• 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 Continuously Obstructs Public’s Rights toAccess Open Justice Principles, 20.12.2021
The NSW Civil & Administrative Tribunal, NCAT, has again today unnecessarily obstructed the public’s right to access open justice principles relating to the attendance of NCAT Hearings in the public gallery.
The principle of open justice can be clearly explained by the words of J McHugh (1986), where he stated “The fundamental rule of our common law legal system is that the administration of justice must take place in open courts. A court can only depart from that rule where its observance would frustrate the administration of justice or some other public interest for whose protection Parliament has modified the open justice rule. The principle of open justice also requires that nothing should be done to discourage the making of fair and accurate reports of what occurs in the courtroom.”
It is solid caselaw and is relied upon regularly in the court system, as well as the NCAT albeit the NCAT is categorised as a tribunal and not a court.
However, the public has particularly since the onset of the recent pandemic, found it more and more difficult to access the NCAT as an open court forum, whether that access be required for general public interest or media reporting.
The public has in fact reported numerous instances where they are subjected to scrutiny by NCAT Registry Staff, and where they are pressed to identify themselves, whereby they are subsequently told they have been refused access to NCAT Hearings.
NSW Freedom of Information advocate Telina Webb today also contacted the NCAT Registry to obtain the dial-in details for a particular case conference relating to an administrative review. Ms Webb was asked by the Registry to identify herself and to disclose whether or not she was a media representative, but only to be told thereafter that the Hearing was confidential and that as such the public were excluded.
Ms Webb has since confirmed the case conference of 3.00pm today for Zonnevylle v Dept of Education was not in fact confidential. Another member of the public has confirmed she too was denied the dial-in details for Mr Zonnevylle’s case on the false premise the case conference was confidential.
“We need more people in the public gallery to ensure policy, procedure, and the rights of particularly those self-represented parties are upheld. The public should be extremely concerned the NCAT and its staff are blatantly making misrepresentations to the public and shutting them out, unethically if not unlawfully,” stated Ms Webb.
“NCAT’s “public service” has declined markedly since the onset of the pandemic, where the pandemic itself has become the perfect excuse to procrastinate proceedings, frustrate self-represented parties, and to exclude interested members of the public from rightfully attending hearings. It is completely dictatorial and is in stark contrast to NCAT propaganda asserting NCAT is an informal forum when it is quite obviously not,” stated Ms Webb. “Today is not the first time I’ve been refused access to the digital public gallery, for cases that were simply administrative reviews.”
“This is not the only serious issue within NCAT, as it is also on the record disclosing its numerous problems providing accurate and / or complete Hearing Recordings, which causes significant difficulties for those seeking appeals on NCAT decisions, and now it is saying it will pick and choose which members of the public will enter the digital public gallery, if any at all,” stated Ms Webb.
With recordings often inaccurate or missing, and the public excluded from hearings, a self-represented party to NCAT proceedings is likely to find themselves unable to qualify earlier crucial Hearing dialogue, being left with nothing more than hearsay, particularly when NCAT Decisions rarely accurately reflect what occurs during proceedings.
As documented on the community service website www.nswfreedomofinformation.net, the public are beginning to openly voice their concerns about the level of service currently practiced by a number of NSW agencies including the NCAT. The message should be clear, the public feels agencies are failing and that there is much to be done to bring current protocols into greater alignment with the public’s expectations.
This recent confirmation NCAT is now continuously on the record scrutinising and disqualifying those who wish to take their legitimate seat in the digital public gallery of open justice should be of serious concern to the public and the NSW Attorney General Mr Speakman, as the NCAT acts to obstruct fundamental rights and pervert the principles of open justice, in contradiction to J Hugh’s (1986) broadly accepted position.
• Telina Webb can be contacted on 0493 211 635

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.