Turner v Director of Public Prosecutions (GD) [2013] NSWADTAP 27

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Turner v Director of Public Prosecutions (GD) [2013] NSWADTAP 27 Hearing dates: 20 May 2013 Decision date: 20 May 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President Decision: Leave to appeal refused Catchwords: APPEAL - Out of time - Inadequate explanation for delay - Point of law not arguable - Leave refused Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Category: Interlocutory applications Parties: Donovan Turner (Appellant) Director of Public Prosecutions (Respondent) Representation: In person (Appellant) G Rees, Director of Public Prosecutions (NSW) (Respondent) File Number(s): 139016 Decision under appeal Citation: Turner v Director of Public Prosecutions [2012] NSWADT 198 Date of Decision: 2012-09-24 00:00:00 Before: General Division File Number(s): 123013

reasons for decision 1On 20 May 2013, I heard an application by Mr Turner to proceed with an appeal to the Appeal Panel out of time and refused leave. I gave short oral reasons, and promised a fuller set of reasons, now provided. 2Mr Turner lodged his notice of appeal on 17 April 2013. It concerned a decision of the General Division made 24 September 2012. 3Section 113 of the Administrative Decisions Tribunal Act 1997 (ADT Act) provides: (3) An appeal under this Part must be made: (a) within 28 days after the Tribunal gives the party oral reasons or written reasons for the appealable decision (whichever is the later), or (b) within such further time as the Appeal Panel may allow. 4This is an interlocutory issue. The Appeal Panel may be constituted by one presidential member, as it was (ADT Act, s 113(2A), (2B); see also s 24A(1)).