McGuirk v University of New South Wales [2009] NSWADTAP 12

Appeal Panel - Internal

CITATION: McGuirk v University of New South Wales [2009] NSWADTAP 12

APPELLANT (Gerard) Michael McGuirk PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 089003

HEARING DATES: 24 October 2008

SUBMISSIONS CLOSED: 24 October 2008

DATE OF DECISION: 4 March 2009

BEFORE: Hennessy N - Magistrate (Deputy President); Fitzgerald K - Judicial Member; Antonios Z - Non-Judicial Member

CATCHWORDS: Jurisdiction to review purported decision

DECISION UNDER APPEAL: McGuirk v University of New South Wales [2007] NSWADT 258

FILE NUMBER UNDER APPEAL: 063197 and 063262

LEGISLATION CITED : Freedom of Information Act 1989 Administrative Decisions Tribunal Act 1997

Brian Lawlor Automotive Pty Ltd and Collector of Customs (NSW) (1978) 1 ALD 167 Secretary, Department of Social Security v Alvaro (1994) 34 ALD 72 CASES CITED: LZ v Office of the Protective Commissioner [2008] NSWADTAP 50 McGuirk v University of New South Wales (GD) [2007] NSWADTAP 4 McGuirk (GD) v University of New South Wales [2007] NSWADTAP 65

APPELLANT In person REPRESENTATION: REPSONDENT P Singleton, barrister

Matter 063197 1.The Tribunal's decision that it did not have jurisdiction to determine the applicant's application is affirmed. ORDERS: In Matter 063262 1. The Tribunal's decision that it did not have jurisdiction to review the decision made on 20 April 2006 is set aside 2. The matter is remitted to the Tribunal to determine:a) whether the applicant wishes to apply for the application to be accepted even though it was lodged out of time;b) if so, whether the Tribunal should accept the application out of time; and c) if so whether the decision made on 20 April 2006 is the correct and preferable decision.