Saleam v Registrar, Registry of Births, Deaths & Marriages [2011] NSWADT 254

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Saleam v Registrar, Registry of Births, Deaths & Marriages [2011] NSWADT 254 Hearing dates: On the papers Decision date: 08 November 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The application for an extension of the time for bringing of the application to the Tribunal is refused. 2. The application is dismissed Catchwords: Out of time - leave for an extension of the time - refused Legislation Cited: Administrative Decisions Tribunal Act 1997 Births Deaths and Marriages Registration Act 1995 Cases Cited: Director General, Department of Infrastructure, Planning and Natural Resources v Stapleton [2003] NSWADT 212 Hawke v Chief Executive Officer, Workcover NSW [2008] NSWADT 4 In Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Ministry of Transport v Kharbanda (GD) [2006] NSWADTAP 61 Re Ljubo Maric v Comcare [1993] FCA 31; (1993) 40 FCR 244 Saleam v Registrar of Births, Deaths & Marriages [2003] NSWADT 79 Saleam v Registry of Births Deaths and Marriages 30 November 2010, Unreported Category: Interlocutory applications Parties: James Saleam (Applicant) Registrar, Registry of Births, Deaths & Marriages (Respondent) Representation: J Saleam (Applicant) Crown Solicitor (Respondent) File Number(s): 113176

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The applicant has applied to the Tribunal for review of a decision of the Registrar, Registry of Births, Deaths & Marriages Review ("the Registrar") in relation to a request for a copy of a marriage certificate of a named individual ("Ms A"). 2It is common ground that the application to the Tribunal was not brought within the time allowed by the applicable legislation. A preliminary issue has arisen in regard to whether the time for bringing of the application to the Tribunal should be extended to permit the application.