Changes to review of GIPA Act decisions and privacy matters

  • 15 Mar 2016

The NSW Civil & Administrative Tribunal recently announced changes to the review of The Government Information (Public Access) Act 2009 decisions and privacy matters.

Changes have been introduced which institute new procedures for applications that deal with decisions made under the following pieces of legislation:

  • Government Information (Public Access) Act 2009 (GIPA Act)
  • Privacy and Personal Information Protection Act 1998
  • Health Records and Information Privacy Act 2002

Rather than the previous procedure whereby the same Tribunal Member case managed and heard the matter, the Tribunal will now require matters which are identified as being suitable for mediation to be mediated by a Tribunal Member or specialist mediator prior to being set down for hearing. Therefore the new procedure will entail the listing of the matter for a planning meeting or case conference and thereafter if deemed to be suitable for mediation, the matter will proceed to mediation. If the matter fails to settle at mediation it will then be listed for a directions hearing and will be listed before a Member that did not conduct the mediation. At the directions hearing further procedural directions will be made and the matter will be listed for hearing.

The Tribunal hopes that these changes will lead to an earlier resolution of disputes and reduce the time taken for any unresolved matters to reach hearing.

Post by Karen Kumar and Cameron Leaver

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