Rikkone v NSW Ombudsman and TAFE NSW [2023] NSWCATAD 278

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rikkone v NSW Ombudsman and TAFE NSW [2023] NSWCATAD 278 Hearing dates: On the papers Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The application is dismissed on the basis that it is misconceived and lacking in substance under s 55(1)(b) of the NCAT ACT. Catchwords: Administrative Law – administrative review – Civil and Administrative Tribunal – no jurisdiction to administratively review decisions made under the Technical and Further Education Commission Act 1990 Anti-Discrimination – Civil and Administrative Tribunal – no jurisdiction to consider complaint without a referral under s 95 of the Anti-Discrimination Act 1977 Legislation Cited: Administrative Decisions Review Act 1997 Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Technical and Further Education Commission Act 1990 Cases Cited: Ali Samandi v Ombudsman NSW [2020] NSWCATAD 184 Majoor v Macquarie University [2022] NSWCATAP 213 Texts Cited: None Category: Procedural rulings Parties: Applicant – Esther Vladislavouna Rikkone First Respondent – NSW Ombudsman Second Respondent – TAFE NSW Representation: Applicant – Self-represented First Respondent – M Smith, NSW Ombudsman Second Respondent – Legal Counsel, TAFE NSW File Number(s): 2023/00244182 Publication restriction: Nil