Raison v Adopt Change Ltd [2021] NSWCATAD 299

Raison v Adopt Change Ltd [2021] NSWCATAD 299

The Applicant did not identify any community welfare legislation or other enabling legislation under which the Respondent's decision to end his volunteer role was made. The decision was not shown to be an exercise of a function conferred on the Respondent by legislation, so the Tribunal's administrative review jurisdiction was not enlivened and the Application for Review was dismissed.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Application for Review in the Tribunal's Administrative Review Jurisdiction / Respondent's Application for Dismissal Determined on the Papers
Outcome
The Application for Review is dismissed.
Legal Topics
['administrative Review Jurisdiction' 'reviewability' 'enabling Legislation' 'procedural Fairness' 'dismissal for Misconceived or Lacking in Substance Proceedings']
['administrative Law'] ['administrative Review Jurisdiction' 'reviewability' 'enabling Legislation' 'procedural Fairness' 'dismissal for Misconceived or Lacking in Substance Proceedings']

Case Brief

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Procedural Posture

Application for Review in the Tribunal's Administrative Review Jurisdiction / Respondent's Application for Dismissal Determined on the Papers

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to review the Respondent's decision to conclude the Applicant's participation as a volunteer in the Program." "Whether the Respondent's decision was an administratively reviewable decision under Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW), s 28(1)(b)." 'Whether the proceedings should be dismissed because no enabling legislation conferred administrative review jurisdiction on the Tribunal.']

Ratio Decidendi

The Applicant did not identify any community welfare legislation or other enabling legislation under which the Respondent's decision to end his volunteer role was made. The decision was not shown to be an exercise of a function conferred on the Respondent by legislation, so the Tribunal's administrative review jurisdiction was not enlivened and the Application for Review was dismissed.

Court Disposition

The Application for Review is dismissed.

Orders

  • ['The Application for Review is dismissed.']