DV v Community Services Commission [2002] NSWADT 246

CITATION: DV v Community Services Commission [2002] NSWADT 246 DIVISION: Community Services Division APPLICANT DV PARTIES: RESPONDENT Community Services Commission FILE NUMBER: 014075 HEARING DATES: 05/09/02 SUBMISSIONS CLOSED: 09/05/2002 DATE OF DECISION: 11/12/2002

BEFORE: Britton A - Judicial Member; Kirkland A - Member; Dobell D - Member APPLICATION: Recommendation of Community Services Commission MATTER FOR DECISION: Principal matter Community Services (Complaints, Reviews and Monitoring) Act 1993 Administrative Decisions Tribunal Act 1997 Interpretation Act 1987 Telecommunications Act 1992 Equal Opportunity Act 1984 (WA) LEGISLATION CITED : Race Relations Act 1976 (UK) Infertility Treatment Act 1995 Home Care Service Act 1988 Children (Care and Protection) Act 1987 Community Welfare Act 1987 Children and Young Persons (Care and Protection) Act 1998. X v Commissioner, Community Services Commission [1999] NSWADT 26 Green v Daniels (1977) 51 ALJR 463 ex p Corrie [1918] 1 KB 68 Legal Services Commission of NSW v Stephens [1981] 2 NSWLR 697 IW v City of Perth (1997) 191 CLR 1 Scott v Telstra Corporation Limited (1995) EOC 92-717 Attorney General of Canada v Cumming [1980] 2 FC 122 CASES CITED: Savjani v Inland Revenue Commissioners [1981] QB 458 Farah v Commissioner of Metropolitan Police [1998] QB 65 Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468 P v P (1994) 181 CLR 583 McBain v State of Victoria (1999) 177 ALR 320 R v Entry Clearance Officer; Ex parte Amin [1983] 2 AC 818 British Oxygen Co Ltd v Board of Trade [1971] AC 610 Waters v Public Transport Corporation (1991) 173 CLR 349 People with Disabilities (NSW) Inc v Minister for Disability Services [1999] NSWADT 24 REPRESENTATION: K Eastman, barrister S Lloyd, barrister ORDERS: Decision under review is set aside and remitted to the Respondent for proper consideration in the exercise of his discretion under the CSRAMA.