Mr G v Director-General, Department of Community Services [2002] NSWADT 43

Reported Decision : Appel Upheld 11 February 2002

CITATION: Mr G v Director-General, Department of Community Services [2002] NSWADT 43 DIVISION: Community Services Division APPLICANT PARTIES: Mr G RESPONDENT Director-General, Department of Community Services FILE NUMBER: 014041; 014073 HEARING DATES: 11/02/02 SUBMISSIONS CLOSED: 02/11/2002 DATE OF DECISION: 02/11/2002

BEFORE: Britton A - Judicial Member; Groth D - Member; Bolt M - Member APPLICATION: Jurisdiction MATTER FOR DECISION: Principal matter LEGISLATION CITED : Children and Young Persons (Repeal Amendment) Act 1988 Community Services (Complaints, Reviews and Monitoring) Act 1993 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT D Ward, solicitor ORDERS: 1. Application is dismissed.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) .... (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:

(a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal,

whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.