Cerminara -v- Commisssioner of Police, New South Wales Police Service & anor (GD) [2001] NSWADTAP 32

Cerminara -v- Commisssioner of Police, New South Wales Police Service & anor (GD) [2001] NSWADTAP 32

The appeal was dismissed because the applicant did not identify any question of law and no error of law was found. The Tribunal was entitled to seek procedural assistance from the agency, to receive evidence and hear argument in the applicant's absence as authorised by the Freedom of Information Act 1989, and to rule on the relevance and weight of material before it. Without an established or arguable question of law, the Appeal Panel would not grant leave to extend the appeal to a merits review.

Jurisdiction
Australia
Judgment Date
19 September 2001
Procedural Posture
Appeal From a Tribunal Decision Affirming Refusal of Access to Documents Under the Freedom of Information Act 1989 / Appeal Panel Decision on Appeal and Request for Leave to Extend Appeal to Merits
Outcome
Appeal dismissed; leave to extend the appeal to a review of the merits refused.
Legal Topics
['question of Law on Appeal' 'merits Review by Leave' 'natural Justice' 'exempt Matter' 'receiving Evidence and Hearing Argument in Absence of Applicant' 'relevance of Evidence']
['administrative Law' 'freedom of Information'] ['question of Law on Appeal' 'merits Review by Leave' 'natural Justice' 'exempt Matter' 'receiving Evidence and Hearing Argument in Absence of Applicant' 'relevance of Evidence']

Case Brief

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Procedural Posture

Appeal From a Tribunal Decision Affirming Refusal of Access to Documents Under the Freedom of Information Act 1989 / Appeal Panel Decision on Appeal and Request for Leave to Extend Appeal to Merits

Legal Issues

  1. 1 ['Whether the applicant identified any question of law under s 113 of the Administrative Decisions Tribunal Act 1997.' "Whether the Tribunal denied natural justice by asking the agency's solicitor for procedural assistance, receiving evidence and argument in private, or refusing or admitting material." "Whether leave should be granted to extend the appeal to a review of the merits of the Tribunal's decision."]

Ratio Decidendi

The appeal was dismissed because the applicant did not identify any question of law and no error of law was found. The Tribunal was entitled to seek procedural assistance from the agency, to receive evidence and hear argument in the applicant's absence as authorised by the Freedom of Information Act 1989, and to rule on the relevance and weight of material before it. Without an established or arguable question of law, the Appeal Panel would not grant leave to extend the appeal to a merits review.

Court Disposition

Appeal dismissed; leave to extend the appeal to a review of the merits refused.

Orders

  • ['Appeal dismissed.']