ADMINISTRATIVE LAW — judicial review — review of Appeal Panel decision — where plaintiff applied to Appeal Panel for administrative review of a decision of the Commissioner of NSW Police Force under the Government Information (Public Access) Act 2009 (NSW) — no error established — further amended summons dismissed
ADMINISTRATIVE LAW — judicial review — review of decisions of tribunal — where plaintiff applied for administrative review of decisions concerning alleged breaches of the Privacy and Personal Information Protection Act 1998 (NSW) by the Commissioner of NSW Police Force — no error established — further amended summons dismissed
Quick Take
1Section 63(1) of the Administrative Decisions Review Act 1997 (NSW) requires the Tribunal conducting administrative review to have regard to 'the material then before it' including 'any relevant factual material'; there is no mandatory requirement that all information before the original decision-maker be placed before the reviewing Tribunal.
2An order under s 59 of the Administrative Decisions Review Act 1997 (NSW) relieving an administrator of the obligation to lodge confidential documents does not, without more, constitute a denial of procedural fairness or an abuse of process, particularly where the orders are expressly interim and the Tribunal contemplates further submissions on future disclosure.
3Section 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW) is broad, facultative and discretionary, and empowers the Tribunal to decide to take no further action where the conduct complained of is insufficiently particularised and the applicant declines to engage with the proceedings.
