• HOME
    • About
    • Expectations v Reality
    • Accessing Information
    • The Rule of Law
    • Advocacy - McKenzie Friend
    • Black-Eyed Susan - Symbol of Justice
    • Site Administrator
    • Meet Our Mascot
    • Big Girls Don't Cry
  • MEDIA RELEASES
    • Media - 2024 to 2025
    • Media - 2021 to 2023
    • Media Policy
  • INJURIOUS CLAUSES
    • GIPA Act - Section 14 Table 3(f)
    • GIPA Act - Section 110
    • GIPA Act - Section 110 Costs
    • NCAT Act - Section 49
    • NCAT Act - Section 60
    • NCAT Act - Section 64
  • IMPOTENT ACTS
  • FORUM
    • Understand the Executive Narcissist
    • Stand-Out NSW Agencies
    • Rate Your Agency
    • Rate the IPC
    • Rate The NCAT
    • Rate NSW Dept of Justice
    • Rate NSW Office of Local Govt
    • Documenting Agency Responses
    • Ministerial Enquiries & Petitions
NSW Civil & Administrative Tribunal Fails to Adequately Respond to the Needs of its Users and Ensure Equity Between the Parties, 15.02.2023
On Friday 10th February 2023 the NSW Civil & Administrative Tribunal (NCAT) issued Orders in relation to a review of Conduct under Section 53 of the Personal Information & Privacy Protection Act (PIPP Act) 1998, Orders which have failed to equally and adequately respond to the needs of one of the parties. A review under the PIPP Act Section 53 focuses on the conduct of particular agency personnel in the management and use of an individual's personal information.
The case of EFB v Commissioner of Police, NSW Police Force currently sees a self-represented, nonlegal practitioner facing an opponent represented by the NSW Crown Solicitor’s office.
The public agrees such adversarial circumstances easily qualifies as a lacking in equity between the parties, however, with “EFB” currently residing in Tasmania it presents additional hurdles for one who does not have access to legal resources.
In response to an application to adjourn the listing date for this case, on Friday 10th February at 2pm the NCAT advised “EFB” to seek the consent of the respondent, Police, to do so. However, the NCAT further stipulated that any supporting documentation and commentary about the application to adjourn should be provided in writing to the NCAT by Monday 13th February 2023, 12.00pm.
The Orders further advised the issue of the application to adjourn the listing date was one that could be determined by NCAT ‘on the papers’, meaning without a Hearing and in NCAT Chambers.
Both parties were instructed to also file submissions concerning any objection or consent to a determination on the papers, by the same deadline.
“Speaking with ‘EFB’ who was clearly distressed about the Orders received, it became evident that Monday 13th February 2023 was a Public Holiday in Tasmania. NCAT’s expectations a self-represented, nonlegal practitioner as party to proceedings should have no difficulty in accessing any locally based Justice of the Peace service on a public holiday, or over a long weekend, is indicative of the disinterest in any equality between parties, particularly where one is legally represented and richly-resourced with access to the Office of the Crown Solicitor.
Unfortunately, this is nothing new. NCAT file repositories are overflowing with cases such as this, where there is no or little allowance for the difficulties the general public regularly face when calling NSW government agencies to account,” stated NSW Freedom of Information’s Telina Webb.

“This individual, “EFB”, is also expected to compile detailed documentation, gather supporting evidence, and articulate submissions without any resources whatsoever, under a totally unreasonable timeframe. What’s even more concerning is the fact that “EFB’s” inability to comply with the Orders could result in contempt of the NCAT, or the dismissal of the application to adjourn the listing date. Either way it is also a possibility any documentation originating from the Police’ legal team of Crown Solicitors will be accepted and given full consideration on its own should it meet the filing deadline, which is completely unfair,” commented Ms Webb.
The public expects far more from the NSW Civil & Administrative Tribunal (NCAT), particularly when it comes to the issue of when and how it responds to the needs of its users. Those users include the general public, most of which sit at the bar table on their own facing powerful, well-equipped, intimidating adversaries. Legal representatives are not required to obtain the NCAT's approval to act for their clients, however any person who is not a solicitor must obtain NCAT's approval for a McKenzie Friend or Advocate to assist them.
“EFB” is confirmed to have no resources, is a nonlegal practitioner and has no legal representation.
In recent separate proceedings before the NCAT, Ms Kirri Mattes of the Crown Solicitor’s Office (CSO) informed the NCAT it was the role of the Office of the NSW Information & Privacy Commissioner to educate the public about their legislated rights and obligations. Ms Mattes also made clear that the Crown Solicitor’s Office makes its legislative training and education fully accessible to NSW government agencies, training she conceded is completely withheld from members of the public.
Ms Mattes made her disclosures while defending the withholding of CSO educational training manuals and materials which had been requested by Telina Webb, materials the CSO provides to any NSW government agency for a fee.
When consideration is given to available resources of an agency such as Police, the access to training materials from experienced solicitors the like of Ms Kirri Mattes, and the ready access to large and powerful legal teams at the expense of the public purse, it is easy to form the view that the public enters the NCAT arena as a lamb to the slaughter, and as such should not hope to have any success under those David against Goliath circumstances.
NCAT has endorsed the obstruction of the NSW Crown Solicitor’s training materials from the general public, a decision which is currently under Appeal.
It is another example of the NCAT’s failure to adequately, if not remotely, respond to the needs of its users, all users, not just those paying premium club membership with public monies.
These latest NCAT Orders regrettably reveal the absence of any duty of care for those who approach the NCAT from a position of total disadvantage, particularly when NCAT advertises parties to proceedings can self-represent.

DraftCom Pty Ltd t/as NSW Freedom of Information ABN: 87 076 511 941 PO Box 8030 Marks Point NSW 2280 P: 1300 679 364 or 1300 NSW FOI F: (02) 8246 3484 Hrs: Monday to Friday - 9.30am to 4.30pm
E: info@nswfreedomofinformation.net
Copyright (c) 2021. All rights reserved. Created in Sitebeat.
Acknowledgement of First Nations Australia We acknowledge the Awabakal people as the Traditional Custodians of this area. We recognise their continuing connection and protection of the land, the waterways, and ecosystems since time immemorial. We extend our respect to all First Nations people and we respect the Elders past and present.
Black-Eyed Susan - Symbol of Justice
DISCLAIMER: The Information on this Site does not constitute legal advice, and is not intended to be a substitute for legal advice and should not be relied upon as such. The information on this Site is general in nature, comprises publically available information, as well as the personal experiences and opinions of members of the community. NSW Freedom of Information asks every member of the community to respect the content of this Site, some of which has been provided by trusting third parties, and asks that permission is sought first before using the information herein, sharing the information herein, or copying or republishing the information herein.

We use cookies to enable essential functionality on our website, and analyze website traffic. By clicking Accept you consent to our use of cookies. Read about how we use cookies.

Your Cookie Settings

We use cookies to enable essential functionality on our website, and analyze website traffic. Read about how we use cookies.

Cookie Categories
Essential

These cookies are strictly necessary to provide you with services available through our websites. You cannot refuse these cookies without impacting how our websites function. You can block or delete them by changing your browser settings, as described under the heading "Managing cookies" in the Privacy and Cookies Policy.

Analytics

These cookies collect information that is used in aggregate form to help us understand how our websites are being used or how effective our marketing campaigns are.