People with Disability Australia Inc v Minister for Disability Services [2009] NSWADT 259

CITATION: People with Disability Australia Inc v Minister for Disability Services [2009] NSWADT 259

DIVISION: Community Services Division

APPLICANT People with Disability Australia Incorporated PARTIES: RESPONDENT Minister for Disability Services

FILE NUMBER: 094003

HEARING DATES: 26 August 2009

SUBMISSIONS CLOSED: 26 August 2009

DATE OF DECISION: 2 October 2009

BEFORE: Britton A - Deputy President

CATCHWORDS: Standing - application out of time

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Community Services (Complaints, Appeals and Monitoring) Act 1993 Disability Services Act 1993

CASES CITED: People with Disabilities (NSW) Inc and the NSW Council on Intellectual Disability v Minister for Disability Services (Unrepd 12 February 1998)

APPLICANT R Francois, barrister REPRESENTATION: RESPONDENT P Singleton, barrister

ORDERS: 1.Leave is granted for the application for review of the Minister's decision deemed to have been made on 5 June 2008 to be made out of time. 2.PWD has standing to bring the application for review of the Minister's decision deemed to have been made on 5 June 2008.

REASONS FOR DECISION

1 People with Disability Australia Incorporated is an organisation whose major aims are the 'empowerment and promotion of the rights of people with disability and the creation of a society in which people with disability can fully participate' (PWD Constitution [3]). It has received recognition and funding from both Commonwealth and State governments as a 'peak' body representing the interests of people with disabilities. Among other ways, it seeks to achieve these aims by acting as an advocate on behalf of disabled people, 'particularly where their rights have been infringed' (PWD Constitution [4]).