EFB v Commissioner of Police [2022] NSWCATAD 99

EFB v Commissioner of Police [2022] NSWCATAD 99

The Respondent's delay in filing was brief and refusal of an extension would cause significant hardship by preventing consideration of potentially relevant material, while the Applicant had not demonstrated prejudice from the extension. Although there were issues about whether all closed-bundle material was relevant and about the extent of confidentiality, disclosure under s 58 could circumvent or frustrate determinations in related GIPA proceedings and the confidentiality issues were contested. It was therefore appropriate to relieve the Respondent from lodging the closed bundle under s 59 and to make interim s 64(1)(c) and s 64(1)(d) non-publication and non-disclosure orders until...

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Administrative Review Application Concerning a Privacy and Personal Information Protection Act 1998 Complaint / Procedural Ruling on the Respondent's Application for Miscellaneous Matters Seeking Orders Under Ss 58 and 59 of the Administrative Decisions Review Act 1997 and S 64 of the Civil and Administrative Tribunal Act 2013
Outcome
Respondent's application for miscellaneous matters granted in part; extension of time and interim confidentiality orders made; previous timetable orders vacated and matter listed for directions.
Legal Topics
['lodgment of Material Documents' 'confidential Documents' 'non Publication and Non Disclosure Orders' 'extension of Time' 'police Complaint Material']
['administrative Law' 'privacy'] ['lodgment of Material Documents' 'confidential Documents' 'non Publication and Non Disclosure Orders' 'extension of Time' 'police Complaint Material']

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Procedural Posture

Administrative Review Application Concerning a Privacy and Personal Information Protection Act 1998 Complaint / Procedural Ruling on the Respondent's Application for Miscellaneous Matters Seeking Orders Under Ss 58 and 59 of the Administrative Decisions Review Act 1997 and S 64 of the Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ['Whether the Respondent should be relieved under s 59 of the Administrative Decisions Review Act 1997 from lodging the material in the closed bundle as s 58 material.' "Whether time should be extended for the Respondent to comply with s 58 of the Administrative Decisions Review Act 1997 and the Tribunal's earlier orders." 'Whether interim non-publication and non-disclosure orders should be made under s 64(1)(c) and s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 in relation to the closed bundle.']

Ratio Decidendi

The Respondent's delay in filing was brief and refusal of an extension would cause significant hardship by preventing consideration of potentially relevant material, while the Applicant had not demonstrated prejudice from the extension. Although there were issues about whether all closed-bundle material was relevant and about the extent of confidentiality, disclosure under s 58 could circumvent or frustrate determinations in related GIPA proceedings and the confidentiality issues were contested. It was therefore appropriate to relieve the Respondent from lodging the closed bundle under s 59 and to make interim s 64(1)(c) and s 64(1)(d) non-publication and non-disclosure orders until...

Court Disposition

Respondent's application for miscellaneous matters granted in part; extension of time and interim confidentiality orders made; previous timetable orders vacated and matter listed for directions.

Orders

  • ['Pursuant to s 59 of the Administrative Decisions Review Act 1997 the Respondent is not required to lodge copies of the material contained in the "closed bundle" provided to the Tribunal with its application for miscellaneous matters dated 4 March 2021.' "The time to comply with s 58 of the Administrative Decisions...