Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLQ v Commissioner of Police, NSW Police Force [2018] NSWCATAD 173 Hearing dates: 5 July 2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Where registrable person applied for respondent's approval to change his name – Where such approval refused - Whether Tribunal has jurisdiction to review decision not to provide approval Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: DLQ (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: No appearance for applicant Crown Solicitor's Office (Respondent) File Number(s): 2018/00145081 REASONS FOR DECISION 1. These proceedings concern the issue of whether the Tribunal has power to review the respondent's decision not to approve a registrable person's application to change his name. I have found that it does not. Background 1. The applicant is a "registrable person" within the meaning of s 3A of the Child Protection (Offenders Registration) Act 2000 (NSW) ("Act"). A "registrable person" is, relevantly, a person whom a court has at any time sentenced in respect of a registrable offence (Act, s 3A(1)). 2. The applicant applied to the respondent ("the Commissioner") for written approval to change his name, for the purposes of s 19E(1) of the Act. Under s 19E(1), a registrable person must not, without reasonable excuse, apply to the NSW Registrar of Births, Deaths and Marriages to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1995 (NSW), without having first obtained the written approval of the Commissioner. 3. A delegate of the Commissioner decided not to provide approval, finding that a change of the applicant's name was "not reasonable in the circumstances presented" (see Act, s 19F(1)). 4. The applicant then applied to the Tribunal seeking administrative review of the decision of the Commissioner's delegate. Summary dismissal application 1. The respondent applied for summary dismissal of the applicant's application on the basis that the Tribunal lacked jurisdiction. Submissions in support of this position were filed and served. 2. The applicant did not appear at the hearing of the respondent's summary dismissal application. The Tribunal telephoned him but he did not answer. As the applicant had been given a reasonable opportunity to be heard, and had not offered any explanation for his absence, the Tribunal proceeded to determine the summary dismissal application in his absence. Consideration of jurisdictional issue 1. The Administrative Decisions Review Act 1997 (NSW) ("ADR Act") provides for the circumstances in which the Tribunal has administrative review jurisdiction over a decision of an administrator: see Civil and Administrative Tribunal Act 2013 (NSW), s 30(1)). The Tribunal has administrative review jurisdiction over a decision of an administrator if "enabling legislation" provides that applications may be made to the Tribunal for an administrative review under the ADR Act of any such decision (ADR Act, s 9(1)). "Enabling legislation" is legislation that "provides for applications to be made to the Tribunal with respect to a specified matter or class of matters," or "otherwise enables the Tribunal to exercise functions with respect to a specified matter or class of matters" (ADR Act, s 4(1)). 2. The Act does not provide that applications may be made to the Tribunal for an administrative review under the ADR Act of a decision of the Commissioner to refuse an application for a name change, as contemplated by s 19F of the Act. There is no other legislation which so provides. 3. It follows that the Tribunal does not have jurisdiction to hear or determine the applicant's application. It is therefore without substance and should be dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act. Order 1. The applicant's application is dismissed. ********** I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 August 2018