Black -v- General Manager, Bathurst City Council [2001] NSWADT 139

CITATION: Black -v- General Manager, Bathurst City Council [2001] NSWADT 139 DIVISION: General Division APPLICANT PARTIES: Sam Black RESPONDENT General Manager, Bathurst City Council FILE NUMBER: 013116 HEARING DATES: 18/07/01 SUBMISSIONS CLOSED: 07/18/2001 DATE OF DECISION: 08/20/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Jurisdiction - Late application to the Tribunal MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Local Government Act 1993 CASES CITED: Cheung -v- Administrative Decisions Tribunal [2000] NSWSC 1062 APPLICANT REPRESENTATION: In person RESPONDENT J Clague, agent ORDERS: The application is dismissed.

Introduction 1 The preliminary issue to be resolved is whether Mr Black's application to the Tribunal has been lodged within time and if not, whether the Tribunal has any power to extend the time for lodging such an application. The application was lodged more than 60 days after the Ombudsman informed him that he did not intend to investigate the matter. The Tribunal has concluded that it was not lodged within time and that there is no power to extend that time. 2 There is also an issue as to whether Mr Black can lodge an application with the Tribunal given that more than 60 days elapsed between the date of the internal review and the referral to the Ombudsman. That question is not addressed in these reasons given the conclusion set out above.