Black v Hunter New England Area Health Service [2009] NSWADTAP 66

Appeal Panel - Internal

CITATION: Black v Hunter New England Area Health Service [2009] NSWADTAP 66

APPELLANT Phillip Ross Black PARTIES: RESPONDENT Hunter New England Area Health Service

FILE NUMBER: 099038

HEARING DATES: 18 August 2009

SUBMISSIONS CLOSED: 7 September 2009

DATE OF DECISION: 11 November 2009

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Leave to appeal out of time – –relevant principles – leave refused

DECISION UNDER APPEAL: 18 August 2009

FILE NUMBER UNDER APPEAL: 083111

DATE OF DECISION UNDER APPEAL: 11/06/2008

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Health Records and Information Privacy Act 2002

CASES CITED: NZ v Commissioner of Police, New South Wales Police (GD) [2008] NSWADTAP 23 Lupevo Pty Ltd t/a Ampol Nabiac v Bree [2002] NSWADTAP 9

APPELLANT In person REPRESENTATION: RESPONDENT A Johnson, solicitor

ORDERS: The application by Mr Black to lodge an appeal out of time is refused.

REASONS FOR DECISION

Introduction

1 The appellant, Mr Black, has requested that the Appeal Panel accept his appeal even though it was lodged out of time. The general rule is that an appeal should be lodged within 28 days after the Tribunal gives the party written reasons for the appealable decision: Administrative Decisions Tribunal Act 1997 (ADT Act), s 113(3)(a). The Appeal Panel has a discretion to accept late appeals: ADT Act, s113(3)(b). The Tribunal's reasons were handed down on 6 November 2008. The appeal was lodged on 22 June 2009, more than six months out of time.