Hutchinson v Roads & Traffic Authority [2006] NSWADT 21

CITATION: Hutchinson v Roads & Traffic Authority [2006] NSWADT 21

DIVISION: General Division

APPLICANT PARTIES: Rowan Hutchinson RESPONDENT Roads & Traffic Authority

FILE NUMBER: 043378

HEARING DATES: 08/12/05

SUBMISSIONS CLOSED: 12/12/2005

DATE OF DECISION: 01/27/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Jurisdiction

MATTER FOR DECISION: Preliminary matter

LEGISLATION CITED : Administrative Appeals Tribunal Act 1975 (Cth) Freedom of Information Act 1989

Bramwell v Repatriation Commission (1998) 51 ALD 56 Lavery v Registrar, Supreme Court of Queensland (1996) 23 AAR 52;N1112/00 A v Minister for Immigration & Multicultural Affairs [2000] FCA 1597 CASES CITED: Re Brain Lawlor Automotive Pty Ltd and Collector of Customs (NSW) (1978) 1 ALD 167 Re Grolier Enterprises and Australian Postal Commission (1977) 1 ALD 10 Re Hare and Commissioner for Superannuation (1979) 2 ALN N662 Poudyal & Anor v Minister for Immigration [2005] FMCA 265 Re Slater and Repatriation Commission [1999] AATA 336

APPLICANT B Zipser, barrister REPRESENTATION: RESPONDENT M Allars, barrister

ORDERS: 1. The Tribunal does not have jurisdiction to make a decision based on either of the applicant's amended requests for documents; 2. The Tribunal makes the following directions:; a) Within 21 days of the date of this decision, the RTA is to provide written submissions on the following questions:; (i) does the Tribunal have power to remit the reviewable decision under s 65 of the ADT Act in the circumstances of this case?; (ii) if so, should the Tribunal exercise its discretion under s 65 to remit the decision? ; b) Within a further 21 days, Mr Hutchinson is to provide written submissions in reply on the same questions; c) The Tribunal will determine these questions "on the papers" in accordance with s 76 of the ADT Act.