DLT v Justice Health and Forensic Mental Health Network [2022] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLT v Justice Health and Forensic Mental Health Network [2022] NSWCATAD 183 Hearing dates: 23 May 2022 Date of orders: 02 June 2022 Decision date: 02 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) Pursuant to s 65 of the Administrative Decisions Review Act 1997, the reviewable decision (being the deemed refusal to deal with an access application) is remitted to Justice Health and Forensic Mental Health Network (the agency) for reconsideration in accordance with these reasons. (2) The agency is to comply with order 1 by 4 July 2022 by providing its reconsidered decision to the applicant and the Tribunal. (3) The applicant is to notify the agency and the Tribunal by 15 August 2022 if he wishes to withdraw, or proceed with, his application for administrative review in relation to the agency's reconsidered decision. If the applicant wishes to proceed with the application he is to set out in detail the grounds upon which he seeks administrative review of the reconsidered decision. (4) The proceedings are listed for a Case Conference on 29 August 2022 at 10:30am. That listing will be vacated if the applicant withdraws the application in accordance with order (3). Catchwords: ADMINISTRATIVE LAW – Freedom of Information – access to information – administratively reviewable decision – remittal to administrator Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Health Services Act 1997 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: DLT (Applicant) Justice Health and Forensic Mental Health Network (Respondent) Representation: DLT, self-represented M Sterry, Forensic Legal Advisor, (Respondent) File Number(s): 2021/00269153 Publication restriction: The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013. The applicant is to be known by the pseudonym "DLT".