LZ v Office of the Protective Commissioner (GD) [2008] NSWADTAP 50

Appeal Panel - Internal

CITATION: LZ v Office of the Protective Commissioner (GD) [2008] NSWADTAP 50 This decision has been amended. Please see the end of the decision for a list of the amendments.

APPELLANT LZ PARTIES: RESPONDENT Office of the Protective Commissioner

FILE NUMBER: 089013

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 19 March 2008

DATE OF DECISION: 6 August 2008

BEFORE: O'Connor K - DCJ (President); Higgins S - Judicial Member; Bolt M - Non Judicial Member

CATCHWORDS: Freedom of Information - Review Application - Whether Late - If Late, Discretion to Extend Time - Whether Available - ADT Act s 57 - FOI Act s 54 - Whether Contrary Provision - ADT Act s 40 - Held Discretion Available

MATTER FOR DECISION: Appeal

DECISION UNDER APPEAL: LZ v Office of the Protective Commissioner [2007] NSWADT 22

FILE NUMBER UNDER APPEAL: 073007

DATE OF DECISION UNDER APPEAL: 01/15/2008

Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Legislation Amendment Act 1998 (No. 48) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1982 (Vic.) LEGISLATION CITED : Freedom of Information Act 1989 Interpretation Act 1987 Local Government Act 1993 Retail Leases Act 1994 Retail Leases Amendment Act 2005 Victorian Civil and Administrative Tribunal Act 1998