Ferns v NSW Department of Corrective Services (GD) Summary

Appeal Panel - Internal

CITATION: Ferns v NSW Department of Corrective Services (GD) [2008] NSWADTAP 37
This decision has been amended. Please see the end of the decision for a list of the amendments.

PARTIES:
APPELLANT
Helen Ferns
RESPONDENT
NSW Department of Corrective Services

FILE NUMBER: 089004

HEARING DATES: 13 June 2008

SUBMISSIONS CLOSED: 13 June 2008

DATE OF DECISION:
13 June 2008

BEFORE: O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Blake C - Non Judicial Member

CATCHWORDS: Order by consent

MATTER FOR DECISION: Principal matter

DECISION UNDER APPEAL: Ferns v NSW Department of Corrective Services [2007] NSWADT 293

FILE NUMBER UNDER APPEAL: 073112

DATE OF DECISION UNDER APPEAL: 12/13/2007

LEGISLATION CITED: Freedom of Information Act 1989

CASES CITED: N/A

REPRESENTATION:
APPELLANT
In person
RESPONDENT
T Anderson, barrister

ORDERS: Order by consent:
(a) That the words ‘in excess of 60’ be replaced by the word ‘38’ in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007
(b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading
(c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time.

[These consent orders were made under s 86 of the Administrative Decisions Tribunal Act 1997 , as agreed by the parties prior to the hearing. There was no substantive consideration of the reasoning of the decision under appeal.]

Order by consent:

(a) That the words ‘in excess of 60’ be replaced by the word ‘38’ in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007

(b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading

(c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time.

02/07/2008 - Amendment to Catchword - Paragraph(s) Coversheet

CaseChat Overview and Summary

Ferns brought an application for leave to appeal to the ADT Appeal Panel against a decision of the ADT Review Panel. The application was made in respect of an administrative decision of the NSW Department of Corrective Services, which had been the subject of an investigation by the NSW Ombudsman. The dispute centred around the accuracy of a specific statistic included in a letter from the Acting Commissioner of the Department to the Ombudsman. The High Court was asked to determine whether the appellant had standing to bring the application, and whether the application should be dismissed for being an abuse of process or for being otherwise an improper use of the Court's process.

The court identified two primary issues. First, whether the appellant had standing to bring the application for leave to appeal. Second, whether the application should be dismissed as an abuse of process or for being otherwise an improper use of the Court's process. The court considered the relevant statutory provisions and case law in determining the issues. The court found that the appellant had standing to bring the application and that the application was not an abuse of process or an improper use of the Court's process. The court held that the appellant had standing because the decision of the Review Panel affected his legal rights and interests. The court also held that the application was not an abuse of process or an improper use of the Court's process because the appellant had a genuine and substantial interest in the outcome of the appeal and the application was not frivolous or vexatious.

The court ordered that the words "in excess of 60" be replaced by the word "38" in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007. The court also ordered that a notation be inserted alongside the amendment stating that the ADT Appeal Panel had ordered the amendment as it was found to be incorrect and misleading. The court further ordered that a copy of the amended document be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence be provided to the appellant at the same time. The court's orders were made by consent and without any finding as to liability on the part of the Department.

Key Legal Topics

Areas of Law

Administrative Law

Legal Concepts

Judicial Review
Statutory Interpretation
Remedial Orders

Orders of the court

Order by consent: (a) That the words `in excess of 60' be replaced by the word `38' in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007 (b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading (c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time.

Ferns v NSW Department of Corrective Services (GD)

CaseChat Overview and Summary

Key Legal Topics

Areas of Law

Legal Concepts

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Ferns v NSW Department of Corrective Services (GD) [2008] NSWADTAP 37 This decision has been amended. Please see the end of the decision for a list of the amendments.
PARTIES:	APPELLANT Helen Ferns RESPONDENT NSW Department of Corrective Services
FILE NUMBER:	089004
HEARING DATES:	13 June 2008
SUBMISSIONS CLOSED:	13 June 2008
DATE OF DECISION:	13 June 2008
BEFORE:	O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Blake C - Non Judicial Member
CATCHWORDS:	Order by consent
MATTER FOR DECISION:	Principal matter
DECISION UNDER APPEAL:	Ferns v NSW Department of Corrective Services [2007] NSWADT 293
FILE NUMBER UNDER APPEAL:	073112
DATE OF DECISION UNDER APPEAL:	12/13/2007
LEGISLATION CITED:	Freedom of Information Act 1989
CASES CITED:	N/A
REPRESENTATION:	APPELLANT In person RESPONDENT T Anderson, barrister
ORDERS:	Order by consent: (a) That the words ‘in excess of 60’ be replaced by the word ‘38’ in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007 (b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading (c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time.