ABOUT:

This website seeks to inform the public of challenges when using the NSW Civil & Administrative Tribunal (NCAT).

 

BACKGROUND:

The public has the right & reasonable expectation of proper conduct by public servants.

Government agencies make decisions which can have significant negative impacts on members of the public.

In any case,those decisions are required to comply with the law.

This does not happen in many,many cases and a victim may seek to challenge the legitimacy of the agency’s actions.

For many,this is uncharted & confusing territory.

 

FREEDOM OF INFORMATION RIGHTS:

One avenue in the process is the use of Freedom of Information laws.

In NSW this is now known as the Government Information Public Access Act (GIPA Act)

The GIPA Act  provides the public with the right to access government documents which can be used in decision making.

The purpose (or GIPA Act object) to provide transparency & accountability for government decisions.

However,as widely reported in the media,many government agencies are not interested in being held accountable or shown to have breached laws.

Agency officers are known to

  • flout laws
  • exercise their functions with a lack of good faith
  • make false statements
  • impose unreasonable processing fees &
  • force information applicants into unwanted reviews

to dissuade access to possibly incriminating information.

This can force you into unnecessary legal action such as seeking an administrative review through NCAT.

 

NCAT REVIEW RIGHTS:

When the agency refuses to provide the government information requested,one of the few “cost effective” solutions is to seek a review by NCAT.

NCAT is supposed to provide “just”,”quick”,”cheap” resolution to such issues with “minimal formality”

Members of the public would make the reasonable assumption that NCAT will uphold & enforce laws which are their to protect the public.

In other words “justice”.

But in many instances,this is far from the reality.

NCAT is a fatally flawed agency which,in too many instances,fails it’s purpose.

 

ISSUES:

The public has the right & reasonable expectation of exemplary conduct by tribunal members.

The public has the right & reasonable expectation of exemplary conduct by NCAT officers

This is not the authors general experience

There are many systemic issues

Whilst there are good tribunal members & NCAT staff,there are many others who appear to consider themselves above the law and above accountability.

A very significant problem is that NCAT has disingenuous & opaque internal oversight of it’s members & staff.

The term “user beware” seems to be appropriate

 

THE EVIDENCE:

The reader can form their own opinion from the information provided on this website.

We strive to provide factual information and integrity.

NCAT and it’s staff are invited to submit feedback concerning any claims or evidence submitted on this website.

 

 

PLEASE  REFER TO OUR DISCLAIMER:

 

*NOTE: GSE Act employed officer conduct which breaches those

GSE ACT Sect.7 Government Sector Core Values LEGISLATED MANDATORY CONDUCT OBLIGATIONS

is reasonably & legitimately considered UNLAWFUL CONDUCT