Thomson v Sydney Trains [2015] NSWCATAD 257

Thomson v Sydney Trains [2015] NSWCATAD 257

The application for review was lodged more than two years after the 24 April 2013 reviewable decision. Although the applicant had cared for his mother and had unspecified psychological conditions, he actively pursued his allegations with various persons and agencies during the same period and did not establish a causal connection explaining the two-year delay. His lack of awareness of NCAT was not a reasonable excuse because the Notice of Decision informed him of his right to apply to the former Administrative Decisions Tribunal within 40 working days. The Tribunal was therefore not of the opinion that he had provided a reasonable excuse under s 101(4) of the GIPA Act, had no power to...

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Application for NCAT Administrative Review of a Decision Under the Government Information (public Access) Act 2009 (nsw), With Application to Extend Time / Procedural Ruling on Application to Extend Time, Determined on the Papers
Outcome
Application to extend time refused; application for review dismissed.
Legal Topics
['government Information (public Access) Act 2009 (nsw)' 'extension of Time' 'reasonable Excuse for Delay' 'ncat Administrative Review' 'decision on the Papers']
['administrative Law' 'government Information'] ['government Information (public Access) Act 2009 (nsw)' 'extension of Time' 'reasonable Excuse for Delay' 'ncat Administrative Review' 'decision on the Papers']

Case Brief

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Procedural Posture

Application for NCAT Administrative Review of a Decision Under the Government Information (public Access) Act 2009 (nsw), With Application to Extend Time / Procedural Ruling on Application to Extend Time, Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicant had provided a reasonable excuse for the delay in making an application to the Tribunal under s 101(4) of the Government Information (Public Access) Act 2009 (NSW).' "Whether the Tribunal had power to extend time for the applicant's out-of-time application for review." 'Whether the application for review should be dismissed for want of jurisdiction if time was not extended.']

Ratio Decidendi

The application for review was lodged more than two years after the 24 April 2013 reviewable decision. Although the applicant had cared for his mother and had unspecified psychological conditions, he actively pursued his allegations with various persons and agencies during the same period and did not establish a causal connection explaining the two-year delay. His lack of awareness of NCAT was not a reasonable excuse because the Notice of Decision informed him of his right to apply to the former Administrative Decisions Tribunal within 40 working days. The Tribunal was therefore not of the opinion that he had provided a reasonable excuse under s 101(4) of the GIPA Act, had no power to...

Court Disposition

Application to extend time refused; application for review dismissed.

Orders

  • ["Applicant's application to extend time for the making of his application to the Tribunal is refused." 'Application for review of a decision under the Government Information (Public Access) Act 2009 (NSW) is dismissed.']