HV v Commissioner of Police [2009] NSWADT 100

HV v Commissioner of Police [2009] NSWADT 100

The Tribunal found the applicant, despite psychological impairment, currently possesses the ability to conduct his case, understand procedure, and formulate arguments; therefore, the appointment of a representative is not appropriate.

Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Application for Appointment of Representative / Interlocutory Decision
Outcome
Application dismissed
Legal Topics
['appointment of Representative' 'tribunal Procedure' 'privacy and Personal Information Protection']
['administrative Law'] ['appointment of Representative' 'tribunal Procedure' 'privacy and Personal Information Protection']

Case Brief

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Procedural Posture

Application for Appointment of Representative / Interlocutory Decision

Legal Issues

  1. 1 ['Whether the applicant is incapacitated and requires a representative under s.71 of the Administrative Decisions Tribunal Act 1997']

Ratio Decidendi

The Tribunal found the applicant, despite psychological impairment, currently possesses the ability to conduct his case, understand procedure, and formulate arguments; therefore, the appointment of a representative is not appropriate.

Court Disposition

Application dismissed

Orders

  • ['The application pursuant to s.71 of the Administrative Decisions Tribunal Act 1997 for appointment of a representative is dismissed.']