Walker v Northern Beaches Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Walker v Northern Beaches Council [2023] NSWCATAD 290

Hearing dates:

17 July 2023

Date of orders:

03 November 2023

Decision date:

03 November 2023

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Higgins, Senior Member

Decision:

The applicant’s application, made on 28 June 2023, for approval under s 110(1) of the GIPA Act, of his proposed access application is refused.

Catchwords:

ADMINISTRATIVE LAW – access to government information – applicant subject to a 2015 restraint order under s 110(1) of the Government Information (Public Access) Act 2009 that restrains him from making an access application without the approval of the Tribunal – application of the applicant to make an access application to the respondent – application refused on the grounds the application lacks merit, is misconceived and is lacking in substance

Legislation Cited:

Civil and Administrative Tribunal Act 1013 (NSW)

Government Information (Public Access) Act 2009 (NSW)

Government Information (Public Access) Amendment Act 2018 (NSW) (repealed)

Cases Cited:

Attorney-General v Wentworth (1988) 14 NSWLR 481

BDK v Department of Education and Communities [2015] NSWCATAP 129

Fernley v Health Care Complaints Commission [2020] NSWCATAD 30

Walker v Pittwater Council [2016] NSWCATAD 78

Pittwater Council v Walker [2015] NSWCATAD 34

Walker v Northern Beaches Council [2021] NSWCATAD 277

Texts Cited:

None Cited

Category:

Principal judgment

Parties:

Philip Walker (Applicant)
Northern Beaches Council (Respondent)

Representation:

Solicitors:
Applicant (self-represented)
Respondent (in house solicitor)

File Number(s):

2023/00206892

reasons for decision

1. The applicant (Philip Walker) has made an application, under s 110(1) of the Government Information (Public Access) Act 2009 (NSW) (GIPA Act), seeking the Tribunal’s approval to make an access application, under s 41 of the GIPA, to the respondent (Northern Beaches Council), in the following terms:

The LIST of communications with the NBC over the last five years, including GIPA Applications up to 30.6.23, with search words P. WALKER, Phil WALKER, Phil WALKER, the Sec Friends of Mona Vale Phil Walker.

2. The approval of the Tribunal is sought because the applicant remains subject to a restraint order made under s 110(1) of the GIPA Act: Pittwater Council v Walker [2015] NSWCATAD 34 (2015 Restraint Order Decision). That order was made, on the application of the former Pittwater Council, on 10 March 2015.

3. On 12 May 2016, Pittwater Council, Manly Council and Warringah Councils were amalgamated into a new council, the Northern Beaches Council: Local Government (Council Amalgamations) Proclamation 2016 cl 34. In Walker v Northern Beaches Council [2021] NSWCATAD 277 at [9], the Tribunal accepted that, by reason of the transitional provision in cl 34(2)(b) of that Proclamation, the 2015 restraining order made by the Tribunal now restrains the applicant from making an access application to the respondent without the approval of the Tribunal.

4. The applicant’s application came before me at a case conference on 17 July 2023. The applicant appeared in person and the respondent appeared by audio link. Written and oral submissions were provided by the applicant and the respondent.

5. The…