Webb v iCare NSW [2024] NSWCATAD 371

Webb v iCare NSW [2024] NSWCATAD 371

The applicant failed to provide a 'reasonable excuse for the delay' as required by s 101(4) of the GIPA Act; mere inability to get around to it is insufficient to justify an extension of time, and thus the application for review could not proceed out of time.

Parties
Applicant: Telina Webb; Respondent: iCare NSW
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Administrative Review / Application for Extension of Time for Review; Dismissal
Outcome
Application for extension of time refused; application for review dismissed.
Legal Topics
Access to Government Information, Extension of Time, Reasonable Excuse for Delay
Administrative Law Information Law Access to Government Information Extension of Time Reasonable Excuse for Delay

Case Brief

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Parties

Telina Webb

Applicant

iCare NSW

Respondent

Procedural Posture

Administrative Review / Application for Extension of Time for Review; Dismissal

Legal Issues

  1. 1 Whether the applicant provided a reasonable excuse for delay in filing application for review under the Government Information (Public Access) Act 2009

Ratio Decidendi

The applicant failed to provide a 'reasonable excuse for the delay' as required by s 101(4) of the GIPA Act; mere inability to get around to it is insufficient to justify an extension of time, and thus the application for review could not proceed out of time.

Court Disposition

Application for extension of time refused; application for review dismissed.

Orders

  • The time for the filing of the application for review is not extended.
  • The application for review is dismissed.