Minister for Disability Services v People with Disability Australia Inc. (CSD) [2010] NSWADTAP 44

Set aside by Appeal :

Appeal Panel - Internal

CITATION: Minister for Disability Services v People with Disability Australia Inc. (CSD) [2010] NSWADTAP 44

APPELLANT Minister for Disability Services PARTIES: RESPONDENT People with Disability Australia Inc.

FILE NUMBER: 099061

HEARING DATES: 21 April 2010

SUBMISSIONS CLOSED: 21 April 2010

DATE OF DECISION: 18 June 2010

BEFORE: O'Connor K - DCJ (President); Leal S - Judicial Member; Moss J - Non Judical Member

CATCHWORDS: JURISDICTION – Whether reviewable decision identified by review applicant – 'Decision to continue to provide a service' – day-to-day operation of service does not of itself give rise to a reviewable decision – STANDING – 'genuine concern' – interpretation – denial of standing if 'unjustifiably interfering in a matter' – interpretation – Appeal allowed as to jurisdiction – Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2, s 28(1)(c), s 29(1), s 29(4) - Disability Services Act 1993, s 20 - Community Services (Complaints, Reviews and Monitoring) Regulation 2004, cl 5(1)(b)

DECISION UNDER APPEAL: People with Disability Australia Inc. v Minister for Disability Services [2009] NSWADT 259

FILE NUMBER UNDER APPEAL: 094003

DATE OF DECISION UNDER APPEAL: 10/02/2009

Administrative Decisions Tribunal Act 1997 Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 LEGISLATION CITED : Community Services (Complaints, Reviews and Monitoring) Regulation 2004 Disability Services Act 1993 Guardianship Act 1987 Privacy and Personal Information Protection Act 1998