People with Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253

People with Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253

The Appeal Panel erred in law in construing s 6(1)(g) of the Administrative Decisions Tribunal Act 1997 as not applying to conduct of the Minister in continuing to provide designated services; such conduct constitutes a 'decision' for the purpose of review by the Tribunal when the statutory and regulatory scheme expressly so provides.

Jurisdiction
Australia
Judgment Date
30 August 2011
Procedural Posture
Appeal / Judgment on Appeal From Appeal Panel of the Administrative Decisions Tribunal
Outcome
Appeal allowed
Legal Topics
['statutory Appeals From Administrative Bodies' 'jurisdiction of Administrative Decisions Tribunal' 'construction of Administrative Decisions Tribunal Act 1997 S 6(1)(g)' 'orders Where No Ongoing Dispute (mootness)']
['administrative Law' 'civil Procedure'] ['statutory Appeals From Administrative Bodies' 'jurisdiction of Administrative Decisions Tribunal' 'construction of Administrative Decisions Tribunal Act 1997 S 6(1)(g)' 'orders Where No Ongoing Dispute (mootness)']

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Procedural Posture

Appeal / Judgment on Appeal From Appeal Panel of the Administrative Decisions Tribunal

Legal Issues

  1. 1 ['Whether ongoing conduct constitutes a reviewable decision under the Administrative Decisions Tribunal Act 1997' "Whether Tribunal had jurisdiction to hear and determine application for review of Minister's decision" 'Whether the Appeal Panel erred in its construction of the relevant legislation']

Ratio Decidendi

The Appeal Panel erred in law in construing s 6(1)(g) of the Administrative Decisions Tribunal Act 1997 as not applying to conduct of the Minister in continuing to provide designated services; such conduct constitutes a 'decision' for the purpose of review by the Tribunal when the statutory and regulatory scheme expressly so provides.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed' 'Orders 1 and 2 made by the Appeal Panel on 18 June 2010 set aside' "The respondent to pay the appellant's costs of the appeal"]