People with Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: People with Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253 Hearing dates: 12 July 2011 Decision date: 30 August 2011 Before: Allsop P at [1]; Beazley JA at [8]; Handley AJA at [124] Decision: 1. Appeal allowed; 2. Orders 1 and 2 made by the Appeal Panel on 18 June 2010 set aside; 3. The respondent to pay the appellant's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - statutory appeals from administrative bodies - Administrative Decisions Tribunal - Appeal Panel - whether Tribunal has jurisdiction to hear and determine application for review of Minister's decision - whether ongoing conduct constitutes a reviewable decision under the Administrative Decisions Tribunal Act 1997 - Appeal Panel erred in its construction of the Administrative Decisions Tribunal Act 1997, s 6(1)(g) - appeal allowed - orders of Appeal Panel set aside

APPEALS - no ongoing dispute between parties - appeal moot - circumstances in which the Court will hear an appeal where there is no ongoing dispute Legislation Cited: Administrative Decisions Tribunal Act 1997 Community Services (Complaints, Reviews and Monitoring) Act 1993 Community Services (Complaints, Reviews and Monitoring) Regulation 1993 Disability Services Act 1993 Interpretation Act 1987 Privacy and Personal Information Protection Act 1988 Cases Cited: Bass v Permanent Trustee Co Ltd [1999] HCA 9; 198 CLR 334 BHP Billiton Iron Ore Pty Ltd v National Competition Council; BHP Billiton Iron Ore Pty Ltd v National Competition Council [2008] HCA 45 Bonan v Hadgkiss [2007] FCAFC 113 Hope Downs Management Services v Hamersley Iron Pty Ltd [1999] FCA 1652 Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 438 Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri (2003) 126 FCR 54 Project Blue Sky v ABA [1998] HCA 28; 194 CLR 355 Ship "Shin Kobe Maru" v Empire Shipping Company Inc [1994] HCA 54; 181 CLR 404 YZ Finance Co Pty Ltd v Cummings [1964] HCA 12; 109 CLR 395 Category: Principal judgment Parties: People with Disability Incorporated (Appellant) Minister for Disability Services (First Respondent) Administrative Decisions Tribunal (Second Respondent) Representation: R Francois; H Jewell (Appellant) P Singleton; R Graycar (Respondent) Gilbert + Tobin (Appellant) Crown Solicitor (First Respondent) File Number(s): 2010/237851 Decision under appeal Citation: Minister for Disability Services v People with Disability Australia Inc (CSD) [2010] NSWADTAP 44 Date of Decision: 2010-06-18 00:00:00 Before: Judge K P O'Connor, President; S Leal, Judicial Member; J Moss, Non-judicial Member File Number(s): 094003