Baker -v- Director General, Department of Community Services [2000] NSWADT 10

CITATION: Baker -v- Director General, Department of Community Services [2000] NSWADT 10 DIVISION: Community Services Division APPLICANT PARTIES: Hassiba Baker RESPONDENT Director General, Department of Community Services FILE NUMBER: 994017 HEARING DATES: 17/12/1999 SUBMISSIONS CLOSED: 12/17/1999 DATE OF DECISION: 01/21/2000

BEFORE: Hennessy N (Deputy President); Norman C - Member; Martin M - Member APPLICATION: Recommendation of Community Services Commission MATTER FOR DECISION: Preliminary matter; whether Tribunal has jurisdiction to review a certain decision LEGISLATION CITED : Community Services (Complaints, Appeals and Monitoring) Regulation 1996 CASES CITED: APPLICANT REPRESENTATION: C Carney, solicitor, Women's Legal Resources Centre RESPONDENT J Korathota, solicitor, Department of Community Services ORDERS: 1. Application dismissed.

Background 1 On 16 September 1999, Ms Baker lodged an application with the Tribunal requesting review of a decision "that Hassiba Baker continue to reside at the Lachlan Centre." The Department submitted that this was not a decision which was reviewable by the Tribunal.

2 This is a preliminary decision as to whether the Tribunal has the power to hear Ms Baker's application. Under s 76 of the Administrative Decisions Tribunal Act 1997, a hearing was dispensed with because the Tribunal took the view that the issues for determination could be adequately determined in the absence of the parties. Each party lodged a written submission.

Findings of fact 3 Ms Baker is a 25 year old woman with a severe intellectual disability. She requires full time care and supervision. She has been residing at the Lachlan Centre since 30 September 1991.