Saleam v Department of Human Services, Community Services [2011] NSWADT 216

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Saleam v Department of Human Services, Community Services [2011] NSWADT 216 Hearing dates: 3 February 2011 Decision date: 12 September 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.The applicant's application is dismissed pursuant to subparagraph 73(5)(g)(ii) of the Administrative Decisions Tribunal Act 1997. 2.The respondent to file and serve written submissions on its application for costs within 21 days of the date of this decision. 3.Within a further 21 days, the applicant to file and serve submissions in reply to an application for costs filed by the respondent (if any). 4.Unless the Tribunal accedes to a request made by a party, with supporting reasons, for the matter of costs to be dealt with at a hearing, the matter will be determined 'on the papers', pursuant to section 76 of the Administrative Decisions Tribunal Act 1997. 5.In the event the respondent does not file and serve written submissions on costs in accordance with order 2, by default, the Tribunal makes an order that the respondent's application for costs is dismissed. Catchwords: Access to documents - application to dismiss review proceedings on the grounds they are misconceived and lack substance - where the proceedings involve parties, subject matter and issues which had previously been determined by the Tribunal and the Appeal Panel of the Tribunal. Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Cases Cited: Commonwealth v Sciacca (1988) 17 FCR 476 Gene Simring v Commissioner of Police, NSW Police [2009] NSWSC 270 In the Application of James Saleam - NSWSC 70078/02 (Unpublished, Hidden J, 16 December 2005) Johnston v Commissioner of Police, NSW Police Force [2009] NSWADT 172 McGuirk v Attorney-General's Department [2007] NSWADT 138 Midlands Metals Overseas Limited v Director of Customs (1991) 30 FCR 87 Saleam v Director-General, Department of Community Services [2002] NSWADT AP 30 Saleam v Director-General, Department of Community Services [2002] NSWADT 41 Trlin v Director-General, Department of Fair Trading [2000] NSWADT 192 University of New South Wales v McGuirk [2006] NSWSC 1362 Victoria Police v Marke [2008] VSCA 218 Category: Principal judgment Parties: James Saleam (Applicant) Department of Human Services, Community Services (Respondent) Representation: Counsel M Allars (Respondent) J Saleam (Applicant in person) File Number(s): 103116