AF v Roads and Traffic Authority [2011] NSWADT 69

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AF v Roads and Traffic Authority [2011] NSWADT 69 Hearing dates: 15 March 2010, 16 March 2010, 10 August 2010 and 11 August 2010 Decision date: 05 April 2011 Before: R Wilson, Judicial Member Decision: 1. Summonses are to issue to witnesses to attend and give evidence in accordance with paragraphs 28 to 31 inclusive of these reasons. 2. A summons is to issue to Lizanne Bennett to attend and give evidence in accordance with paragraphs 39 to 43 inclusive of these reasons. 3. A summons is to issue to produce documents to the Association of Professional Engineers, Scientists and Managers Australia in accordance with paragraphs 39 to 43 of these reasons, the respondent to be given first access to any documents so produced. 4. Both proceedings are listed for further directions at 02:00pm on Thursday 05 May 2011, the directions hearing to be limited to procedural steps to prepare the proceedings for final hearing. The parties are granted leave to apply to the Registry to vary this date should it be inconvenient and if such application be made the parties should liaise to ascertain mutually convenient dates. 5. No further order. Catchwords: Application for issue of summons: legal test of apparent relevance. Legislation Cited: Privacy and Personal Information Protection Act 1998 ; Health Records and Information Privacy Act 2002; Administrative Decisions Tribunal Act 1997 Cases Cited: AF v Healthquest [2009] NSWADTAP 42 Category: Interlocutory applications Parties: AF (Applicant) Roads and Traffic Authority (Respondent) Representation: Counsel M Robinson (Respondent) AF (Applicant, in person) Mallesons Stephen Jacques (Respondent) File Number(s): 073135 and 073275