NSW Dept of Communities & Justice Discloses Inaccuracies in NCAT Members Terms & Conditions Handbook, 24.08.2022
Freedom of Information Advocate Telina Webb has received a formal response concerning her request for information about Tribunal Members of the NSW Civil & Administrative Tribunal (NCAT).
The request sought information about the content of the NCAT Members Terms & Conditions Handbook, particularly Item 7.3 Professional Development of the members.
The Handbook is endorsed and approved by NCAT President, the Honorable Justice Lea Armstrong.
Item 7.3 Professional Development states:
QUOTE “As professionals receiving an executive level of remuneration, Members must take responsibility for their own professional development and learning including keeping up to date with technological changes. The Tribunal will provide Members with some training, assistance and information. Members, however, must ensure they are up to date with developments in law, practice and procedure. Members are required to participate in mandatory professional development activities, for which they will be paid at the specified rate. Members who participate in non-mandatory professional activities are expected to do so without payment.
NCAT is developing a professional development framework that applies to all Members. Compliance with the requirements of professional development is an element of the NCAT Member Code of Conduct” UNQUOTE.
Ms Webb requested a copy of the professional development framework for tribunal members from the NSW Dept of Communities & Justice (Justice NSW).
However, Justice NSW determined there was no such information to be found, stating in a Notice of Decision from the Department’s Right to Information Officer who only identified herself as Rachel, Solicitor, “I have been advised by the relevant business unit that searches for the information sought found nil result.”
‘Rachel’ did not provide any supporting information to validate either what business unit she was referring to or indeed what search parameters were used to look for the requested information, nor was there any evidence any searches had been undertaken.
Ms Webb stated, “Regrettably, the public can have no faith in any Notice of Decision that does not properly identify a Right to Information Officer, nor provide any evidence that any actual searches were conducted, particularly when these are documents which support an application for a formal judicial review.”
Absent of evidence supporting her Decision ‘Rachel’ did however make lots of reference to the Department’s concern those seeking to exercise their legally enforceable rights (supposed) to access government information, might be fixated, vexatious, querulous litigants, terms originating from the NSW Ombudsman in September 2014. Ms Webb expected the request for information to produce documentation in accordance with the content of the Presidential document.
“Understandably, I expected the President of the NCAT to be fully informed about the integrity and accuracy of her policy documents well-prior to giving them her personal tick of approval for publication and circulation. The reality is however, the subject policy document did not align with the claims therein.”
Ms Webb’s request for information also asked for copies of payment claims lodged with Justice NSW for member wages. The Department pressed Ms Webb to amend the scope of her request, to read “blank payment claims”. Initially the Department had determined “members could not be expected to recall what completed claim forms they’d lodged”.
“I didn’t ask the members to provide the payment claims, I asked Justice NSW to provide the copies lodged with it. Maybe they don't exist either.”
Contact: Justice NSW, (02) 9716 2662
NCAT, 1300 006 228
The request sought information about the content of the NCAT Members Terms & Conditions Handbook, particularly Item 7.3 Professional Development of the members.
The Handbook is endorsed and approved by NCAT President, the Honorable Justice Lea Armstrong.
Item 7.3 Professional Development states:
QUOTE “As professionals receiving an executive level of remuneration, Members must take responsibility for their own professional development and learning including keeping up to date with technological changes. The Tribunal will provide Members with some training, assistance and information. Members, however, must ensure they are up to date with developments in law, practice and procedure. Members are required to participate in mandatory professional development activities, for which they will be paid at the specified rate. Members who participate in non-mandatory professional activities are expected to do so without payment.
NCAT is developing a professional development framework that applies to all Members. Compliance with the requirements of professional development is an element of the NCAT Member Code of Conduct” UNQUOTE.
Ms Webb requested a copy of the professional development framework for tribunal members from the NSW Dept of Communities & Justice (Justice NSW).
However, Justice NSW determined there was no such information to be found, stating in a Notice of Decision from the Department’s Right to Information Officer who only identified herself as Rachel, Solicitor, “I have been advised by the relevant business unit that searches for the information sought found nil result.”
‘Rachel’ did not provide any supporting information to validate either what business unit she was referring to or indeed what search parameters were used to look for the requested information, nor was there any evidence any searches had been undertaken.
Ms Webb stated, “Regrettably, the public can have no faith in any Notice of Decision that does not properly identify a Right to Information Officer, nor provide any evidence that any actual searches were conducted, particularly when these are documents which support an application for a formal judicial review.”
Absent of evidence supporting her Decision ‘Rachel’ did however make lots of reference to the Department’s concern those seeking to exercise their legally enforceable rights (supposed) to access government information, might be fixated, vexatious, querulous litigants, terms originating from the NSW Ombudsman in September 2014. Ms Webb expected the request for information to produce documentation in accordance with the content of the Presidential document.
“Understandably, I expected the President of the NCAT to be fully informed about the integrity and accuracy of her policy documents well-prior to giving them her personal tick of approval for publication and circulation. The reality is however, the subject policy document did not align with the claims therein.”
Ms Webb’s request for information also asked for copies of payment claims lodged with Justice NSW for member wages. The Department pressed Ms Webb to amend the scope of her request, to read “blank payment claims”. Initially the Department had determined “members could not be expected to recall what completed claim forms they’d lodged”.
“I didn’t ask the members to provide the payment claims, I asked Justice NSW to provide the copies lodged with it. Maybe they don't exist either.”
Contact: Justice NSW, (02) 9716 2662
NCAT, 1300 006 228