Jaffarie v Workers Compensation Commission

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Jaffarie v Workers Compensation Commission [2016] NSWCATAD 256
Hearing dates:	2 June 2016
Date of orders:	11 November 2016
Decision date:	11 November 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Montgomery, Senior Member
Decision:	(1) The decision under review is affirmed. (2) The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused.
Catchwords:	ADMINISTRATIVE LAW – access to government information – access application – whether the Workers Compensation Commission is a tribunal – reasonableness of searches - excluded information
Legislation Cited:	Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009
Cases Cited:	BSU v Workers Compensation Commission [2015] NSWCATAD 125 Mino v Legal Aid NSW [2015] NSWCATAD 245 Orellana-Fuentes v Standard Knitting Mill Pty Limited & Anor; Carey v Blasdom Pty Limited T/as Ascot Freightlines & Anor [ 2003] NSWCA 146 Saggers v Environment Protection Authority [2013] NSWADT 204; Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189. Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7, (1994) 1 QAR 464 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47
Category:	Principal judgment
Parties:	Sayed Akbar Jaffarie (Applicant) Workers Compensation Commission (Respondent)
Representation:	Counsel: B Tronson (Respondent)   Solicitors: P Buttar (Applicant) Workers Compensation Commission (Respondent)
File Number(s):	1610067

REASONS FOR DECISION

1. The Applicant has sought access to information from the Respondent under the Government Information (Public Access) Act 2009 (“the GIPA Act”). His initial request was for "all records your office is holding the records and government information your office is holding".

2. At the request of the Respondent's Right to Information Officer, Mr Geoffrey Cramp, the Applicant clarified his request as follows:

I am asking for all records and information in your possession in respect of my matter not copied to my solicitor Buttar Caldwell and company or their predecessor.

I want all file loads and telephone records and all records on your database correspondence enter with insurance company and employer's lawyers and WIRO and WorkCover.

Please advise me if Mr. Roach is a judicial officer and whether his records are also available under GIPA.

3. Mr Cramp understood the Applicant's access application to be an application for copies of his files and correspondence with the Workers Compensation Independent Review Officer (“WIRO”) and WorkCover. In response to that request Mr Cramp advised:

I will copy the four commission files for you.

I will also search for any correspondence with the WIRO and WorkCover in relation to your matters.

Mr Roach is a deputy President and it is possible that any notes, etc that he made while determining your appeal would not be available to you under GIPA, I won't know until I see what is on the file.

4. The four Commission files were copied and delivered to the Applicant.

5. The Applicant has made an application to the Tribunal for external review of the…