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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 27
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ADMINISTRATIVE DECISIONS TRIBUNAL REVIEWS UNDER THE GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT: GUIDELINE 1. Purpose This Guideline provides information about the Tribunal’s practice in relation to reviews of decisions made under the Government Information (Public Access) Act 2009 (GIPA Act). 2. Application for Review The Tribunal will send: b) a letter to both parties advising the date of the first planning meeting. The agency is to provide the following documents to the applicant, the Information Commissioner, and the Tribunal:
b) copies of the applications and decisions made under the GIPA Act with respect to the matter, including those relating to any internal review c) a schedule of documents, identifying in tabular form each document in dispute by number and giving details of its date, nature, and author, and of the basis on which access was refused. In addition the agency shall give to the Tribunal the documents under review on a confidential basis:
b) documents considered to be subject to a non-conclusive overriding public interest against disclosure to be sent to the Tribunal in a sealed envelope marked ‘non-disclosure documents’. 3. Planning Meeting At the planning meeting the Judicial Member will:
b) assess the complexity of applications c) assist the parties by determining future procedures. The Judicial Member will explore four options as possibilities for resolution of the dispute:
b) formal mediation under Chapter 6, Part 4 of the Administrative Decisions Tribunal Act 1997 (the ADT Act) c) formal preliminary conference under s 74 of the ADT Act d) referral to hearing. If a mediation or formal preliminary conference are not suitable (or have been tried and failed), the Judicial Member will normally refer the dispute to a hearing, unless the parties require further time to clarify the issues or negotiate. If either party believes that it will be necessary to issue a summons to witness or to produce documents, an application to issue summons should be made to the Judicial Member at the planning meeting (refer to the Summons Guideline). Directions will normally be based on standard filing directions and in most cases there will be no further requirement for attendance at the Tribunal by the parties until the date of hearing. The standard filing directions are available on the Tribunal’s website at www.lawlink.nsw.gov.au/adt. 4. Role of the Information Commissioner The Information Commissioner has a right to appear and be heard in the ADT in applications for review under the GIPA Act or an appeal of those proceedings. Issued: 6 May 2011 |
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