Category Archives: Administrative Law

Administrative Law, Commercial Law, Consumer Law, Courts and Tribunals, Disability Law, Discrimination Law, Elder Law, Ethics, Guardianship, Human Rights, Licensing, Professional conduct

NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT)http://www.ncat.nsw.gov.au/ncat/index.html commenced on 1 January 2014 pursuant to the NSW Civil and Administrative Act 2013 and Civil and Administrative Regulation 2013.

The NCAT takes over the functions of 22 former state tribunals, including:

  • Aboriginal and Torres Strait Islander Health Practice Tribunal
  • Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
  • Administrative Decisions Tribunal
  • Charity Referees
  • Consumer, Trader and Tenancy Tribunal
  • Dental Tribunal
  • Guardianship Tribunal
  • Chinese Medicine Tribunal
  • Chiropractic Tribunal
  • Medical Radiation Practice Tribunal
  • Medical Tribunal
  • Nursing and Midwifery Tribunal
  • Occupational Therapy Tribunal
  • Optometry Tribunal
  • Osteopathy Tribunal
  • Pharmacy Tribunal
  • Physiotherapy Tribunal
  • Podiatry Tribunal
  • Psychology Tribunal
  • Local Government Pecuniary Interest and Disciplinary Tribunal
  • Local Land Boards
  • Victims Compensation Tribunal (transferred into the ADT in June 2013)
  • Vocational Training Appeals Panel.

The NCAT is constituted by a President (a Supreme Court judge), Deputy Presidents of each of the four divisions, a Principal Registrars and Members including Principal Member, Senior Members and General Members.

The NCAT has four divisions:

  • Administrative and Equal Opportunity, which deals with review of administrative decisions of government agencies and resolution of discrimination matters.
  • Consumer and Commercial, which deals with a broad number of disputes about the supply of goods and services, including agent commissions and fees; agricultural tenancies; boarding houses; consumer claims; conveyancing costs; dividing fences; holiday parks (long-term occupancy); home building; motor vehicles; pawnbrokers and second-hand dealers; residential parks; retail leases; retirement villages; social housing; strata and community schemes; tenancy; travel compensation fund appeals.
  • Guardianship, which has jurisdiction over people who live in NSW or hold property or financial assets in NSW: to make guardianship orders for the appointment of a private or public guardian; make financial orders for a private or public financial manager; provide consent for medical or dental treatment; review enduring powers of attorney; review an enduring guardianship appointment; approve a clinical trial involving people with decision-making disabilities.
  • Occupational, including: administrative review of licensing decisions with respect to transport drivers/operators, security guards, builders, real estate agents, motor dealers and repairers, pawnbrokers and second hand dealers, stock and station agents, business agents, travel agents, valuers and licenced conveyancers; professional discipline of occupations governed by a statutory council, board, panel or authority.

The current President is Justice Robertson Wright SC and the Deputy-Presidents are Magistrate Nancy Hennessy, Mr M D Schyvens, Mr Stuart Westgarth, The Hon. Wayne Haylen QC and Judge Kevin O’Connor AM.

The principal registry is located at Level 9, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000, tel 1300 006 228.

The divisional registries are:

  • Administrative and Equal Opportunity: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.
  • Consumer and Commercial: Level 12, 175 Castlereagh Street, Sydney NSW 2000 (also at Liverpool, Hurstville, Newcastle, Penrith, Tamworth and Wollongong).
  • Guardianship: Level 3, 2a Rowntree Street Balmain NSW 2041.
  • Occupational: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.

Lawyers 1300 00 2088

Administrative Law, Elder Law

R v Hunt; Ex Parte Sean Investments Pty Ltd [1977] HCA 32 | 19 July 1979

ON 19 JULY 1979, the High Court of Australia delivered R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322; (1979) 25 ALR 497 (19 July 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/32.html

The Commonwealth Minister for Health was required to consider, when conducting a review of a refusal to increase fees, the costs necessarily incurred by the approved nursing home in the provision of its services.

In this case the Minister considered that the nursing home’s increased rent was not a cost necessarily incurred because it was higher than rent normally paid by other nursing homes in the state.

The court held that the Minister failed to properly deal with the application because the rent was necessarily incurred in order to obtain possession of the premises.

The court granted a mandamus directing the Minister to consider the application according to law.

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Administrative Law, Guardianship

PZ v NSW Trustee and Guardian [2014] NSWCATAD

ON 23 APRIL 2014, the NSW Civil and Administrative Tribunal delivered PZ v NSW Trustee and Guardian [2014] NSWCATAD 91.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172584

The tribunal refused and dismissed an application by the daughter of a dementia sufferer to review a decision by the NSW Trustee and Guardian refusing funds to be made available for the purchase of a property as a residence for the father and daughter.

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Administrative Law, Injunctions, Migration Law

JARK (representing a class as defined in Paragraph 1 of “Nature of the Claim” in the Writ of Summons) v Minister for Immigration and Border Protection and Anor; SAS v Minister for Immigration and Border Protection and Anor [2014] HCATrans 148 (7 July 2014)

ON 7 JULY 2014, Justice Crennan of the High Court of Australia granted an interim injunction restraining the Commonwealth from taking, removing, deporting or surrendering certain asylum seekers into the custody of the government of Sri Lanka.

http://www.austlii.edu.au/au/other/HCATrans/2014/148.html

Lawyers

Sydney, Australia

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Administrative Law, Corporations Law, Guardianship

AHB v NSW Trustee and Guardian [2014] NSWCA 216

ON 7 JULY 2014, the NSW Court of Appeal delivered AHB v NSW Trustee and Guardian [2014] NSWCA 216.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172537

The Court dismissed an appeal of an Appeal Panel upholding a decision of the Administrative Decisions Tribunal to confirm the decision of the NSW Trustee and Guardian to sell sell the protected person’s family home.

Despite being unsuccessful, the protected person was not ordered to pay the NSW Trustee and Guardian’s costs.

Lawyers 1300 00 2088

Administrative Law, Courts and Tribunals

Heatley v Tasmanian Racing and Gaming Commission [1977] HCA 39 | 7 July 1977

ON 7 JULY 1977, the High Court of Australia delivered Heatley v Tasmanian Racing & Gaming Commission [1977] HCA 39; (1977)137 CLR 487 (7 July 1977).

http://www.austlii.edu.au/au/cases/cth/HCA/1977/39.html

Heatley had been warned off racecourses in Tasmania without any notice by the Commission of it’s intention to do so. The court held that the Commission was bound by the rules of natural justice to give such notice (unless there was an emergency) and that Heatley should have had the opportunity to make representations before the Commission made it’s decision.

The court found that Heatley, as a member of the public, had a legitimate expectation of being admitted to the racecourse and that for the rules of natural justice to apply, the applicant only needed to have a legitimate expectation rather than a right or interest.
Lawyer

Lawyers

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Administrative Law

Sydney Ferries v Morton [2010] NSWCA 156 | 6 July 2010

ON 6 JULY 2010, the NSW Court of Appeal delivered Sydney Ferries v Morton [2010] NSWCA 156 (6 July 2010).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/156.html

Lawyers

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Administrative Law, Practice and Procedure

Re Hunter Valley Developments Pty Limited [1984] FCA 176 | 5 July 1984

ON 5 JULY 1984, the Federal Court of Australia delivered Re Hunter Valley Developments Pty Limited; Anthony Neary Walker; Mende Brown v the Honourable Barry Cohen Minister of Home Affairs and Environment [1984] FCA 176; (1984) Admn 96-034 /; 3 FCR 344 (5 July 1984).

http://www.austlii.edu.au/au/cases/cth/FCA/1984/176.html

Lawyers

Sydney, Australia

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Administrative Law, Migration Law

FTZK v Minister for Immigration and Border Protection [2014] HCA 26

ON 27 JUNE 2014, the High Court of Australia delivered FTZK v Minister for Immigration and Border Protection [2014] HCA 26 (27 June 2014).

http://www.austlii.edu.au/au/cases/cth/HCA/2014/26.html

Click to access hca-26-2014-06-27.pdf

The appellant was a Chinese national alleged to have committed serious crimes including kidnapping and murder in 1996. His protection visa application was refused by the immigration minister or the grounds that he was excluded from protection due to the alleged crimes. The Administrative Appeals tribunal affirmed the minister’s decision and the Full Court of the Federal Court of Australia dismissed an appeal against the AAT.

The High Court allowed an appeal against the Full Court, holding that the AAT had made a jurisdictional error in how it found that the refugee had committed the crimes.

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Administrative Law, Freedom of Information

Pedestrian Council of Australia Limited v North Sydney Council [2014] NSWCATAD

ON 17 JUNE 2014, the NSW Civil and Administrative Tribunal – Administrative and Equal Opportunity Division delivered Pedestrian Council of Australia Limited v North Sydney Council [2014] NSWCATAD 80 (17 June 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2014/80.html

The tribunal set aside a decision of North Sydney Council refusing to release a document sought by the Pedestrian Council under the Government Information (Public Access) Act 2009. The tribunal held that the considerations against release were outweighed by the fact that the document had previously been disclosed.

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