Parsonage v Office of the Board of Studies [2007] NSWADT 10

Parsonage v Office of the Board of Studies [2007] NSWADT 10

The Tribunal lacks jurisdiction as Mr Parsonage failed to lodge a compliant application for internal review under section 34 of the FOI Act (no fee paid, not addressed as required, etc.); payment of the application fee is mandatory; without proper internal review, section 53(2) FOI Act bars access to the Tribunal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 January 2007
Procedural Posture
Administrative Review / Jurisdictional Ruling
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
['freedom of Information' 'jurisdiction' 'internal Review Requirements']
['administrative Law'] ['freedom of Information' 'jurisdiction' 'internal Review Requirements']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Jurisdictional Ruling

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to hear the application in absence of an internal review application under the Freedom of Information Act 1989']

Ratio Decidendi

The Tribunal lacks jurisdiction as Mr Parsonage failed to lodge a compliant application for internal review under section 34 of the FOI Act (no fee paid, not addressed as required, etc.); payment of the application fee is mandatory; without proper internal review, section 53(2) FOI Act bars access to the Tribunal.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • ["Mr Parsonage's application is dismissed for want of jurisdiction."]