Dezfouli v Corrective Services [2011] NSWADT 11

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Dezfouli v Corrective Services [2011] NSWADT 11 Hearing dates: 7 September 2010 Decision date: 19 January 2011 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: . Publication of the following evidence to Mr Dezfouli is prohibited: a) the oral evidence of Dr Keller; b) the emails, letters, statements and reports of Dr Keller dated 25 and 31 May 2010, 23 June 2010, July 2010 and 2 September 2010; (vol 1, tab C, vol 1, tab D) c) the documents in Volumes 2, 3 and 4 (Additional Material) of CSNSW's bundle of documents that were provided to Dr Skinner and Dr Westmore for the purposes of preparing their reports, but which were not provided to Mr Dezfouli except for: (i) type written letter from Mr Dezfouli to "NSW Police Officers" dated 28 November 2001 (vol 2, tab 1 and vol 2, tab 9(2)) (ii) letter dated 18 June 2007 from Mr Dezfouli to Mr Debnam; (vol 2, tab 8 and vol 1 tab D) (iii) letter from Mr Dezfouli to Morris Iemma, then Premier of NSW dated 3 July 2008; (vol 2, tab 11 and vol 1, tab D) (iv) the 29 August 2003 alert (vol 1, tab D) (v) reasons for recommendations made by the Mental Health Review Tribunal dated 27 October 2004 (vol 2, tab 9(24) and vol 1, tab D) 2. Pursuant to section 71(4) of the Administrative Decisions Tribunal Act 1997, the Tribunal orders that a person be appointed as the representative of Mr Dezfouli in relation to the following proceedings. a) File No. 081005 b) File No. 081091 c) File No. 081129 d) File No. 091113 The role of the representative is to act in the best interest of Mr Dezfouli. 3. The proceedings to be listed for a case conference on 31 January 2011 at 9.30am Catchwords: Incapacitated person – whether complainant with mental illness is totally or partially incapable of representing himself – meaning of incapacitated person Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Civil Procedure Act 2005 Freedom of Information Act 1989 Cases Cited: Dezfouli v R [2007] NSWCCA 86Scott v Scott [1913] AC 417 Russell v Russell [1976] HCA 23 (1976) 134 CLR 495Q R v Commissioner of Police, NSW Police [2005] NSWADTAP 59 Pochi v Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Re SJ and Minister for Immigration and Ethnic Affairs (1983) 5 ALN N99 CC v Djerrkura [2003] FMCA 372 Re KB and Minister for Immigration and Ethnic Affairs (1982) 4 ALN N273 Re VC and Australian Federal Police (1985) 8 ALD 587 Masterman-Lister v Brutton & Co (Nos 1 and 2) [2003] 1 WLR 1511 Murphy v Doman [2003] NSWCA 249 Murray v Williams [2010] NSWSC 1243 Slaveski v State of Victoria and Others [2009] VSC 596 Dezfouli v Justice Health [2009] NSWADT 80 Dezfouli v Department of Corrective Services [2009] NSWADT 81 Category: Procedural and other rulings Parties: Saeed Dezfouli (Applicant) Corrective Services (Respondent) Representation: K Stern (Respondent) Saeed Dezfouli (Applicant – in person) File Number(s): 081005 081091 081129 091113