Director General, Department of Community Services -v- S [2000] NSWADTAP 27

Appeal Panel

CITATION: Director General, Department of Community Services -v- S [2000] NSWADTAP 27 APPLICANT Director General, Department of Community Services PARTIES: RESPONDENT S FILE NUMBER: 009013 HEARING DATES: 17/08/2000 SUBMISSIONS CLOSED: 08/17/2000 DATE OF DECISION: 12/19/2000

Principal matter DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Smith MB - Judicial Member; Bolt M - Member CATCHWORDS: statutory interpretation - opportunity to be heard MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 993184 DATE OF DECISION UNDER APPEAL: 03/17/2000 LEGISLATION CITED : Freedom of Information Act 1989 S v Director General, Department of Community Services [2000] NSWADT 24 Corbett and Australian Federal Police 5 AAR 291 Re Leverett (1985) 8 ALN N135 Re Resch and Department of Veterans' Affairs 9 ALD 380 Re Cox and Department of Defence 20 ALD 499 Re Jacob v Department of Defence 15 ALD 645 RR v Department of Army (1980) 482 F Supp 770 Re Warren and the Department of Defence (Cth AAT, 22 December 1993 N92/621) A and Director of Family Services [1998] ACTAAT 249 CASES CITED: Morgan v Dept Education and Training [1999] NSWADT 91 RR v Department of Army (1980) 482 F Supp 770 Bennett v University of New England, unreported 7 August 1991, Dist Ct Re Sime and Minister for Immigration and Ethnic Affairs (1995) 21 AAR 369 Re Toomer and Department of Primary Industries and Energy (1991) 22 ALD 164 Re Jackson and the Department of Social Security (Cth AAT, 6 November 1991, DN 7448, unreported Doelle and Legal Aid Office, Information Commissioner (Queensland), (1993) 1 QAR 205 Hoffman-La Roche & Co v Secretary of State for Trade and Industry [1975] AC 295 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration v Teoh (1995) 183 CLR 273 APPLICANT REPRESENTATION: R Henderson, counsel RESPONDENT J Johnson, counsel ORDERS: 1. The decision and order under appeal is affirmed, with one variation, being the addition of a further term to the order as follows:; '6. Liberty is reserved to any party to apply to the Tribunal for further orders clarifying or concerning the implementation of the above.'