McInnes v Department of Education and Communities [2014] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McInnes v Department of Education and Communities [2014] NSWCATAP 2 Hearing dates: 12 February 2014 Decision date: 18 February 2014 Jurisdiction: Appeal Panel Before: Wright J, President P Molony, Senior Member P Smith AM, General Member Decision: (1)Appeal on the question of law dismissed. (2)Leave to extend the appeal to the merits refused. Catchwords: APPEAL - whether a question of law - extend appeal to the merits - no requirement for a question of law to be granted leave to extend to merits review

PROCEDURE - transitional matters - jurisdiction of NCAT Appeal Panel - law governing the appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Lloyd v Veterinary Surgeons Investing Committee [2005] NSWCA 456 Category: Principal judgment Parties: Neale McInnes (Appellant) NSW Department of Education and Communities (Respondent) Representation: N McInnes (Appellant in person) E Stathis (Respondent with leave) File Number(s): 1390039 Decision under appeal Jurisdiction: 9108 Citation: [2013] NSWADT 219 Date of Decision: 2013-10-09 00:00:00 Before: N Isenberg (Judicial Member) File Number(s): 133088, 133040