Marden v Pharmacy Council of New South Wales [2015] NSWCATAD 230

Marden v Pharmacy Council of New South Wales [2015] NSWCATAD 230

The Tribunal identified a real jurisdictional question about whether the applicant was required to apply within 40 working days of receiving the internal review determination or within 40 working days of the expiration of the complainant's review rights. Because that issue had not been determined, the Tribunal could not decide the preliminary public interest issue and instead made directions for submissions and any extension of time application.

Jurisdiction
Australia
Judgment Date
06 November 2015
Procedural Posture
Administrative Review Concerning Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Procedural Ruling and Directions on Whether the Tribunal Application Was Made Within Time
Outcome
Directions made; no final determination of jurisdiction or merits.
Legal Topics
['gipa Act Access Application' 'third Party Consultation and Objection' 'internal Review' 'information Commissioner Review' 'ncat Administrative Review Time Limit' 'extension of Time' 'public Interest Considerations Against Disclosure']
['administrative Law' 'government Information Access' 'privacy'] ['gipa Act Access Application' 'third Party Consultation and Objection' 'internal Review' 'information Commissioner Review' 'ncat Administrative Review Time Limit' 'extension of Time' 'public Interest Considerations Against Disclosure']

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Procedural Posture

Administrative Review Concerning Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Procedural Ruling and Directions on Whether the Tribunal Application Was Made Within Time

Legal Issues

  1. 1 ['Which decision or decisions were before the Tribunal for review.' "Whether the applicant's application to the Tribunal was made within time under s 101 of the Government Information (Public Access) Act 2009 (NSW)." 'If the application was lodged out of time, whether the Tribunal would have jurisdiction only if an extension of time were sought and granted.' 'Whether the preliminary public interest issue could be determined before resolving the jurisdictional issue.']

Ratio Decidendi

The Tribunal identified a real jurisdictional question about whether the applicant was required to apply within 40 working days of receiving the internal review determination or within 40 working days of the expiration of the complainant's review rights. Because that issue had not been determined, the Tribunal could not decide the preliminary public interest issue and instead made directions for submissions and any extension of time application.

Court Disposition

Directions made; no final determination of jurisdiction or merits.

Orders

  • ['The applicant is to file and serve on the other parties and the Information Commissioner any submissions and evidence addressing the question of whether her application to the Tribunal was made within time by 27 November 2015.' 'The applicant is to lodge with the Tribunal and to provide to the other parties and...