People with Disability Australia Inc v Minister for Disability Services [2009] NSWADT 259

People with Disability Australia Inc v Minister for Disability Services [2009] NSWADT 259

Leave to proceed out of time is granted as a reasonable explanation for the delay exists, and PWD has demonstrated genuine concern with the subject-matter, conferring standing under s 29(1) of the Community Services Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Application for Review of Administrative Decision / Preliminary Hearing on Leave to Proceed Out of Time and Standing
Outcome
Leave granted for out of time application; standing conferred
Legal Topics
['standing' 'late Application' 'review of Administrative Decisions']
['administrative Law' 'disability Law'] ['standing' 'late Application' 'review of Administrative Decisions']

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Procedural Posture

Application for Review of Administrative Decision / Preliminary Hearing on Leave to Proceed Out of Time and Standing

  1. 1 ['Whether leave should be granted for the application to proceed out of time' 'Whether People with Disability Australia has standing to bring the application for review']

Ratio Decidendi

Leave to proceed out of time is granted as a reasonable explanation for the delay exists, and PWD has demonstrated genuine concern with the subject-matter, conferring standing under s 29(1) of the Community Services Act.

Court Disposition

Leave granted for out of time application; standing conferred

Orders

  • ["Leave is granted for the application for review of the Minister's decision deemed to have been made on 5 June 2008 to be made out of time." "PWD has standing to bring the application for review of the Minister's decision deemed to have been made on 5 June 2008."]