Bailey v NSW Department of Primary Industries [2009] NSWADT 152

CITATION: Bailey v NSW Department of Primary Industries [2009] NSWADT 152 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

Applicants:

Brian Kenneth Bailey and Heather Ellen Bailey PARTIES: Respondent:

NSW Department of Primary Industries

FILE NUMBER: 083357

HEARING DATES: on the papers

DATE OF DECISION: 19 June 2009

BEFORE: Handley R - Deputy President

CATCHWORDS: Jurisdiction

Fisheries Management Act 1994 LEGISLATION CITED : Fisheries Management (General) Regulation 2002 Interpretation Act 1987 Ombudsman Act 1974

CASES CITED: Caterpillar of Australia Pty Ltd v Industrial Court of NSW [2009] NSWCA 83

Applicant Representative:

In person REPRESENTATION: Respondent Representative:

M Dalla-Pozza, solicitor

ORDERS: The Tribunal has no jurisdiction to review the decision that is the subject of the application for review.

1 Mr Bailey has applied to the Tribunal for the review of a decision of a delegate of the Minister for Primary Industries ('the Respondent') to reduce the maximum boat length specified in his fishing boat licence. The Respondent contends that the Tribunal does not have jurisdiction to review this decision.

2 The Tribunal has joined Mrs Bailey as an applicant in these proceedings because it is apparent that she is a joint owner of the fishing boat licence and, in most of the correspondence, including the submissions filed with the Tribunal, both Mr and Mrs Bailey are referred to and are joint signatories.