Howard v NSW Ministry of Health [2022] NSWCATAD 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Howard v NSW Ministry of Health [2022] NSWCATAD 241 Hearing dates: 13 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The decision of the Registrar to refuse to issue the summons is affirmed. (2) The application for administrative review lodged on 21 March 2022 is dismissed. Catchwords: ADMINISTRATIVE REVIEW – public health order – category 4 medical condition – no internal review – jurisdiction – extension of time – review of summons decision - summary dismissal Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Government Information (Public Access) Act 2009 Crimes Act 1900 Public Health Act 2010 Cases Cited: BKW v Department of Family and Community Services [2014] NSWCATAD 205 CFZ v Department of Education [2015] NSWCATAD 231 Dibb v Transport for NSW (No 2) [2022] NSWCATAP 89 DWZ v Wandiyali [2019] NSWCATAD 190 (DWZ) Gad v Commissioner of Police, NSW Police Force [2022] NSWCATAD 226 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Singh v Fobupu Pty Ltd [2019] NSWCATAP 111 Category: Principal judgment Parties: Morgan Howard (Applicant) NSW Ministry of Health t/a NSW Health trading as Sydney Local Health District t/a Royal Prince Alfred Hospital (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00080668 Publication restriction: Nil