Minister for Disability Services -v- People with Disabilities (NSW) Inc (CSD) [2001] NSWADTAP 7

Appeal Panel

CITATION: Minister for Disability Services -v- People with Disabilities (NSW) Inc (CSD) [2001] NSWADTAP 7 APPLICANT PARTIES: Minister for Disability Services RESPONDENT People with Disabilities (NSW) Inc FILE NUMBER: 009024 HEARING DATES: 6 December 2000 SUBMISSIONS CLOSED: 12/06/2000 DATE OF DECISION: 03/19/2001

Preliminary determinations in relation to future conduct of matter. DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Rice S - Judicial Member; Houlahan L - Member CATCHWORDS: jurisdiction - no evidence - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 004001 DATE OF DECISION UNDER APPEAL: 05/02/2000 Administrative Decisions Tribunal Act 1997 Community Services (Complaints, Appeals and Monitoring) Act 1993 LEGISLATION CITED : Community Services (Complaints, Appeals and Monitoring) Regulation 1996 Disability Services Act 1993 Freedom of Information Act 1989 Lloyd v Veterinary Surgeons Investigating Committee & Anor [1999] NSWCA 68 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CASES CITED: Australian Gaslight Co v Valuer General (1940) 40 SR 126 Azzopardi v Tasman UEB Industries (1985) 4 NSWLR 139 Bowen-James v Delegate, Director General, Department of Health (1992) 27 NSWLR 457 APPELLANT REPRESENTATION: G Williams, Solicitor RESPONDENT G Kirk, Solicitor ORDERS: 1.Preliminary determination 2 is set aside ; 2.The application for review is dismissed.