Turner v Commissioner, Corrective Services NSW [2016] NSWCATAD 15

Turner v Commissioner, Corrective Services NSW [2016] NSWCATAD 15

The matters relied on by Mr Turner did not establish a reasonable apprehension of bias. The earlier internal appeal did not involve the same issues of fact and credit as the contempt proceedings and any credibility findings were confined to that particular account of events. The making of complaints to the Judicial Commission or another body did not itself require disqualification. The alleged remarks about not having read all material and directing correspondence to be filed in the proceedings did not show that a fair-minded lay observer might reasonably apprehend that Magistrate Hennessy would not bring an impartial mind to the contempt proceedings.

Jurisdiction
Australia
Judgment Date
20 January 2016
Procedural Posture
Application for Disqualification for Apprehended or Actual Bias in Proceedings Concerning Written Allegations of Contempt Under S 73 of the Civil and Administrative Tribunal Act 2013 (nsw) and a Substantive Review Under the Government Information (public Access) Act 2009 (nsw) / Procedural Ruling on Papers After 8 January 2016
Outcome
The application for disqualification was refused.
Legal Topics
['apprehended Bias' 'actual Bias' 'disqualification of Decision Maker' 'contempt Proceedings' 'government Information Access']
['administrative Law' 'procedural Fairness'] ['apprehended Bias' 'actual Bias' 'disqualification of Decision Maker' 'contempt Proceedings' 'government Information Access']

Case Brief

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Procedural Posture

Application for Disqualification for Apprehended or Actual Bias in Proceedings Concerning Written Allegations of Contempt Under S 73 of the Civil and Administrative Tribunal Act 2013 (nsw) and a Substantive Review Under the Government Information (public Access) Act 2009 (nsw) / Procedural Ruling on Papers After 8 January 2016

Legal Issues

  1. 1 ['Whether Magistrate Hennessy should disqualify herself from hearing the matter on the basis of apprehended or actual bias.' 'Whether prior involvement in Turner v Commissioner of police, NSW police force [2014] NSWCATAP 4 gave rise to a reasonable apprehension that the decision-maker might not bring an impartial mind to the contempt proceedings.' 'Whether complaints lodged by Mr Turner about Magistrate Hennessy gave rise to a reasonable apprehension of bias.' 'Whether alleged remarks in current and related proceedings gave rise to a reasonable apprehension of bias.']

Ratio Decidendi

The matters relied on by Mr Turner did not establish a reasonable apprehension of bias. The earlier internal appeal did not involve the same issues of fact and credit as the contempt proceedings and any credibility findings were confined to that particular account of events. The making of complaints to the Judicial Commission or another body did not itself require disqualification. The alleged remarks about not having read all material and directing correspondence to be filed in the proceedings did not show that a fair-minded lay observer might reasonably apprehend that Magistrate Hennessy would not bring an impartial mind to the contempt proceedings.

Court Disposition

The application for disqualification was refused.

Orders

  • ["The applicant's application for Magistrate Hennessy to disqualify herself from hearing this matter is refused."]