BKW v Department of Family and Community Services [2015] NSWCATAP 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKW v Department of Family and Community Services [2015] NSWCATAP 232 Hearing dates: 21 August 2015 Date of orders: 28 October 2015 Decision date: 28 October 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals Dr J Lucy, Senior Member Decision: 1. Leave to appeal granted. 2. Decision to refuse to extend time set aside. 3. Order that the review application be dismissed. Catchwords: ADMINISTRATIVE REVIEW – Community Services Review Jurisdiction – Practice and Procedure – Late Review Application – Refusal of extension of time –Interlocutory appeal – Leave granted - Relevant Provisions – Relevant Considerations – Appeal allowed – No utility in further consideration of matter – Review application dismissed, Community Services (Complaints, Reviews and Monitoring Act) 1993, s 29(3). Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Review Act 1997 Children and Young Persons (Care and Protection Act) 1998 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Community Services (Complaints, Reviews and Monitoring Act) 1993 Cases Cited: Arthur Yates & Co Pty Ltd v Vegetable Seeds Committee (1945) 72 CLR 37 Associated Minerals Consolidated Ltd v Wyong Shire Council [1975] AC 538 BDK v Department of Education and Communities [2015] NSWCATAP 129 Bromley v Dawes (1983) 34 SASR 73). Brownells Ltd v Ironmongers' Wages Board (1950) 81 CLR 108 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police New South Wales Police Force v Fine and Independent Liquor and Gaming Authority [2014] NSWCATAP 24 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 Ferdinands v Commissioner for Public Employment (2006) 225 CLR 130 House v R [1936] HCA 40; (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Olsen v Lee [2015] NSWCATAP 17 Royal Automobile Club of Australia v Sydney City Council (1992) 27 NSWLR 282 Category: Principal judgment Parties: BKW (Appellant) Department of Family and Community Services (Respondent) Representation: Counsel: P. Batley (Appellant)