Schlebaum (No. 2) -v- Director General, Department of Community Services & anor [2001] NSWADT 214

CITATION: Schlebaum (No. 2) -v- Director General, Department of Community Services & anor [2001] NSWADT 214 DIVISION: General Division APPLICANT Anne Schlebaum PARTIES: FIRST RESPONDENT Director General, Department of Community Services SECOND RESPONDENT Michael Gliksman FILE NUMBER: 013029 HEARING DATES: 27/09/2001 SUBMISSIONS CLOSED: 10/10/2001 DATE OF DECISION: 12/14/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Freedom of Information Act - time for lodging application - Standing MATTER FOR DECISION: Preliminary matters Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children (Care and Protection) Act 1987 Freedom of Information Act 1989 Schlebaum -v- Director General, Department of Community Services and Gliksman [2001] NSWADT 97 Wittingslow Amusements Group Pty Limited and Anor v The Director General of Environment Protection Authority of New South Wales (unreported decision of the Supreme Court of New South Wales, 23 April 1993) Re O'Sullivan (No 2) (1995) 9 VAR 3 O'Sullivan and Department of Health and Community Services (1997) 70 FOI Rev 59 O'Sullivan and Department of Health and Community Services (unreported) 1995/022225 from the Victorian Civil and Administrative Tribunal (VCAT) Gilling -v- General Manager, Hawkesbury City Council [1999] NSWADT 43 Re Williams and Registrar of Federal Court of Australia (1985) 8 ALD 219 Young v Wicks (1986) 13 FCR 85 Perrin's Case (1993) 31 NSWLR 606 at 625 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 CASES CITED: Re French (1987) 12 ALD 525 University of Melbourne v Robinson (1993) 2 VR 177 Gill v Department of Industry Technology and Resources [1987] VR 681, 687 11. 44-52 Accident Compensation Commission v Croom [1991] 2 V.R. 322, 329 1.46-330 1.34 K & S Lake city Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 60 ALR 509 Cooper Brookes (Wollongong) Pty Ltd v FC of T (1981) 35 ALR 151 Attorney-General v Prince Ernest Augustus of Hanover [1957] AC 43 Raethel v Director General, Department of Education and Training [1999] NSWADT 108 Pope and Queensland Health [1994] QICmr 16 (18 July 1994) (1994) 1 QAR 616, [27] Lawless and Medical Board of Western Australia and Medical Practitioner X, Re [1995] WAICmr 19 (5 July 1995) Re Saxon and Australian Maritime Safety Authority (19 June 1995 - unreported) APPLICANT N Abadee, barrister REPRESENTATION: FIRST RESPONDENT P Singleton, barrister SECOND RESPONDENT In person ORDERS: 1. The applicant has standing to bring these proceedings; 2. The applicant's application for review to the Tribunal was made within time; 3. The matter is to be re-listed for telephone directions.