NSW Civil and Administrative Tribunal

TAXES AND DUTIES — Land tax — Applicants fail to notify Respondent of omitted information and errors in assessment — Errors ultimately corrected and revised assessment made — Interest imposed — Whether there are grounds for remission

ADMINISTRATIVE LAW — Access to government information — code of conduct investigation findings −Council resolved not to adopt recommendations because not satisfied allegations had been substantiated −effect of resolution −role of Tribunal…

HUMAN RIGHTS — discrimination — equal opportunity — leave required for complaint to proceed — principles applying to grant of leave — disability discrimination — provision of goods and services

HUMAN RIGHTS — discrimination on transgender grounds in provision of goods and services — leave required for complaint to proceed — whether leave should be granted — whether police provide a service of responding to reports of abuse and…

INTERLOCUTORY PROCEEDINGS — application to prohibit disclosure of applicant’s name — where applicant is a transgender person who does not publicly disclose that she is transgender — whether desirable to make a non-disclosure order…

ADMINISTRATIVE LAW — Freedom of information — Personal Information — Access to information — Whether excessive delay — Whether unreasonable and substantial diversion of resources

ADMINISTRATIVE LAW — administrative review — government information — access application — enforceable right to access government information — presumption in favour of the disclosure of government information — conclusive presumption of…

HUMAN RIGHTS — discrimination — equal opportunity — leave required for complaint to proceed — principles applying to grant of leave — disability discrimination in employment — age discrimination in employment — victimisation — causation

ADMINISTRATIVE LAW — Freedom of information — Access to information — Ground for refusing access

ADMINISTRATIVE LAW — privacy — information protection principles — alteration of personal information — amendment — accuracy — res judicata — dismissal of proceedings as being vexatious and an abuse of process

HUMAN RIGHTS — discrimination — equal opportunity — interim orders sought under section 105 Anti-Discrimination Act 1977 (NSW) — principles applying to grant of interim orders — indirect disability discrimination — education — victimisation

ADMINISTRATIVE LAW — administrative review — Government Information — access — correct and preferable decision — balancing the public interest — reasonable searches — personal information of an individual — confidential information…

ADMINISTRATIVE LAW — Government Information (Public Access) Act — Whether agency has power to vary decision — consent to disclosure of excluded information — information already disclosed

HUMAN RIGHTS — Discrimination — provision of goods and services — accommodation — whether less favourable treatment on the ground of race

ADMINISTRATIVE LAW — administrative review — government information — whether Tribunal can make a determination or decision about the information identified as responsive to the access request — whether excluded information — whether…

ADMINISTRATIVE LAW — administrative review — review by Civil and Administrative Tribunal — GAMING — gaming machines — connectivity to CMS system — cash withdrawal facilities on ATMs — credit card accounts — breaches — penalties…

ADMINISTRATIVE LAW — joinder of parties — whether applicants for joinder may be proper parties — whether objectors and commercial competitors should be joined — whether competitors represent community views

ANTI-DISCRIMINATION — Vilification — on grounds of homosexuality — Victimisation

HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) --- race discrimination in the provision of goods and services — where President of Anti-Discrimination Board declined a complaint of race discrimination in the provision of…

Administrative Law — Freedom of information — Government information public access — Public interest test — Whether public interest considerations against disclosure outweigh considerations favouring disclosure — Confidential mediation…

Revenue — Land tax — Exemptions — Principal place of residence exemption — Residence comprised of two or more lots — Whether separate buildings erected on separate lots — Whether building encroachment across lot boundary prevents…

TAXES AND DUTIES — Administration — Assessment — Objection to assessment — agreement liability date — meaning of date in s 161 of the Duties Act 1997 — interest — market rate component, remission of premium interest component

ADMINISTRATIVE LAW — Land tax — Surcharge land tax — Foreign person

VICTIMS Support — Administrative law — Limitation period — whether discretion to extend time — whether evidence establishes intent to commit sexual assault — whether such intent constitutes an act of violence in the nature of sexual…

ADMINISTRATIVE LAW — administrative review — application seeking review of Registrar’s decision to refuse access to public access documents — decision made under r 42(2) of procedural rules — no review power — whether Tribunal can…

REVENUE LAW — State taxes — duties — first home buyer — exemption — residence requirement — time and pattern of occupation — discretion to change — REVENUE LAW — assessment — objection — appeal — ADMINISTRATIVE LAW — reviewable decision…

REVENUE LAW — State taxes — land tax — assessment — objection — appeal — REVENUE LAW — tax default — interest — Chief Commissioner’s Guidelines — remission — ADMINISTRATIVE LAW — reviewable decision — correct and preferable decision…

HUMAN RIGHTS — Discrimination — Factors relevant to power to award costs in favour of a successful respondent

COSTS — Confidentiality

ADMINISTRATIVE LAW — Government Information (Public Access) Act 2009 — conclusive presumption against disclosure — overriding public interest against disclosure — public interest factors in favour of disclosure — onus on respondent…

ADMINISTRATIVE LAW — Government Information Public Access Act 2009 (NSW); confidential information — onus of proof — conclusive presumption against disclosure — overriding public interest against disclosure — public interest factors in…

ADMINISTRATIVE LAW — administrative review — government information — access application — enforceable right to access government information — presumption in favour of the disclosure of government information — overriding public interest…

ADMINISTRATIVE LAW — child protection — working with children check clearance — refusal of clearance — refusal of applicant to be available for cross-examination — risk assessment — real and appreciable risk to the safety of children

Administrative law — administrative review — government information — conclusive presumption of an overriding public interest against disclosure — legal professional privilege — public interest test — whether information is confidential…

HUMAN RIGHTS — discrimination — victimisation — leave required for complaint to proceed — whether leave should be granted — whether the Tribunal should make an order prohibiting disclosure of the applicant’s name — relevance of open…

ADMINISTRATIVE LAW — administrative review — assessment — objection — review by Civil and Administrative Tribunal — STATE TAXES — surcharge purchaser duty — interest — remission — TAA 001: Remission of Interest Guidelines

REVENUE LAW — State taxes — application for registration of motor — transfer — duty — objection — appeal — fairness — estoppel — hardship — exemption — “just and reasonable” — REVENUE LAW — interest — tax default — Chief Commissioner’s…

TAXES AND DUTIES — Land tax — Surcharge land tax — Foreign person

ADMINISTRATIVE LAW — Revenue — surcharge land tax − foreign person — inconsistency with internation double taxation agreement between Australia and Germany — whether amending legislation with retrospective effect invalid — whether…

ADMINISTRATIVE LAW — administrative review — Government Information — access — correct and preferable decision — conclusive presumption of a public interest considerations against disclosure — legal professional privilege — reasonable…

REVENUE LAW — State taxes — land tax — assessment — objection — appeal — REVENUE LAW — interest — tax default — Chief Commissioner’s Guidelines — exceptional circumstances — remission — financial system network — failure — ADMINISTRATIVE…

ADMINISTRATIVE REVIEW — privacy — complaint by person aggrieved — disclosure of personal information by public sector agency — internal review of conduct by public sector agency — personal information definition — exemption from…

Administrative Law — licensing — passenger transport licensing — bus driver authority — traffic record — fit and proper person.

PROCEDURE — summary dismissal — exercise of power to dismiss Application pursuant to 55 (1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) because of a want of prosecution of the proceedings

ADMINISTRATIVE LAW — administrative review — refusal to issue prohibited weapons permit for a silencer — whether necessary in the conduct of the applicant’s business

ADMINISTRATIVE LAW — administrative review — assessment — objection — review by Civil and Administrative Tribunal — late application for review — extension of time — STATE TAXES — interest — market rate — premium rate — penalty tax…