Walker v Pittwater Council

[2016] NSWCATAD 78

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Walker v Pittwater Council [2016] NSWCATAD 78
Hearing dates:	16 February 2016
Date of orders:	27 April 2016
Decision date:	27 April 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	Hennessy LCM, Deputy President
Decision:	Approval is granted to Mr Walker to lodge an application with the Pittwater Council under the Government Information (Public Access) Act 2009 in the terms set out in these reasons.
Catchwords:	ADMINISTRATIVE LAW – access to government information – restraint order in place – leave required for applicant to apply for access to information under Government Information (Public Access) Act 2009 – two applications lodged for approval – relevant considerations when exercising discretion to approve or not approve applications
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), s 29 Freedom of Information Act 1982 (Cth), s 89K Government Information (Public Access) Act 2009 (NSW), s 3, s 55, s 58, s 72, s 109, s 110
Cases Cited:	Assal v Department of Health Housing and Community Services, (1992) EOC 92-409, 78,897 Gauci v Kennedy [2006] FCA 869 Langley v Niland [1981] 2 NSWLR 104 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180; 87 ALJR 618 Margan v University of Technology, Sydney [2003] NSWADTAP 65 Minister for Immigration and Citizenship v Li [2013] HCA 18 Pittwater Council v Walker [2015] NSWCATAD 34 Pridmore v Magenta Nominees Pty Ltd [1999] FCA 152 R v Australian Broadcasting Tribunal; Ex parte 2hd Pty Ltd [1979] HCA 62; (1979) 144 CLR 45 Rana v University of South Australia [2004] FCA 559; (2004) 136 FCR 344 Salemi v MacKellar (No 2) (1977) 137 CLR 396; 14 ALR 1 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Walker v Pittwater Council [2015] NSWCATAD 222
Texts Cited:	Rees Rice and Allen, Australian Anti-Discrimination Law (2nd ed 2014, The Federation Press)
Category:	Procedural and other rulings
Parties:	Philip Walker (Applicant) Pittwater Council (Respondent)
Representation:	P Walker (self-represented) S Gallery (Respondent)
File Number(s):	1510807 and 1510808
Publication restriction:	Nil

reasons for decision

Overview

1. On 20 March 2015 the Tribunal made a restraint order in relation Mr Walker: Pittwater Council v Walker [2015] NSWCATAD 34. That order requires him to obtain the Tribunal’s approval before lodging applications with Pittwater Council for access to information under the Government information (Public Access) Act 2009 (NSW) (GIPA Act). These reasons deal with two such applications.

2. The main issue is the scope of the Tribunal’s discretion to allow a person who is the subject of a restraint order to apply for access to information. That discretion is unconfined but in light of the subject matter, scope and purpose of the GIPA Act I have concluded that the main consideration is the substance or merit of the proposed applications. It is not relevant to consider whether the applications are frivolous, vexatious or misconceived.

3. I have decided to approve both Mr Walker’s applications…