Amos v Central Coast Council [2019] NSWCATAD 57

Amos v Central Coast Council [2019] NSWCATAD 57

The Tribunal has jurisdiction to hear and determine an application for review of a decision to refuse a reduction in processing charges under s 66 of the GIPA Act, even where the request for such reduction was made after determination of the access application, as nothing in the Act requires that the request be contemporaneous with or included in the original access application.

Parties
Applicant: Jessica Amos; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Administrative Review / Interlocutory Decision on Jurisdiction
Outcome
Tribunal has jurisdiction to review the decision to refuse to grant a reduction of a processing charge. The matter is listed for further directions.
Legal Topics
Processing Charges Under GIPA Act, Reduction of Fees for Public Benefit, Jurisdiction of Tribunal Under GIPA Act, Statutory Interpretation
Administrative Law Freedom of Information Processing Charges Under GIPA Act Reduction of Fees for Public Benefit Jurisdiction of Tribunal Under GIPA Act Statutory Interpretation

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Parties

Jessica Amos

Applicant

Central Coast Council

Respondent

Procedural Posture

Administrative Review / Interlocutory Decision on Jurisdiction

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review a decision to refuse to reduce processing charges under s 66 of the GIPA Act where the application for reduction was made after a decision on the access application
  2. 2 Whether a request for a reduction in processing charges under s 66 must be made contemporaneously with or at the time of making the access application

Ratio Decidendi

The Tribunal has jurisdiction to hear and determine an application for review of a decision to refuse a reduction in processing charges under s 66 of the GIPA Act, even where the request for such reduction was made after determination of the access application, as nothing in the Act requires that the request be contemporaneous with or included in the original access application.

Court Disposition

Tribunal has jurisdiction to review the decision to refuse to grant a reduction of a processing charge. The matter is listed for further directions.

Orders

  • The Tribunal has jurisdiction to review the Central Coast Council's decision to refuse to grant a reduction of a processing charge.
  • The application is to be listed for further directions on 23 April 2019 at 9:30am.