Davis v Minister for Health [2021] NSWCATAD 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davis v Minister for Health [2021] NSWCATAD 310 Hearing dates: 11 October 2021 Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: The order of the Tribunal is: (1) Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013, the application made by Danielle Davis on 23 September 2021 is dismissed. Catchwords: ADMINISTRATIVE LAW – application for administrative review – jurisdiction of Tribunal – summary dismissal Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Decisions Review Act 1997(NSW) Civil and Administrative Tribunal Act 2013(NSW) Health Services Act 1997 (NSW) Interpretation Act 1987 (NSW) Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) Public Health (COVID-19 Aged Care Facilities) Order 2021 (NSW) Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021 (NSW) Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 (NSW) Public Health Act 1991 (NSW) Public Health Act 2010(NSW) State Emergency and Rescue Management Act 1989(NSW) Cases Cited: Athavle v State of New South Wales [2021] FCA 1075 Davis v Minister for Health [2021] NSWCATAD 293 Fairfax Media Publications Pty Ltd v Kermode (2011) 81 NSWLR 157; [2011] NSWCA 174 Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 RG Capital Radio Ltd v Australian Broadcasting Authority (2001) 113 FCR 185; [2001] FCA 855 Texts Cited: Hansard, Legislative Assembly, 24 November 2010, p 28128 Category: Procedural rulings Parties: Danielle Davis (Applicant) Minister for Health (First Respondent) Northern NSW Local Health District (Second Respondent) Representation: Counsel: Z Heger (First Respondent) Z Heger (Second Respondent) Solicitors: E Turner (Agent for Applicant) Crown Solicitor (First Respondent) Crown Solicitor (Second Respondent) File Number(s): 2021/00271978 Publication restriction: None