Roads and Maritime Services v AF; AF v Roads and Maritime Services (GD) [2011] NSWADTAP 63

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Roads and Maritime Services v AF; AF v Roads and Maritime Services (GD) [2011] NSWADTAP 63 Hearing dates: 12 September 2011 Decision date: 21 December 2011 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President S Montgomery, Judicial Member M Bolt, Non-judicial Member Decision: Appeal no. 119016 (by the agency) 1. The appeal is allowed in respect of the Tribunal's decisions to allow summonses to Mr Bushby, Mr Job and Mr Tout. The summonses are set aside. 2. The appeal is not allowed in relation to the decision affecting Mr Boggon. Appeal no. 119020 (by the review applicant) 3. The appeal is dismissed. Further Orders 4. The review applications are remitted to the Tribunal differently constituted. 5. The Tribunal is to hold its own directions hearing as soon as practicable. Catchwords: PROCEDURE - Summonses - Interlocutory Appeal - Approval sought by review applicant for summonses to agency officers and other bodies - Tribunal approved some and refused others - Relevant principles especially in privacy review cases - Agency appeal allowed in part - Review applicant's appeal disallowed - Administrative Decisions Tribunal Act 1997, s 84. Legislation Cited: Administrative Decisions Tribunal Act 1997 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AF v HealthQuest (GD) [2009] NSWADTAP 42 AF v Roads and Traffic Authority [2011] NSWADT 69 R v A and B [1999] NSWADTAP 2 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Waind v Hill and National Employers Mutual General Association Ltd [1978] 1 NSWLR 372 Category: Procedural and other rulings Parties: Roads and Maritime Services (Appellant) AF (Respondent Representation: P Gunning, Mallesons Stephen Jaques (Appellant) In person (Respondent) File Number(s): 119016 and 119020 Decision under appeal Citation: AF v Roads and Traffic Authority [2011] NSWADT 69 Date of Decision: 2011-04-05 00:00:00 Before: General Division File Number(s): 073135 and 073275