COMMISSIONER OF CORRECTIVE SERVICES v WALKER and ORS [2007] NSWCA 213

COMMISSIONER OF CORRECTIVE SERVICES v WALKER and ORS [2007] NSWCA 213

The appeal was incompetent because it was not lodged within the statutory 21-day period following a valid written tribunal decision as required by s55 and s48(4) of the GREAT Act; informal notification did not constitute 'decision' for appeal purposes.

Jurisdiction
Australia
Judgment Date
16 August 2007
Procedural Posture
Appeal / Judgment
Legal Topics
['statutory Interpretation' 'jurisdiction of Tribunal' 'appeal Procedures' "definition of 'decision'"]
['administrative Law'] ['statutory Interpretation' 'jurisdiction of Tribunal' 'appeal Procedures' "definition of 'decision'"]

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether appeal under s20 of the Government and Related Employees Appeal Tribunal Act 1980 (NSW) was competent given time and jurisdictional requirements' "Meaning and timing of 'decision of the Tribunal' for appeal submission period" 'Application of s21(1)(e) exclusion circumstances']

Ratio Decidendi

The appeal was incompetent because it was not lodged within the statutory 21-day period following a valid written tribunal decision as required by s55 and s48(4) of the GREAT Act; informal notification did not constitute 'decision' for appeal purposes.

Court Disposition

Orders

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