Raison v Adopt Change Ltd [2021] NSWCATAD 299

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raison v Adopt Change Ltd [2021] NSWCATAD 299 Hearing dates: Hearing on the papers Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: The Application for Review is dismissed. Catchwords: ADMINISTRATIVE LAW — Reviewability — Jurisdiction — no identified enabling legislation – dismissal Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 9 Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 55 Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW), ss 4, 28, 29 Cases Cited: Fox v Commissioner of Police, NSW [2016] NSWCATAD 77 White v Sutherland Shire Council [2019] NSWCATAD 100 Category: Principal judgment Parties: Kenneth Raison (Applicant) Adopt Change Ltd (Respondent) Representation: Kenneth Raison (Applicant in person) Adopt Change Ltd (Respondent in person) File Number(s): 2021/00194569

REASONS FOR DECISION 1. The Applicant, a former volunteer with the Respondent, seeks review of the Respondent's decision to "conclude" his participation as a volunteer in one of its programs. 2. The question for determination is: Does the Tribunal have jurisdiction to review such a decision? The answer, in short, is no.

Background 1. On 6 July 2021, the Applicant filed an Application for Review in which the named respondents were "My Forever Family NSW" and, the person identified as that organisation's chief executive officer. 2. "My Forever Family NSW" is not a legal entity and does not have the capacity to sue or be sued. 3. Given the above, on 3 August 2021, the Tribunal ordered that: 1. the first and second respondents be removed as parties to the proceedings; and 2. Adopt Change Ltd be joined as the Respondent being the legal entity that operates a program by the name of "My Forever Family NSW" (the Program).