X v Commissioner, Community Services Commission [1999] NSWADT 26

CITATION: X v Commissioner, Community Services Commission [1999] NSWADT 26

DIVISION: Community Services

APPLICANT: X

RESPONDENT: Commissisoner, Community Services Commission

FILE NUMBER: 994005

HEARING DATES:

SUBMISSIONS CLOSED: 06/18/1999

DATE OF DECISION: 13 August 1999

N Hennessy - Deputy President BEFORE: B Gelin - Member L Rogan - Member

PRIMARY LEGISLATION: Community Services (Complaints, Reviews and Monitoring) Act 1993

APPLICATION: Review of decisions of the Community Services Commission on the basis that those decisions were beyond its powers -

MATTER FOR DECISION: Principal matter and jurisdiction

Applicant: Nil REPRESENTATION: Respondent: Nil

1. Except in relation to decisions set out in 2 below, the Tribunal does not have jurisdiction over any of the decisions made by the Commission in this case because those decisions were not "beyond its powers" as required by s 40(1)(c) of the Community Services (Complaints, Reviews and Monitoring) Act 1993. 2. The Commission's decision that they did not have jurisdiction over or should not assess and should not give written notice to the service provider of the following allegations: ORDERS: a) that Departmental officers had "accused X in committing serious crimes at his home, in front of his family;" and b) "the Officers refused to be recorded, but felt free to take their own notes" was beyond its powers. 3. In accordance with s 63(3)(d) of the ADT Act, the Tribunal sets aside this decision and remits that matter for reconsideration by the administrator.