Black -v- General Manager, Bathurst City Council [2001] NSWADT 139

Black -v- General Manager, Bathurst City Council [2001] NSWADT 139

The application was lodged outside the 60-day period specified in s 54 of the Freedom of Information Act 1989, and the Tribunal has no power to extend that period due to the effect of ss 40 and 44 of the Administrative Decisions Tribunal Act 1997 and the principle from Cheung v Administrative Decisions Tribunal.

Jurisdiction
Australia
Judgment Date
20 August 2001
Procedural Posture
Application for Review of Administrative Decision / Jurisdictional Ruling on Late Application
Outcome
application dismissed
Legal Topics
['freedom of Information' 'extension of Time' 'jurisdiction']
['administrative Law'] ['freedom of Information' 'extension of Time' 'jurisdiction']

Case Brief

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Procedural Posture

Application for Review of Administrative Decision / Jurisdictional Ruling on Late Application

Legal Issues

  1. 1 ['Whether the application to the Tribunal was lodged within the statutory time limit' 'Whether the Tribunal has power to extend the time for lodging the application']

Ratio Decidendi

The application was lodged outside the 60-day period specified in s 54 of the Freedom of Information Act 1989, and the Tribunal has no power to extend that period due to the effect of ss 40 and 44 of the Administrative Decisions Tribunal Act 1997 and the principle from Cheung v Administrative Decisions Tribunal.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.']