Doyle v NSW Maritime [2011] NSWADT 113

Doyle v NSW Maritime [2011] NSWADT 113

The letter of 5 March 2010 was no more than a response to Dr Doyle's inquiries and did not evidence any decision by the Minister under subsection 31(3) of the Marine Safety Act 1998 to impose, vary or revoke conditions or otherwise restrict the vessel's marine safety licence. It therefore was not a reviewable decision under section 42 of the Marine Safety Act 1998, so the Tribunal had no jurisdiction to hear and determine the application.

Jurisdiction
Australia
Judgment Date
24 May 2011
Procedural Posture
Application for External Review of an Administrative Decision / Preliminary Jurisdictional Issues / Interlocutory Application
Outcome
The Tribunal found that it had no jurisdiction to hear and determine the application.
Legal Topics
['reviewable Decision' 'tribunal Jurisdiction' 'standing as an Interested Person' 'marine Safety Licence Conditions' 'boat Share Guidelines']
['administrative Law' 'marine Safety Regulation'] ['reviewable Decision' 'tribunal Jurisdiction' 'standing as an Interested Person' 'marine Safety Licence Conditions' 'boat Share Guidelines']

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Procedural Posture

Application for External Review of an Administrative Decision / Preliminary Jurisdictional Issues / Interlocutory Application

Legal Issues

  1. 1 ["Whether the respondent's letter dated 5 March 2010 evidenced a decision reviewable by the Tribunal under section 42 of the Marine Safety Act 1998." 'Whether Dr Doyle had standing as an interested person to apply for review if there was a reviewable decision.']

Ratio Decidendi

The letter of 5 March 2010 was no more than a response to Dr Doyle's inquiries and did not evidence any decision by the Minister under subsection 31(3) of the Marine Safety Act 1998 to impose, vary or revoke conditions or otherwise restrict the vessel's marine safety licence. It therefore was not a reviewable decision under section 42 of the Marine Safety Act 1998, so the Tribunal had no jurisdiction to hear and determine the application.

Court Disposition

The Tribunal found that it had no jurisdiction to hear and determine the application.

Orders

  • ["The Tribunal has no jurisdiction to hear and determine the Applicant's application for review."]