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Administrative law

HHR v Commissioner of Police, NSW Police Force

The Tribunal refused an extension of time and refused reinstatement of a privacy review application dismissed for non-appearance, finding minimal prospects of success.

  • Extension of time
  • Reinstatement of proceedings
  • Failure to appear
  • Nsw police force exemptions
  • Administrative and educative functions
  • Use and disclosure of personal and health information
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Administrative law

Telfer v Commissioner of Police, NSW Police Force

The Tribunal affirmed the police decision on a GIPA access application, finding reasonable searches and that privacy and secrecy provisions justified refusals and redactions.

  • Reasonable searches
  • Overriding public interest against disclosure
  • Personal information
  • Secrecy provisions
  • Form of access
  • Body-worn video
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Administrative law

Dabit v Secretary, Department of Customer Service

The Appeal Panel refused leave and dismissed an appeal against refusal of a contractor licence, holding the appellant’s dishonesty convictions triggered statutory disqualification.

  • Appeal from tribunal decision
  • Contractor licence refusal
  • Dishonesty convictions
  • Disqualification from holding licence
  • Discretion to ignore offence
  • Leave to appeal
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Administrative law

Janson v Department of Communities & Justice (No 2)

The Supreme Court granted a limited pro bono referral for a self-represented judicial review applicant, confined to advice, drafting and leave to amend.

  • Pro bono referral
  • Judicial review
  • Ucpr r 7.36
  • Ucpr pt 59
  • Impecuniosity
  • Strike out / summary dismissal application
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Residential tenancies

Reznik v NSW Land and Housing Corporation

Appeal Panel held NCAT failed to engage with key CCTV and oral evidence about continuing driveway noise, and remitted the quiet enjoyment claim.

  • Quiet enjoyment
  • Noise disturbance
  • Failure to consider evidence
  • Adequacy of reasons
  • Leave to appeal and questions of law
  • Residential-tenancy
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Health law

Health Care Complaints Commission v Balasubramaniam (No 2)

After findings of professional misconduct, the Tribunal cancelled the nurse’s registration, imposed a five-year non-review period, prohibition order, costs, and suppression orders.

  • Registered nurse registration cancellation
  • Protective orders
  • Non-review period
  • Prohibition on providing health services
  • Costs
  • Suppression/publication restriction
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Administrative law

Efremov v NSW Health Administration Corporation

The Appeal Panel allowed the appeal, finding procedural unfairness in the admission of late evidence and error in the treatment of demonstrable importance under the GIPA Act.

  • Procedural fairness
  • Unreasonable and substantial diversion of resources
  • Related access applications
  • Leave to appeal
  • Discretionary error
  • Demonstrable importance of information to applicant
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Administrative law

Zaman Greenacre Pty Ltd v Antoun (No 2)

The Tribunal made further directions in a contempt referral matter, dispensing with a hearing and deferring final determination pending the outcome of the appeal.

  • Procedural fairness
  • Dispensing with hearing
  • Stay of proceedings
  • Appeal pending
  • Contempt referral order
  • Service and notice
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Administrative law

Hogan v Wood

The Tribunal dismissed a contempt referral application over alleged non-production of strata documents, finding no admissible proof the missing documents existed or were within the respondent’s control.

  • Failure to comply with summons
  • Referral for contempt
  • Production of documents
  • Possession or control of documents
  • Costs directions
  • Contempt
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.