Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bungree Aboriginal Association Limited v NSW Registrar of Community Housing [2019] NSWCATAD 268 Hearing dates: On the papers Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) This matter is to be dealt with as an external appeal by way of a rehearing on the basis of the evidence that was before the Registrar. (2) The appeal is otherwise to be conducted in accordance with these reasons for decision. (3) The parties are to provide to the Tribunal on or before 17 January 2020 an agreed timetable for the exchange of submissions and to indicate suitable dates for hearing in accordance with the agreed timetable. Catchwords: PRACTICE AND PROCEDURE - appeal from decision under Community Housing Providers National Law to cancel housing provider's registration – scope of decision being appealed

PRACTICE AND PROCEDURE – appeal from decision under Community Housing Providers National Law – legislation silent on nature of appeal – whether appeal within general jurisdiction or appeal jurisdiction - whether external appeal - nature and extent of appeal – whether strict appeal, rehearing or new hearing – whether new evidence can be introduced on appeal Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Community Housing Providers National Law Community Housing Providers (Adoption of National Law) Act 2012 (NSW) Housing Act 2003 (Qld) Magistrates Court (Administrative Appeals Division) Act 2001 (Tas) South Australian Civil and Administrative Tribunal Regulations 2015 (SA) Cases Cited: Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 DGM v NSW Trustee and Guardian [2017] NSWCATAP 220 Dwyer v Calco Timbers Pty Ltd [2008] HCA 13 Fox v Percy [2003] HCA 22; 214 CLR 118 Kozanoglu v Pharmacy Board of Australia [2012] VSCA 295 Re Coldham; Ex parte Brideson (No 2) [1990] HCA 36; (1990) 170 CLR 267 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 Tasty Chicks Pty Limited v Chief Commissioner of State Revenue [2011] HCA 41; (2011) 245 CLR 446 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Wakefield v Commissioner of State Revenue [2019] QSC 85 Texts Cited: R Creyke, J McMillan and M Smyth, Control of Government Action: Text, Cases & Commentary, Fourth Edition, LexisNexis Butterworths, 2015 Category: Procedural and other rulings Parties: Bungree Aboriginal Association Limited (Applicant) NSW Registrar of Community Housing (Respondent) Representation: Counsel: S Prince & J Alderson (Applicant) J Taylor (Respondent)