People with Disabilities (NSW) Inc -v- Minister for Disability Services; re Grosvenor Centre [1999] NSWADT 132

CITATION: People with Disabilities (NSW) Inc -v- Minister for Disability Services; re Grosvenor Centre [1999] NSWADT 132

DIVISION: Community Services

APPLICANT: People with Disabilities (NSW) Inc

RESPONDENT: Minister for Disability Services

FILE NUMBER: 994011

HEARING DATES:

SUBMISSIONS CLOSED: 10/08/1999

DATE OF DECISION: 15 December 1999

N Hennessy - Deputy President BEFORE: J Moss - Member J Green - Member

PRIMARY LEGISLATION: Disability Services Act 1993

APPLICATION: Review of decision of terms and conditions of financial assistance; Review of decision to approve financial assistance - Review of a decision not to conduct a review of Grosvenor Centre.

MATTER FOR DECISION: Preliminary matter - Application re whether decision is within jurisdiction

Applicant: P French, advocate, People with Disabilities NSW Inc REPRESENTATION: Respondent: G Williams, solicitor, Ageing and Disability Department

ORDERS: 1. The applications to review decisions under s 20(a) and s 20(b) of the Disability Services Act 1993 are dismissed as no reviewable decision has been identified.

Background 1 These reasons are virtually identical to those which relate to the Peat Island Centre (See People with Disabilities NSW Inc v Minister for Disability Services (re Peat Island Centre). They relate to jurisdictional issues about whether certain decisions made by the Minister for Disability Services (the Minister) in relation to the Grosvenor Centre are reviewable by the Tribunal. 2 On 26 July 1999, PWD lodged an application with the Tribunal against three "decisions" by the Minister. The three decisions, purportedly made under s 20(a), 20(b) and s 20(d) respectively are as follows: A decision to approve financial assistance to the Department of Community Services under s 10 of the Disability Services Act 1993 to operate the Grosvenor Centre. A decision to provide financial assistance to the Department of Community Services under the DSA to operate the Grosvenor Centre in circumstances where the terms and condition on which this financial is provided do not conform to s 12 of the Disability Services Act 1993 A decision not to conduct a review of the Grosvenor Centre under s 15 of the Disability Services Act 1993, or to conduct a review that is not in accordance with the requirements of that section. 3 Written submissions were provided by both parties and, under s 76 of the Administrative Decisions Act 1997 (ADT Act), I decided that the issues could be adequately determined in the absence of the parties. Legislation - approval of the provision of financial assistance 4 Under s 20(a) of the Disability Services Act 1993, the Tribunal has jurisdiction to hear reviews of decisions approving the provision of financial assistance. That section states that: For the purposes of section 40(1)(a)of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions is reviewable by the Administrative Decisions Tribunal: (a) a decision approving the provision of financial assistance if the approval to the provision of the assistance should not have been given under section 10 (2) because the provision of the assistance will not conform with the objects of this Act and the principles and applications of principles set out in Schedule 1