanian heritage at a high school by the school principal in the presence of other student leaders was racial discrimination- whether conduct constitutes treating the student less favourably than a person of a different race and subjecting the student to other detriment- whether to order a refund of school fees-whether to order an apology.
Judgment of
P Roney KC, Senior Member
K Stubbs, General Member
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations -– weight of evidence of risk – current risk - whether sufficient time to rehabilitate – risk elevating factors
HUMAN RIGHTS — Discrimination — race discrimination — employment — direct discrimination — whether unlawful — ‘any other detriment’ — differential treatment — causation HUMAN RIGHTS — Victimisation — causation CONSTITUTIONAL LAW — The Judiciary — jurisdiction — ‘Matter’ — justiciable controversy — identification of parties — proceedings involving a State — question of fact — residence
COSTS - administrative review - special circumstances - costs where proceedings dismissed following appeal and remittal for reconsideration with fresh evidence
ADMINISTRATIVE REVIEW – access to government information – freedom of information - conclusive overriding presumption against disclosure – legal professional privilege – client legal privilege - workplace investigation
ADMINISTRATIVE LAW — Privacy and Personal Information Protection Act 1998 (NSW) — personal information — anonymous complaint — later recorded — error found after Stop Work Order issued — “investigative agency”
ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure.
ADMINISTRATIVE LAW — Merits Review — where NSW Trustee and Guardian decided to approve the sale of a property of a person who is the subject of a financial management order — alleged marital separation — family members allege intention of protected person to transfer ownership of property to nephew — objection to sale — paramount consideration is the welfare and interests of the person subject to the financial management order — correct and preferable decision
ADMINISTRATIVE LAW — firearms licensing — licence revocation — contravention of special condition — contravention of Act or regulations — public interest
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 – direct discrimination – indirect discrimination - education – denying or limiting access to a benefit – subjecting to a detriment - expulsion
ADMINISTRATIVE LAW – administrative review - firearms licence – decision to revoke licence followed earlier decision to impose condition – public interest – domestic circumstances - character - relationship with regulator
ADMINISTRATIVE LAW – child protection – out of home care – application for review of decision to remove children from care of authorised carer – reliability of comparative assessment report – cultural assessment – kinship placement – Aboriginal children in out of home care – restoration of children
ADMINISTRATIVE 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 - confidential information - term ‘could reasonably be expected’ - deliberation or consultation conducted, or an opinion, advice or recommendation - prejudice to effective exercise by an agency of functions - evidence - local authority - terms of loan 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 — Risk assessment triggered by Schedule 1 matter where the applicant was convicted in 2009 of an offence under s 228 of the Children and Young Persons (Care and Protection) Act 1998 (Neglect of child) after being implicated in the death of a 3 year old child in 2004 — Risk assessment also conducted due to seriousness of applicant’s repeated domestic violence offences against several intimate partners including incidents where children were exposed to the applicant’s violence and repeated breaches of Apprehended Domestic Violence Orders — Applicant recently convicted in 2022 for further domestic violence offence of assault occasioning actual bodily harm under s 59(1) of Crimes Act 1900 and sentenced to a Community Correction Order for 18 months expiring approximately 3 months beyond the date of hearing — Whether the applicant poses a risk to the safety of children.
Judgment of
A Starke, Senior Member
J Herberte, General Member
HUMAN RIGHTS – Discrimination – equal opportunity – leave required for complaint to proceed – principles applying to grant of leave – goods and services
TRAFFIC LAW AND TRANSPORT — Licensing of drivers — Application for Tow Truck Driver Certificate — Discretions to refuse — Driving offence history — Condition
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 – estoppel
PRACTICE AND PROCDURE – application by respondent to dismiss application on the basis that under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) on the basis that the Tribunal does not have jurisdiction to hear and determine the applicant’s substantive application.
TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Liability TAXES AND DUTIES – Land tax – Surcharge land tax – Exemptions – Principal place of residence
ADMINISTRATIVE LAW – jurisdiction of the tribunal - matter between a State and a resident of another State – whether tribunal exercising judicial power or administrative power. 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
ADMINISTRATIVE LAW — application under section 245(1)(c) of the Children and Young Persons (Care and Protection) Act 1998— application filed by authorised carer late— extension of time sought— where paramountcy principle applies.
TAXES AND DUTIES – Dutiable transactions – Exemption claimed under Commonwealth law – Earlier version of law held to be not a valid law of the Commonwealth – Whether the Tribunal, when exercising administrative power, is bound by High Court authority
ADMINISTRATIVE LAW – Victims Support- administrative review – eligibility for victims support – whether act designed to disentitle to victims support where evidence indicates no other support provided – statutory interpretation - beneficial legislation
ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence – conduct of applicant in period since offences occurred– discharge of onus – circumstances of offence – no prior offending conduct -
Judgment of
R Bailey, Senior Member
Kerry Stubbs, General Member
HUMAN RIGHTS – discrimination – on the ground of a person’s disability – assumed disability - direct discrimination - qualifying body - goods and services
CIVIL PROCEDURE — summons — to produce documents or things — summons issued by the respondents on a third party — applicants had first access to documents produced — applicants raised objections to general access — some documents produced are unresponsive to the summons — relevance of documents produced.
TAXES AND DUTIES — Land tax — Surcharge land tax — “foreign person” — Exemption for principal place of residence — Circumstances outside the control of the owner
ADMINISTRATIVE LAW — administrative review — victims rights and support — recognition payment — whether act of violence is one of a series of related acts
TAXES AND DUTIES – land tax – relevant threshold - whether trust is a special trust – whether trust is a concessional trust – revocation of classification of a trust as a special trust
ADMINISTRATIVE LAW – administrative review - Government Information – information not held – reasonableness of searches – electronic databases – search parameters – remission of administratively reviewable decision
CONSTITUTIONAL LAW (Cth) – Whether the Tribunal has jurisdiction to hear and determine complaint – federal jurisdiction - where respondent raised constitutional claim of implied freedom of communication on political matters – whether s38S of the Anti-Discrimination Act 1977 imposes an unjustified burden on the implied freedom of political communication – whether the respondent’s claim was genuinely raised – whether the respondents’ claim was not capable on its face of legal argument. HUMAN RIGHTS – Transgender vilification.
ADMINISTRATIVE LAW — privacy — administrative review application made under Privacy and Personal Information Protection Act 1998 (NSW) for collateral purposes — role of NSW Civil and Administrative Tribunal — application of Briginshaw principles to serious misconduct allegations
Administrative Law – firearms licence application – refused - where applicant diagnosed with PTSD, and depression – where ongoing treatment – whether holding firearms licence contrary to the public interest – whether Applicant is a fit and proper person to hold a firearms licence
ANTI-DISCRIMINATION — transgender vilification — whether a media article concerning a petition created in a womens’ prison concerning a transgender prisoner was conduct which offends, humiliates, intimidates, insults, or ridicules another person on the basis of gender identity — incite serious contempt and severe ridicule.
Judgment of
P Roney KC, Senior Member
Dr F Duffy, General Member
ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – domestic circumstances unclear when balanced with need to ensure public safety
ADMINISTRATIVE LAW — administrative review — assessment — objection — appeal DUTIES — dutiable transaction — agreement for sale or transfer — land in NSW — transfer — change in beneficial ownership — discretionary trust — fixed trust — construction of agreements TRUSTS — trustee’s right of indemnity — beneficial interest — value — powers of trustee – discretions of trustee REAL PROPERTY — transfer — registrable — electronic conveyancing — PEXA — rights under unregistered dealing — equitable ownership
PROFESSIONS AND TRADES – Whether Applicant is disqualified under sections 20(1)(c) and 33A of Home Building Act 1989 (NSW) – Whether offence involving honesty should be ignored under section 33A(2) of Home Building Act 1989 (NSW) – Whether Applicant is a fit and proper person to hold contractor licence under sections 20(1)(a) and 20(1A) of Home Building Act 1989 (NSW)
EQUAL OPPORTUNITY — leave to proceed — principles applying to grant of leave — discrimination on the basis of marital and domestic status — victimisation
ADMINISTRATIVE REVIEW — role of the Tribunal in reviewing conduct of a public sector agency under s 55 of the Privacy and Personal Information Act 1998 (NSW) — the obligation of s 58 documents PRIVACY — information protection principles — alleged sharing of the applicant’s personal information held by the respondent public sector agency — alleged contravention by the respondent public sector agency of the use and disclosure information protection principle
ADMINISTRATIVE LAW – administrative review - Government Information – conclusive presumption of an overriding public interest consideration against disclosure - Cabinet information – document – PowerPoint slide pack – dominant purpose of document - document that reveals or tends to reveal the position a Minister has taken, is taking, will take, is considering taking or has been recommended to take on a matter in Cabinet – reasonable grounds
ADMINISTRATIVE REVIEW – access to government information – body-worn video footage – public interest test – public interest considerations in favour of disclosure not outweighed by public interest considerations against disclosure – whether pixelation is unduly onerous.
ANTI-DISCRIMINATION — disability discrimination — where deaf and speech impaired person claimed to have been subjected to direct or indirect discrimination by the Respondent Public Housing agencies by refusal to provide an Auslan interpreter or adopt his preferred communication method. ANTI-DISCRIMINATION — victimisation — where deaf and speech impaired person claimed to have been victimised by being subjected to detriment by the Respondent Public Housing agencies by a refusal to provide an Auslan interpreter or adopt his preferred communication method after he described them as surdophobic and incompetent in their dealings with him.
Judgment of
P Roney KC, Senior Member
S Davison, General Member
EQUAL OPPORTUNITY — leave to proceed — principles applying to grant of leave — race discrimination in education — disability discrimination — victimisation
ADMINISTRATIVE LAW – review of decision made under NSW Trustee and Guardian Act 2009 – interests and welfare of protected person – decision to decline payment of airfares from UK for granddaughter and two great granddaughters from protected estate to visit protected person in Australia – whether a “gift” under section 76 – whether made in compliance with general principles in NSW Trustee and Guardian Act 2009, section 39 – greater weight to principle 39(e) where high level of family conflict
TAXES AND DUTIES - Surcharge land tax – Applicant holds residential 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
HUMAN RIGHTS – discrimination – on ground of age – on the ground of disability – provision of accommodation – benefit associated with the accommodation.
Judgment of
L Andelman, Senior Member
A Limbury, General Member
TAXES AND DUTIES — dutiable transactions — dutiable value TAXES AND DUTIES — dutiable transactions — deceased estate — concession — variation of the trusts contained in a will
ADMINISTRATVE LAW – privacy – information protection principles – personal information – collection – use – disclosure – exceptions – s 27A(b)(ii) of the Privacy and Personal Information Protection Act 1998 (NSW) – whether reasonably necessary to enable inquiries to be referred between agencies.
ADMINISTRATIVE LAW – administrative review – Victims rights and support – sexual touching – attempted sexual assault - recognition payment – Serious bodily injury or grievous bodily harm
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable – enabling order – passage of time – continued risk – insight – candour – obligation to disclose
ADMINISTRATIVE LAW – administrative review - government information – legal professional privilege - waiver of privilege - conclusive presumption against disclosure
ADMINISTRATIVE REVIEW — access to government information — confidential information — child protection information — conclusive overriding presumption against disclosure
ADMINISTRATIVE LAW — application under section 28 Child Protection (Working with Children) Act 2012 — refusal by Children’s Guardian in relation to a disqualified person — where paramount concern is protecting children from child abuse — onus of proof in an enabling order application under section 28 — whether a real and appreciable risk is posed by the applicant to the safety of children— the provisions of section 30(1A) satisfied.
Judgment of
M Anderson, Senior Member
Prof P Foreman, General Member
ADMINISTRATIVE LAW – administrative review under s 34 of Public Spaces (Unattended Property) Act 2021 (NSW) – jurisdiction of NSW Civil and Administrative Tribunal – meaning and effect of expression “has been taken possession of under this Act”
HUMAN RIGHTS-ANTI-DISCRIMINATION – RACE DISCRIMINATION – where comments made about applicant’s niece’s newborn indigenous child – where applicant was present to hear the infant referred to as “little monkey” or “cheeky little monkey” in a hospital birthing suite by a hospital staff member - whether that was racial discrimination - ANTI-DISCRIMINATION – RACIAL VILIFICATION - whether a newborn was publicly called a derogatory name in the presence of a family member– public act – communication to the public – racially based insults directed to a party in a hospital birthing ward-– incite serious contempt and severe ridicule. HUMAN RIGHTS – remedies compensation– apology – public statement
ADMINISTRATIVE REVIEW — Firearms Act 1996 — revocation of a Category AB firearms licence — applicant subject to a conditional release order — discretion to revoke — public interest
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – access request – scope of remitted request – whether information is held by the agency – whether reasonable searches were conducted for information responsive to the access request – whether there are overriding public interest considerations that justify refusal of access to certain information – prejudice the supply to the agency of confidential information that facilitates the effective exercise of the agency’s functions – reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given, in such a way as to prejudice a deliberative process of government or an agency – prejudice the conduct, effectiveness or integrity of an audit, test, investigation or review conducted by or on behalf of an agency by revealing its purpose, conduct or results – reveal an individual’s personal information – contravene and information protection principle under the Privacy and Personal Information Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002
INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – restoration of care placement pending final determination – consideration of factors
ADMINISTRATIVE LAW — administrative review — government information — excluded information — conclusive presumption of an overriding public interest against disclosure
ADMINISTRATIVE LAW — firearms dealer licence and personal licence — refusal of licence application — contraventions of Firearms Act — whether not in the public interest for applicant to hold the licence
TAXES AND DUTIES – land tax surcharge – whether a trust is a discretionary trust - s 5D of the Land Tax Act 1956 (NSW) – fixed trust – s3A of the Land Tax Management Act 1956 (NSW) - interpretation of instruments – trustee’s powers. TAXES AND DUTIES – administration – remission of interest – power to write off.
ADMINISTRATIVE LAW – NDIS Worker Checks – confidentiality - child protection –risk of harm - whether risk real and appreciable– risk of harm likely or significant–– current risk – credibility of witness evidence – personal harm – detrimental effect on person – whether conduct poses a risk of personal harm – non publication order – whether open justice served – vulnerable persons
ADMINISTRATIVE LAW − privacy – jurisdiction of NSW Civil and Administrative Tribunal to review conduct of Ombudsman and officers of Ombudsman − effect of 35A of Ombudsman Act 1974 (NSW)
ADMINISTRATIVE LAW – access to government information – extension of time to file application –jurisdiction of the Tribunal - whether information is held by the agency – “government information”
ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category AB firearms licence – criminal offending - traffic offences – drug use and rehabilitation - mental health – fit and proper person – public interest
MERITS REVIEW – NSW State taxes - revenue law – exemptions - onus – lack of objective evidence - credibility of the applicant as his sole witness – no reasons given for not calling other witness.
ADMINISTRATIVE REVIEW – application for packaged liquor licence – whether premises are a ‘general store’ – meaning of ‘in the neighbourhood’ – whether no other take-away liquor service reasonably available to the public.
EDUCATION and Care Services National Law – Operator approval – Fit and proper – whether applicant possesses sufficient knowledge skill and experience to be considered fit and proper- whether application and assessment process was unfair – merits review
Judgment of
J McAteer, Senior Member
Dr F Duffy, Senior Member
ADMINISTRATIVE LAW — Freedom of information — Access to information — administrative review of decision under Government Information (Public Access) Act 2009 — whether reasonable searches undertaken for information responsive to access application — burden of proof that reasonable searches undertaken on agency — whether public interest considerations against disclosure made out — burden on agency to demonstrate each public interest consideration against disclosure relied on — no such burden on access applicant.
ADMINISTRATIVE REVIEW - Privacy and Personal Information Protection Act – jurisdiction only to review conduct which is subject of internal review application – meaning of “collection” – meaning of “use” - whether information used for a purpose directly related to the purpose for which it was collected – whether information disclosed for a purpose which is directly related to the purpose for which it was collected
ADMINISTRATIVE LAW – administrative review – Government information – whether the Tribunal should exercise a discretion to make non-publication orders that were not sought prior to the determination of the application for administrative review
ADMINISTRATIVE LAW - government information – whether documents are excluded information of the Health Care Complaints Commission that is conclusively presumed to be subject to an overriding public interest against disclosure within the meaning of the Government Information (Public Access) Act 2009 (NSW) – whether the application for access to documents should be refused on the basis that there is an overriding public interest against their disclosure as compromising the complaint handling process of the Respondent within the meaning of the Government Information (Public Access) Act 2009 (NSW)
HUMAN RIGHTS – discrimination – on the ground of a person’s race – on the ground of a person’s gender - direct discrimination - provision of goods and services – police investigate alleged incidents of damage to vehicle and abusive behaviour – issue of infringement notice – alleged failure to respond to complaints and requests for assistance – conduct of an investigation - expert evidence as to ‘structural racism’ – making of inferences
Judgment of
L Andelman, Senior Member
J Herberte, General Member
ADMINISTRATIVE LAW — firearms –– objects of legislation — public interest — public safety — PTSD — no evidence of self harm — no evidence of threats of violence to self or others — no evidence of violence to others — not contrary to public interest for the licensee to continue to hold a Firearms Licence
TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Liability TAXES AND DUTIES – Land tax – Surcharge land tax – Joint ownership TAXES AND DUTIES – Land tax – Surcharge land tax – Exemptions – Principal place of residence
ADMINISTRATIVE LAW — child protection — working with children — risk to children whether risk real and appreciable — allegations — circumstances of allegations — weight of evidence of risk — current risk — expert evidence — future risk — whether sufficient time to rehabilitate — risk elevating factors
ADMINISTRATIVE LAW — administrative review — government information — excluded information – conclusive presumption of an overriding public interest against disclosure - protected information — balancing the public interest considerations in favour of disclosure and against disclosure
ADMINISTRATIVE LAW — tow truck operators licence — close associate — assault conviction — fit and proper person to hold a tow truck operators licence — public interest
ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for a Category AB firearms licence – alleged violent behaviour - alleged provision of false and misleading information in licence application – public interest
PRACTICE AND PROCDURE---Summary dismissal of proceedings---Whether proceedings are frivolous, vexatious, misconceived or lacking in substance HUMAN RIGHTS---Discrimination---Disability---Education---Denying or limiting access to a benefit---Subjecting to a detriment
Administrative Law – land tax – whether primary production exemption applied – whether land was used for the maintenance of horses for the purpose of selling them, their natural increase or bodily produce
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 – administrative review of a reviewable decision – administrative review of conduct of the agency – disclosure of personal and health information – security safeguards
HUMAN RIGHTS – discrimination – on the ground of a person’s disability - on the grounds of homosexuality – direct discrimination – indirect discrimination – goods and services - victimisation
Judgment of
L Andelman, Senior Member
Dr M Murray, General Member
LICENSING – firearms licensing – licence revocation – want of jurisdiction – licence expired – public interest – possible suicidal ideation – mental health history not disclosed.
ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – insight - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk –– future risk – evidence of behaviour that caused harm to children
Judgment of
J McAteer, Senior Member (Legal)
Prof P J Foreman AM General Member (Community)
ADMINISTRATIVE LAW — administrative review — government information — allegations of improper conduct — personal information not sought — irrelevant information not sought — legal professional privilege — waiver of privilege — conclusive presumption against disclosure
LICENSING – firearms – domestic circumstances allegations of domestic violence by close family member – incorrect statement in application renewals – public interest – circumstances for imposition of a condition
ADMINISTRATIVE LAW – merits review – access to government information – decision of the public sector agency that the information for which the applicant sought access was not held by the agency – reasonableness of searches for the information sought
ADMINISTRATIVE LAW – administrative review - government information – conclusive presumption against disclosure – client legal privilege – confidential information – personal information – effective exercise of agency’s functions – deliberative process – whether overriding public interest against disclosure.
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether overriding public interest against disclosure – prejudice the effective exercise by an agency of the agency’s functions – endanger or prejudice any system or procedure for protecting the life, health or safety of a person – expose a person to a risk of harm or serious harassment or serious intimidation.
ADMINISTRATIVE LAW – administrative review – Government information – whether the Tribunal ought to recuse itself on the ground of apprehended bias – Whether information sought in the applicant’s request is held by the respondent.
ADMINISTRATIVE LAW — administrative review — government information — protected information — balancing the public interest considerations in favour of disclosure and against disclosure — protected information
ADMINISTRATIVE LAW – Privacy – application by the respondent for summary dismissal of the applicant’s administrative review application and interim order application – whether the applicant’s application for review identified a relevant administratively reviewable decision (conduct) of the respondent – whether the applicant’s formal request for amendment was an internal review request
ADMINISTRATIVE LAW – administrative review – Government information – confidential information - balancing the public interest considerations in favour of disclosure and against disclosure
ADMINISTRATIVE REVIEW – criminal and other history – mental health concerns – attitude towards police - whether in the public interest for the applicant to hold a firearms licence
Administrative Law – licensing - firearms licence – refusal of application – mental health – accuracy of information in licence application - public interest
HUMAN RIGHTS - discrimination - equal opportunity — victimisation – previous proceedings - leave required for complaint to proceed — whether complaint lacking in substance - principles applying to grant of leave
HUMAN RIGHTS – Discrimination – equal opportunity – provision of services - age discrimination - disability discrimination – direct or indirect – victimisation - leave required for complaint to proceed – principles applying to grant of leave
PRACTICE AND PROCEDURE – Appropriate orders where claim involves federal jurisdiction - summary dismissal of proceedings under s 55(1)(b) of the Civil and Administrative Act 2013 HUMAN RIGHTS – Transgender vilification –aiding and abetting CONSTITUTIONAL LAW (Cth) – Whether Tribunal has jurisdiction to hear and determine complaint – federal jurisdiction - where respondents raised constitutional claim of implied freedom of communication on political matters – whether s38S of the Anti-Discrimination Act 1977 imposes an unjustified burden on the implied freedom of political communication – whether the respondents’ claim was genuinely raised – whether the respondents’ claim was not capable on its face of legal argument.
LICENSING - firearms ––licence revocation –genuine reason - safety and storage – whether or not in the public interest for applicant to hold a licence.
ADMINISTRATIVE LAW — access to government information — whether, on balance, the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure
TAXES AND DUTIES – Land tax – Surcharge land tax – Foreign person – Liability TAXES AND DUTIES – Land tax – Surcharge land tax – Exemptions – Principal place of residence
ADMINISTRATIVE LAW - merits review - NSW Trustee and Guardian - management of estate of person with a disability - Trustee’s decision to sell former family residence - objection by some family members - proposal for “reverse-mortgage” arrangement - principle of preservation of estate - Trustee’s duty to act in protected person’s welfare and interests and related principles including views of the person: NSW Trustee and Guardian Act, section 39
Administrative Law - licensing - firearms - revocation of licence - mental health - living or domestic circumstances - fit and proper person - public interest
ADMINISTRATIVE LAW – Government Information - refusal to deal with an access application – unreasonable and substantial diversion of agency resources – agency already decided a previous application that substantially overlapped with the information sought
ADMINISTRATIVE LAW – NDIS Worker Checks - child protection –risk of harm - whether risk real and appreciable– risk of harm likely or significant– weight of evidence of risk – current risk
LICENSING – combat sports – combatant certificate – refusal of registration – criminal history – applicant’s health and safety interests – certificate of fitness.
TAXES AND DUTIES — Land tax — Surcharge land tax — holds land on trust — discretionary trust — foreign persons not excluded as beneficiaries under the terms of the trust deed — effect of a deed of rectification
ADMINISTRATIVE LAW – firearms licence – Special Condition – storage of firearms – whether family member poses real and appreciable risk – domestic violence
ADMINISTRATIVE REVIEW – contraventions of safe storage requirements – whether in the public interest for the applicant to hold a firearms licence – whether applicant a fit and proper person
ADMINISTRATIVE LAW- Merits review- Guardianship- Public Guardian- decision to refuse to appoint independent advocate for person under guardianship- principles in Guardianship Act 1987, section 4 (a) - welfare and interests of person to be given paramount consideration – decision under review the correct and preferable one- decision affirmed. EVIDENCE - relevance - inferences- Jones v Dunkel inference- availability in Tribunal proceedings- Civil and Administrative Tribunal Act 2013, section 38 (2).
ADMINISTRATIVE LAW – application by the respondent administrator for an order under s 59 of the Administrative Decisions Review Act 1997 (NSW) – order sought in respect of an unredacted copy of documents that contain confidential material in circumstances where, if an application were made, it would be appropriate to make an order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting or restricting the publication or disclosure of evidence of those documents ADMINISTRATIV LAW – application for non-publication and non-disclosure orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)
ADMINISTRATIVE REVIEW - firearms – refusal of licence – AVO – history of aggression – safe storage – suspensions - attitude towards police - public safety – whether a fit and proper person – continuous and responsible control of firearms – whether of intemperate habits – whether of unsound mind – public interest.
ADMINISTRATIVE LAW – administrative review – Government information – failure of the applicant to appear at the hearing – matter determined in the absence of the applicant - whether overriding public interest against disclosure - confidential information - information provided in confidence
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether information is held by the agency – public interest considerations against disclosure – prejudice any person’s legitimate business, commercial, professional or financial interests
LICENSING – firearms – husband and wife – wife’s licence revoked – son with mental health issues – absence of current evidence - condition imposed on husband’s licence
ADMINISTRATIVE LAW — Government Information (Public Access) Act 2009 — Grounds for refusing access — Balancing competing public interest factors for and against disclosure EVIDENCE — Privileges — Parliamentary privilege — Admissibility of transcript of a parliamentary committee – admissible only as proof of what was said CIVIL PROCEDURE — Implied undertakings — Documents to which applies — Documents produced under compulsion – whether documents lodged pursuant to Administrative Decisions Review Act 1997 (NSW), s 58 are documents produced under compulsion
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – whether information publicly available to applicant - whether information is held by the agency
ADMINISTRATIVE REVIEW – Health Records and Information Privacy Act 2002 (NSW) – inquiry into a complaint made to the Privacy Commissioner PRACTICE AND PROCEDURE – whether the Tribunal ought to recuse itself on the ground of apprehended bias – proper respondent – joinder of a respondent party – whether proceedings should be adjourned – whether leave should be refused for the respondent to be represented – whether a person should be compelled to appear as a witness
TAXES AND DUTIES- taxation administration -reassessment of tax liability of taxpayer - s 5D of the Land Tax Act 1956 (NSW) – reassessment made on a reconsideration of the terms of an amending deed to the trust. ADMINISTRATIVE LAW- Review of decision
TAXES AND DUTIES — stamp duty concession — whether s 55 applies — statutory construction —whether an agreement to transfer dutiable property is a transfer of dutiable property — whether s 55 applies only to resulting trusts —whether beneficiary of self managed superannuation fund is the real purchaser and the superannuation fund is the apparent purchaser — stamp duty exemption — whether s 65(10) applies
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – whether information sought is ‘excluded information’ – whether information is not held by the agency PRACTICE AND PROCEDURE – whether hearing should be adjourned – whether the Registrar should be directed to issue a Summons compelling a person to attend the hearing to give evidence – whether a non-publication order should be made.
ADMINISTRATIVE LAW MERITS REVIEW - where NSW Trustee and Guardian decided to approve the sale of a property of a person who is the subject of a financial management order where the son, who lives in the property, disagreed with the decision to sell the property – paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision
ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – refusal to deal with an access application – unreasonable and substantial diversion of agency resources – agency already decided a previous application for the information
ADMINISTRATIVE REVIEW – Combat Sports Act 2013 – application for renewal of registration as a combatant in the amateur boxing registration class – ‘fit and proper person’ – criminal offences