Davis v Minister for Health [2021] NSWCATAD 310

Davis v Minister for Health [2021] NSWCATAD 310

The Tribunal held that s 7(7) of the Public Health Act 2010 (NSW) does not confer jurisdiction on it to review the making of the Public Health Order or the directions given by that order, nor the employment-related decisions of the Northern NSW Local Health District, as such decisions either fall within the express exclusions in the Act or are not administratively reviewable decisions under enabling legislation. Accordingly, the application is dismissed as misconceived or lacking in substance under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
25 October 2021
Procedural Posture
Administrative Review / Summary Dismissal
Outcome
Application dismissed
Legal Topics
['administrative Review' 'jurisdiction' 'summary Dismissal' 'public Health Orders' 'procedural Fairness']
['administrative Law'] ['administrative Review' 'jurisdiction' 'summary Dismissal' 'public Health Orders' 'procedural Fairness']

Case Brief

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Procedural Posture

Administrative Review / Summary Dismissal

Legal Issues

  1. 1 ['Whether the NSW Civil and Administrative Tribunal has jurisdiction to review the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 (NSW) under s 7(7) of the Public Health Act 2010 (NSW)' 'Whether the Tribunal can review decisions of the Northern NSW Local Health District arising out of that public health order' 'Whether the application should be summarily dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)']

Ratio Decidendi

The Tribunal held that s 7(7) of the Public Health Act 2010 (NSW) does not confer jurisdiction on it to review the making of the Public Health Order or the directions given by that order, nor the employment-related decisions of the Northern NSW Local Health District, as such decisions either fall within the express exclusions in the Act or are not administratively reviewable decisions under enabling legislation. Accordingly, the application is dismissed as misconceived or lacking in substance under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Application dismissed

Orders

  • ['Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013, the application made by Danielle Davis on 23 September 2021 is dismissed.']