Amos v Central Coast Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Amos v Central Coast Council [2019] NSWCATAD 57
Hearing dates:	On the papers
Date of orders:	15 April 2019
Decision date:	15 April 2019
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	P H Molony, Senior Member
Decision:	(1)   The Tribunal has jurisdiction to review the Central Coast Council’s decision to refuse to grant a reduction of a processing charge. (2)   The application is to be listed for further directions on 23 April 2019 at 9:30am.
Catchwords:	Government information – Processing charge – Advance deposit – Entitlement to discount – Whether application for discount made within time – request made after access application determined - finding that request made within time.
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009
Cases Cited:	Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Page v Southern Cross University [2017] NSWCATAP 89
Category:	Procedural and other rulings
Parties:	Jessica Amos – applicant Central Coast Council – respondent
Representation:	Applicant – in person Respondent – M Domingo, Senior Solicitor
File Number(s):	2018/00310820
Publication restriction:	Nil

REASONS FOR DECISION

Background

1. This is an application made by Jessica Amos for administrative review of a decision of the Central Coast Council (Council) to refuse to discount processing charges. Those charges related to an earlier access application Ms Amos and her father had made seeking certain information under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). The discount was sought on the basis that the information applied for was of special benefit to the public generally.

2. In these reasons:

1. the earlier access application is referred to as “the access application”; and

2. the current application seeking a discount of processing charges on the basis of public benefit, is referred to as “the discount application”.

3. Both parties agree that paragraphs [3] – [5] of the Council’s submissions dated 18 January 2019 set out relevant details about the access application –

3. On 2 January 2018, the applicant made an access application to the Council, pursuant to s.41 of the GIPA Act, seeking access to a range of information related to the properties located at 56 and 58 Kookaburra Street Kincumber NSW.…

4. The information requested in the access application included the following:

a. An occupation certificate;

b. All correspondence between the Council, and six specified third parties related to development issues in respect of those properties, including in respect of a public reserve adjacent to those properties;

c. All complaints made by the applicant;

d. All complaints made by Kevin Amos (the father of the applicant); and

e. All correspondence between the Council, and the NSW Ombudsman, in relation to a maladministration complaint regarding the former Gosford City Council made by the applicant.

5. The context to the access application is as follows. The former Gosford City Council received a…