LN v Sydney South West Area Health Service [2009] NSWADT 325

LN v Sydney South West Area Health Service [2009] NSWADT 325

The Tribunal refused LN's application because, based on the manner in which the proceedings had been conducted to date and the earlier ruling concerning TA, there was good reason to doubt that TA possessed the abilities required to provide effective representation in these proceedings.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 December 2009
Procedural Posture
Application for Leave to Be Represented by an Agent in Proceedings Reviewing Agency Conduct Under Privacy Legislation / Written Reasons for Refusal of Leave Requested Under Section 89 of the Administrative Decisions Tribunal Act 1997
Outcome
Application refused.
Legal Topics
['appointment of Representative' 'leave to Appear' 'competence of Non Legal Representative' 'review of Agency Conduct']
['administrative Law' 'privacy Law'] ['appointment of Representative' 'leave to Appear' 'competence of Non Legal Representative' 'review of Agency Conduct']

Source-derived case record

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Procedural Posture

Application for Leave to Be Represented by an Agent in Proceedings Reviewing Agency Conduct Under Privacy Legislation / Written Reasons for Refusal of Leave Requested Under Section 89 of the Administrative Decisions Tribunal Act 1997

Legal Issues

  1. 1 ['Whether LN should be granted leave to be represented by TA in the proceedings.' 'Whether the Tribunal could be satisfied that TA had a sufficient degree of competence to provide effective representation and the ability to deal fairly and honestly with the Tribunal and other persons involved in the proceedings.']

Ratio Decidendi

The Tribunal refused LN's application because, based on the manner in which the proceedings had been conducted to date and the earlier ruling concerning TA, there was good reason to doubt that TA possessed the abilities required to provide effective representation in these proceedings.

Court Disposition

Application refused.

Orders

  • ["LN's application to be represented by TA in these proceedings is refused."]