Central Sydney Area Health Service -v- Crewdson (GD) [2001] NSWADTAP 44

Appeal Panel

CITATION: Central Sydney Area Health Service -v- Crewdson (GD) [2001] NSWADTAP 44 revised - 14/02/2002 APPELLANT PARTIES: Central Sydney Area Health Service RESPONDENT Gerard Michael Crewdson FILE NUMBER: 019001 HEARING DATES: 03/07/2001 SUBMISSIONS CLOSED: 07/03/2001 DATE OF DECISION: 12/28/2001

Crewdson -v- Central Sydney Area Health Service [2000] NSWADT 184 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Fleming G - Judicial Member; Bolt M - Member CATCHWORDS: application of common law test - relevant/irrelevant considerations - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 993252 DATE OF DECISION UNDER APPEAL: 12/12/2000 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Public Sector Management Act 1988 Crewdson -v- Central Sydney Area Health Service [2000] NSWADT 184 Hayward-Brown -v- Chief Executive Officer, Wentworth Area Health Service [2000] NSWADT 46 RR v Department of Army (1980) 482 F Supp 770 Re Gordon and Department of Social Security (1991) 25 ALD 335 Re Cox and the Department of Defence (1990) 20 ALD 499 Re Sime and Minister for Immigration and Ethnic Affairs (1995) 21 AAR 369 Re Stephens and Victoria Police (1988) 2 VAR 236 Director General, Department of Community Services v S [2000] NSWADTAP 27 CASES CITED: Re Corbett and Australian Federal Police 5 AAR 291 Re Leverett (1985) 8 ALN N135 Re Resch and Department of Veterans' Affairs 9 ALD 380 A and Director of Family Services [1998] ACTAAT 249 e Clements and Health Department of Western Australia and Graylands Hospital [1995] WAICmr 57 Bushell v Repatriation Commission (1992) 175 CLR 408 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259 Woodside v Director General, Department of Community Services (CSD) [2000] NSWADTAP 8 Morgan v Director General, Dept Education and Training [1999] NSWADT 91 APPELLANT REPRESENTATION: N Williams, barrister RESPONDENT In person ORDERS: 1. Decision under appeal set aside; 2. In substitution for the Tribunal's order, there be entered an order affirming the agency's decision to refuse the applicant's request for amendment, as particularised in para [40] of the Tribunal's decision.