Harms v Sydney West Area Health Service [2011] NSWADTAP 48

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Harms v Sydney West Area Health Service [2011] NSWADTAP 48 Hearing dates: 29 November 2010 Decision date: 28 October 2011 Jurisdiction: Appeal Panel - Internal Before: R Madgwick, Deputy President G Furness, Judicial member J Schneeweiss, Non Judicial member Decision: 1) Mr Harms' submissions are to be treated as an informal Notice of Appeal raising the following questions of law and the time for lodging such notice extended accordingly: a) Whether he had not been given the opportunity to respond to the respondent's objection to the admission of evidence of certain matters allegedly occurring after the time of his alleged victimisation, and b) Whether at the conclusion of the hearing he was denied the opportunity to make submissions in reply to those of Ms Price the solicitor for the respondent. 2) The question referred to in Order 1(a) is answered in the affirmative. 3) Leave is given to extend the appeal to the merits so far as necessary to enable the Appeal Division to reconsider the merits of the case in the light of any written reply to Ms Price's submissions in the original hearing that Mr Harms may now wish to make. Such reply must be made within 28 days. 4) The appeal is dismissed as to all other grounds. Category: Principal judgment Parties: Allan Frederick Harms (Appellant) Sydney South West Area Health Service (Respondent) Representation: A Harms (Appellant in person) Bartier Perry (Respondent) File Number(s): 109049 Decision under appeal Citation: Harms v Sydney South West Area Health Service [2010] NSWADT 183 Date of Decision: 2010-07-21 00:00:00 Before: Equal Opportunity Division File Number(s): 091023, 091096