Rawan Arraf v NSW Crime Commission

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Rawan Arraf v NSW Crime Commission [2022] NSWCATAD 81

Hearing dates:

On the papers

Date of orders:

11 March 2022

Decision date:

11 March 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

H Dixon SC, Senior Member

Decision:

The access application to the New South Wales Crime Commission made on 4 June 2021 is not a valid application pursuant to s 43(2) of the Government Information (Public Access) Act 2009 (NSW) and accordingly application 2021/00312080 made on 3 November 2021 is dismissed.

Catchwords:

GOVERNMENT INFORMATION – access application – whether information “excluded information” – whether invalid application

Legislation Cited:

Administrative Decision Review Act 1997 (NSW);

Criminal Assets Recovery Act 1990 (NSW); Crime Commission Act 2012 (NSW); Government Information (Public Access) Act 2009 (NSW)

Cases Cited:

Achieve Australia Ltd v Department of Family and Community Services (NSW) [2014] NSWCATAD 171

Beregi v Department of Planning, Industry and Environment [2020] NSWCATAP 185

Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253

Christopher v Independent Commission Against Corruption [2021] NSWCATAD 256

Chu Kheng Lim v Minister for Immigration [1992] HCA 64

Coleman v Power (2004) 220 CLR 1

Coppock v Willoughby City Council [2021] NSWCATAD 166

DNM v NSW Ombudsman [2019] NSWCATAP 77

DRJ v Commissioner of Victims Rights; DRK v Commissioner of Victims Rights; DRL v Commissioner of Victims Rights; DRM v Commissioner of Victims Rights; DRN v Commissioner of Victims Rights [2019] NSWCATAD 195

Hooper v Willoughby City Council [2021] NSWCATAD 208

New South Wales Crime Commission v Hindmarch [2019] NSWSC 1801

Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130

Texts Cited:

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Racial Discrimination

The International Covenant on Civil and Political Rights

The Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

Category:

Principal judgment

Parties:

Rawan Arraf (Applicant)
New South Wales Crime Commission (Respondent)

Representation:

Solicitors:
Applicant (Self Represented)
Crown Solicitor (Respondent)

File Number(s):

2021/00312080

Publication restriction:

None

Reasons for decision

Background

1. In separate jurisdictions the Applicant acts for a number of persons who are said to be victims of acts of violence committed in overseas countries during the period August 2014 and November 2014. The acts of violence are said to have been carried out by a number of persons including someone identified as “KS”, an Australian citizen.

2. By application dated 3 November 2021 the Applicant seeks to invoke the jurisdiction of the Tribunal to review a decision of the New South Wales Crime Commission (“the Respondent”) made on 8 June 2021 refusing access to 3 categories of documents sought by the Applicant by way of an application for information under the Government Information (Public Access) Act2009(NSW) (“the GIPA Act”).

3. In its decision of…