tag:blogger.com,1999:blog-18815215.post5005983195489517542..comments2024-03-03T19:26:23.287+11:00Comments on Open and Shut: Distinguishing vice regal functions from administrative mattersPeter Timminshttp://www.blogger.com/profile/04589018910216965607noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-18815215.post-33835232463909065202011-08-22T17:39:49.946+10:002011-08-22T17:39:49.946+10:00Dr Popple's reasoning is very similar to the r...Dr Popple's reasoning is very similar to the reasoning in HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 which arose under the NSW Privacy law, in relation to a provision that differentiated between categories of administrative functions. The decision has been applied in subsequent decisions of the Tribunal. It is to be contrasted with the the Tribunal's conclusion in another case which related to a provision of the NSW FOI Act. The FOI Act provision referred generically to an agency's 'administrative functions'. In that case the Tribunal took a broader view, similar to the one pressed by the applicant before Dr Popple, see N (No. 3) v Commissioner of Police, New South Wales Police Service [2002] NSWADT 34 (upheld on referral of question of law by the Supreme Court in Commissioner of Police New South Wales v "N" [2003] NSWSC 943 ).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18815215.post-26602666259364432942011-08-19T06:18:12.299+10:002011-08-19T06:18:12.299+10:00I understand the decision will be appealed in the ...I understand the decision will be appealed in the Administrative Appeals Tribunal.Anonymousnoreply@blogger.com