People with Disabilities (NSW) Inc -v- Minister for Disability Services; Re Ireby Lodge and Lark Hill Relocation Project: Boarding House Reform Project [1999] NSWADT 24

CITATION: People with Disabilities (NSW) Inc -v- Minister for Disability Services; Re Ireby Lodge and Lark Hill Relocation Project: Boarding House Reform Project [1999] NSWADT 24

DIVISION: Community Services

APPLICANT: People with Disabilities (NSW) Inc

RESPONDENT: Minister for Disability Services

FILE NUMBER: 994003

HEARING DATES: 04/16/1999

SUBMISSIONS CLOSED: 04/16/1999

DATE OF DECISION: 21 April 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Disability Services Act 1993

APPLICATION: - Review of approval of expression of interest process

MATTER FOR DECISION: Stay of primary decision

Applicant: P French REPRESENTATION: Respondent: G Williams

ORDERS: 1. Application for stay dismissed. 2. Application for review dismissed.

Background to application 1 On 1 April 1999, People with Disabilities (NSW) Inc (PWD) applied to the Community Services Division of the Administrative Decisions Tribunal (ADT) for a review of a decision made by the Minister for Disability Services, the Hon Faye Lo Po. The decision in issue is the Minister's approval of an Expression of Interest (EOI) process advertising for the provision of housing and support services for individuals relocating from private boarding houses.

2 PWD also applied to the ADT for a stay of the decision under s 60(2) of the Administrative Decisions Tribunal Act 1997 (ADT Act). These reasons relates primarily to the stay application, however a preliminary issue arose as to whether the decision in question is a "reviewable decision." The determination of this issue has consequences for both the stay application and the application for review.