Page v Southern Cross University [2017] NSWCATAP 89

Page v Southern Cross University [2017] NSWCATAP 89

The appeal was dismissed because, on the proper construction of the GIPA Act, a reviewable decision to impose or reduce a processing charge could not arise before the access application was determined; ss 65 and 66 did not confer cumulative 50% discounts; the only reviewable decisions before the Tribunal were the requirement to pay an advance deposit and the refusal to deal further with the application after non-payment; and the Tribunal had no jurisdiction to review the adequacy of the advance deposit notice as a separate matter. In any event, it was open to the Tribunal to accept the agency's estimates and affirm the decisions.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Appeal Concerning Reviewable Decisions Under the Government Information (public Access) Act 2009 / Appeal Panel From NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division Decision [2016] NSWCATAD 199
Outcome
Appeal dismissed
Legal Topics
['government Information (public Access) Act 2009' 'processing Charges' 'advance Deposits' 'financial Hardship Discount' 'special Public Benefit Discount' 'reviewable Decisions']
['administrative Law' 'government Information' 'civil and Administrative Tribunal Procedure'] ['government Information (public Access) Act 2009' 'processing Charges' 'advance Deposits' 'financial Hardship Discount' 'special Public Benefit Discount' 'reviewable Decisions']

Case Brief

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Procedural Posture

Appeal Concerning Reviewable Decisions Under the Government Information (public Access) Act 2009 / Appeal Panel From NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division Decision [2016] NSWCATAD 199

Legal Issues

  1. 1 ['Whether decisions to impose a processing charge and to refuse a reduction in a processing charge may be made before an access application is determined.' 'Whether discounts under ss 65 and 66 of the Government Information (Public Access) Act 2009 are cumulative.' 'Whether the Tribunal could review the adequacy of a notice requiring an advance deposit under s 68(3) of the Government Information (Public Access) Act 2009.' "Whether the Tribunal erred in affirming the agency's decision to require an advance deposit and refuse to deal further with the access application after non-payment."]

Ratio Decidendi

The appeal was dismissed because, on the proper construction of the GIPA Act, a reviewable decision to impose or reduce a processing charge could not arise before the access application was determined; ss 65 and 66 did not confer cumulative 50% discounts; the only reviewable decisions before the Tribunal were the requirement to pay an advance deposit and the refusal to deal further with the application after non-payment; and the Tribunal had no jurisdiction to review the adequacy of the advance deposit notice as a separate matter. In any event, it was open to the Tribunal to accept the agency's estimates and affirm the decisions.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']