People With Disability Australia Incorporated v Minister for Disability Services [2005] NSWADT 101

CITATION: People With Disability Australia Incorporated v Minister for Disability Services [2005] NSWADT 101 DIVISION: Community Services Division APPLICANT PARTIES: People With Disability Australia Incorporated RESPONDENT Minister for Disability Services FILE NUMBER: 044021 HEARING DATES: 29/04/2005 SUBMISSIONS CLOSED: 04/29/2005 DATE OF DECISION: 05/10/2005

BEFORE: Kelly T (Deputy President) APPLICATION: Summons - set aside MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Disability Services Act 1993 Hunt v Wark (1986) 40 SASR 489 CASES CITED: Lucas Industries Ltd v Hewitt & Ors (1978) 18 ALR 555 R v Barton & Ors (1981) 2NSWLR 414 APPLICANT REPRESENTATION: C Ronalds, SC RESPONDENT P Singelton, barrister ORDERS: Application is adjourned pending discussion between the parties and the recipient on issues of production access and privacy in respect of documents to be produced by summons. Application may be relisted by either party or the recipient of the summons

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.