Zonnevylle v Information Commissioner [2021] NSWCATAD 366

Zonnevylle v Information Commissioner [2021] NSWCATAD 366

The Tribunal dismissed the applicant's administrative review proceedings because the Information Commissioner's election not to appear and be heard in the applicant's s. 110 Government Information (Public Access) Act 2009 approval application was not a reviewable decision under s. 80 of that Act, was not a refusal to deal with an access application under s. 60, and did not otherwise provide a basis for the Tribunal's administrative review jurisdiction. The proceeding was therefore misconceived and lacking in substance under s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Application by the Information Commissioner for Dismissal of Administrative Review Proceedings Under S. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (nsw) / Procedural Ruling Determined on the Papers
Outcome
The Information Commissioner's dismissal application was granted; the applicant's proceedings were dismissed, and the dismissal application was determined on the papers without an oral hearing.
Legal Topics
['summary Dismissal' 'reviewable Decision' 'ncat Administrative Review Jurisdiction' 'government Information (public Access) Act 2009 Restraint Order Approval Proceedings' "information Commissioner's Right to Appear and Be Heard"]
['administrative Law' 'practice and Procedure' 'government Information Access'] ['summary Dismissal' 'reviewable Decision' 'ncat Administrative Review Jurisdiction' 'government Information (public Access) Act 2009 Restraint Order Approval Proceedings' "information Commissioner's Right to Appear and Be Heard"]

Case Brief

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Procedural Posture

Application by the Information Commissioner for Dismissal of Administrative Review Proceedings Under S. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (nsw) / Procedural Ruling Determined on the Papers

Legal Issues

  1. 1 ["Whether the applicant's proceeding for administrative review was misconceived, frivolous or vexatious under s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)." "Whether the Information Commissioner's decision or election not to appear and be heard in the applicant's s. 110 Government Information (Public Access) Act 2009 approval proceedings was a reviewable decision under s. 80 of the Government Information (Public Access) Act 2009." "Whether the Tribunal had administrative review jurisdiction over the applicant's complaints against the Information Commissioner." 'Whether the dismissal application could be adequately determined on the papers.']

Ratio Decidendi

The Tribunal dismissed the applicant's administrative review proceedings because the Information Commissioner's election not to appear and be heard in the applicant's s. 110 Government Information (Public Access) Act 2009 approval application was not a reviewable decision under s. 80 of that Act, was not a refusal to deal with an access application under s. 60, and did not otherwise provide a basis for the Tribunal's administrative review jurisdiction. The proceeding was therefore misconceived and lacking in substance under s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Court Disposition

The Information Commissioner's dismissal application was granted; the applicant's proceedings were dismissed, and the dismissal application was determined on the papers without an oral hearing.

Orders

  • ['An oral hearing of the application by the Information Commissioner of 1 November 2021 is dispensed with and the application be determined on the papers.' 'The application by the Information Commissioner for the dismissal under s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 of matter 2021/247292 made...