AF v Roads and Maritime Services (No 2)

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

AF v Roads and Maritime Services (No 2) [2012] NSWADT 210

Hearing dates:

On the papers

Decision date:

16 October 2012

Jurisdiction:

General Division

Before:

P H Molony, Judicial Member

Decision:

1. Pursuant to s 71(4) of the Administrative Decisions Tribunal Act 1997 the Tribunal being, satisfied that AF is an incapacitated person within the meaning of s 71(7)(b,) appoints a guardian from the guardian ad litem panel to represent AF in these proceedings.

2. Liberty to apply with respect to hearing dates.

Catchwords:

Incapacity - appointment of representative - guardian ad litem

Legislation Cited:

Administrative Decisions Tribunal Act 1997

Cases Cited:

AF v RTA [2009] NSWADT 274
AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 16
Crewdson v Central Sydney AHS [2002] NSWCA 345
Dezfouli v Corrective Services [2011] NSWADT 11
GA v The University of Sydney (GD) [2010] NSWADTAP 31
Roads and Maritime Services v AF; AF v Roads and Maritime Services (GD) [2011] NSWADTAP 63
Slaveski v State of Victoria and Others [2009] VSC 596
NZ v State of New South Wales (Department of Housing) [2009] NSWADT 165

Category:

Procedural and other rulings

Parties:

AF (Applicant, in person)
Roads and Maritime Services (Respondent)

Representation:

AF (Applicant, in person)
King and Wood Mallesons (Respondent)

File Number(s):

073135 and 073275

REASONS FOR DECISION

Introduction

1. These reasons for decision consider whether or not the Tribunal should appoint a person to represent AF in proceedings that she has brought in the Tribunal under the Privacy and Personal Information Protection Act 1998, despite AF objecting to such an appointment. AF filed two applications with respect to 7 separate privacy complaints.

1. In these reasons the names of private individuals have been anonymised to protect their privacy.

The relevant law

1. Section 71 of the Administrative Decisions Tribunal Act 1997 relevantly provides -

(4) If it appears to the Tribunal that a party is an incapacitated person, the Tribunal may appoint any other person the Tribunal thinks fit to represent the party.

(5) Anything done or omitted to be done by a member of the Guardian Ad Litem Panel who is appointed by the Tribunal under subsection (4) to represent a party to the proceedings who is an incapacitated person does not subject the member personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of representing the incapacitated person.

(5A) However, any such liability attaches instead to the Crown.

...

(7)In this section:

Guardian Ad Litem Panel means the panel constituted as the Guardian Ad Litem Panel by the Director-General of the Department of Justice and Attorney General.

incapacitated person means:

(a) a minor, or

(b) a person who is totally or partially incapable of representing himself or herself in proceedings before the Tribunal because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled, or

(c)…