Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:

1. This Decision is to be read with and uses the same abbreviations as in my decision on 3 February 2025: Karnauchow v State of NSW [2025] NSWCATAP 24 (the 3 February 2025 decision). The factual background, the proceedings in the Administrative and Equal Opportunity Division, the history of the appeal up to 3 February 2025 and the issues for determination together with two additional issues are set out in the 3 February 2025 decision at [1] to [20].

2. Upon the further consideration of issue 2 in the 3 February 2025 decision at [20(2)], having regard to the judgment of the New South Wales Court of Appeal in Commissioner of Corrective Services v Hamzy [2024] NSWCA 240 (Hamzy CA), other than the provision of two documents to Mr Karnauchow I have decided to otherwise dismiss the 16 December 2024 Application. I have also decided to list the appeal for hearing and make procedural orders for the hearing of the appeal.

3. Before further considering issue 2, I have summarised the further history of the appeal, and the relevant evidence and submissions of the parties, and set out the other applicable statutory provisions.

The further history of the appeal

4. On 10 February 2025 at 11.37 AM, Monica Naumovski, the Solicitor of the Commissioner of Corrective Services (the Commissioner or the CCS), sent an email to the Appeal Registry (the 10 February 2025 at 11.37 AM Naumovski email) attaching documents provided by Mr Karnauchow.

5. On 12 February 2025, the Commissioner lodged Submissions of the Respondent dated 11 February 2025 (the 11 February 2025 CCS Submissions).

6. On 12 February 2025, the Appeal Panel constituted by myself made orders for the amendment of the name of the Respondent from State of NSW (Corrective Services NSW) to Commissioner of Corrective Services, for the non-publication of evidence of Mr Karnauchow's offences, and for the hearing of the 16 December 2024 Application.

7. On 25 February 2025, the Commissioner lodged evidence and Further Submissions of the Respondent dated 24 February 2025 (the 24 February 2025 CCS Submissions) in opposition to the 16 December 2024 Application:

8. On 28 February 2025, the Appeal Panel constituted by myself listed the 16 December 2024 Application for further hearing on 25 March 2025.

9. On 25 March 2025, the further hearing of the 16 December 2024 Application took place.

10. At the commencement of the hearing, I made an order by consent revoking order 1 made on 3 February 2025 so far as the further hearing of the 16 December 2024 Application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a22fa1028f9628515a6e)

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