NSW directions hearing and submission of summons applications

Discussion in 'Other/General Law Forum' started by faustus, 22 November 2018.

  1. faustus

    faustus Well-Known Member

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    I have a directions hearing coming up. The matter is a privacy breach against a government agency.

    My complaint is very detailed and includes:

    1. Allegations, which are serious and some of which involve (alleged) corrupt conduct
    2. Reasoning for this allegation, including evidence I have that is compelling in its own right
    2. What document is required in order to further support or refute my allegation

    I have yet to receive the counter argument from the respondent, but it's entirely possible that they will concede to some of my allegations.

    My questions are as follows:


    1. I have prepared a summons application detailing the documents I would like from the respondent. Is the directions hearing the appropriate time to provide it to both the Senior Member hearing the case and the respondent?

    2. If I don't submit the summons application at the directions hearing, can it still be submitted shortly thereafter? That is, am I correct in thinking that such a hearing is the best time to do so, but that if I don't, the window of opportunity has not closed?

    Under s 84(1)(b) of the Administrative Decisions Tribunal Act, "A summons for the purposes of this Act may be issued by the Registrar at the direction of the Tribunal."

    3. At the directions hearing, can the Tribunal order the agency to provide those documents without me submitting a summons application? In other words, is it possible that my argument could sway the Senior Member into thinking, "yes, it is kinda strange that the agency would to x, y and z. I think I'd like to see that document as well" and order that the documents be produced?

    Any advice would be appreciated!
     
  2. Rob Legat - SBPL

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    I’m assuming this is an application to the Administrative Appeals Tribunal because the Information Commissioner has declined to deal with the complaint, or you don’t agree with the outcome?

    If that’s the case then I think the following answers all your questions:

    You don’t need to summons anything yet. The Information Commissioner must provide copies of all relevant documents to the Tribunal, and a copy to you, under section 37 of the AAT Act within 28 days of receiving your application. If you haven’t received them/haven’t received relevant documents, raise it at the directions hearing. The AAT has a power to compel their production.

    Summons are supposed to be for third parties – not the decision maker.
     
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  3. faustus

    faustus Well-Known Member

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    Thanks for your reply. This is under the state legislation, so slightly different process. The agency does an internal review, and the Privacy Commissioner has oversight.

    The problem is that the internal review was such bad quality that the there is an absence of documents. If the Tribunal has to review the conduct and make a decision, they would need those documents just as much as I do.

    But I shall bring it up at directions. TY
     
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