Zonnevylle v Information Commissioner

[2021] NSWCATAD 366

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Zonnevylle v Information Commissioner [2021] NSWCATAD 366

Hearing dates:

On the papers

Date of orders:

10 December 2021

Decision date:

10 December 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

H J Dixon SC, Senior Member

Decision:

(1) An oral hearing of the application by the Information Commissioner of 1 November 2021 is dispensed with and the application be determined on the papers;

(2) The application by the Information Commissioner for the dismissal under section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) is granted

Catchwords:

PRACTICE AND PROCEDURE – summary dismissal of proceedings under s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 – whether application misconceived because no reviewable decision – whether application misconceived and vexatious

Legislation Cited:

Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009; Administrative Decisions Review Act 1997; Equal Opportunity Act 1984 (Vic); Equal Opportunity Act 1984 (WA)

Cases Cited:

Department of Education v Zonnevylle [2020] NSWCATAD 96; Long v Metramix Pty Ltd [2019] NSWCATAP 198; BDK v Department of Education and Communities [2015] NSWCATAP 129; NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36; Samuel v Medical Council of New South Wales [2020] NSWCATOD 149; Fox v Commissioner of Police [2016] NSWCATAD 77; Cocks Macnish & Anor v Biundo [2004] WASCA 194

Category:

Procedural rulings

Parties:

Peter Zonnevylle (Applicant)
Information Commissioner (Respondent)

Representation:

Applicant (Self Represented)
Crown Solicitor (Respondent)

File Number(s):

2021/247292

Publication restriction:

Nil

Reasons for decision

1. In this matter the Information Commissioner seeks an order that the proceedings brought by Mr Peter Zonnevylle dated 3 September 2021 in which he seeks to invoke the jurisdiction of the Tribunal and then for the making of various orders against the Information Commissioner be dismissed pursuant to s. 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (the CAT Act).

2. The Information Commissioner relies for the dismissal order on s. 55(1)(b) of the CAT Act on the grounds that the proceedings are misconceived, frivolous and vexatious.

Background

3. In Department of Education v Zonnevylle [2020] NSWCATAD 96 the Tribunal made an order pursuant to s. 110 of the Government Information (Public Access) Act 2009 (the GIPA Act) restraining Mr Zonnevylle, who in these reasons will be referred to as the applicant, from making applications for information from certain named agencies, including the Department of Education, without the Tribunal’s approval.

4. By application dated 19 May 2021, the applicant sought the Tribunal’s approval to make an application for information to the Department of Education. Both the Department and the Information Commissioner were notified of this application, which is the subject of Tribunal proceedings number 2021/00140934.

5. On 27 May 2021, the Information Commissioner wrote to the Tribunal to advise that she did not wish to exercise her right to appear and be heard in the Tribunal in those proceedings before the Tribunal. The Information Commissioner also indicated that if the Tribunal considers that the…