Minister, Community Services v Mrs a (CSD)

Appeal Panel

CITATION:	Minister, Community Services v Mrs A (CSD) [2002] NSWADTAP 32
PARTIES:	APPELLANT Minister, Community Services FIRST RESPONDENT Mrs A SECOND RESPONDENT Mrs B THIRD RESPONDENT Mr L
FILE NUMBER:	019058
HEARING DATES:	22/02/02
SUBMISSIONS CLOSED:	04/17/2002
DATE OF DECISION:	08/29/2002
DECISION UNDER APPEAL:	Jones v Minister, Community Services [2001] NSWADT 192
BEFORE:	Kelly T (Deputy President); Britton A - Judicial Member; Houlahan L - Member
CATCHWORDS:	jurisdiction - relevant/irrelevant considerations
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	014009
DATE OF DECISION UNDER APPEAL:	11/29/2001
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Children (Care and Protection) Act 1987 Community Services (Complaints, Reviews and Monitoring) Act 1993
CASES CITED:	Jones v Minister, Community Services [2001] NSWADT 192 Mayhew v A [1999] NSWADTAP 1 Lloyd v Veterinary Surgeons Investigatin Committee [1999] NSWADTAP 3 Brandusoiu v Commissioner of Police [1999] NSWADTAp 8 Gelderman v Veterinary Surgeons Investigating Committee (GD) [2001] NSWADTAP 27 McGrory v Director-General of the Dept of Community Services (Sup Ct Unrep Brownie J 25 June 1992) Talbot v Minister for Community Services unreported NSW Supreme Court 22 April 1993 Britain v Minister for Famil & Community Services unreported NSW Supreme Court 23 December 1991 Drake v Minister for Immigration and Ethnic Affairs (1979) 46FLR 409 YG & GG v Minister for Community Services [2002] NSWCA 247 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Sean Investments Pty Ltd v MackEllar (1981) 38 ALR 363 Associated Provincial Picture Houses Ltd v Wednesday Corporation (1948) 1 KB 223 Absolen v NSW TAFE [1999] NSWCA 311 Woodside & anor v Director General, Department of Community Services (CS) [2000] NSWADTAP 8
REPRESENTATION:	APPELLANT M Anderson, barrister FIRST RESPONDENT C Olborne, barrister SECOND & THIRD RESPONDENT K Lindsey, solicitor
ORDERS:	The decision under appeal is affirmed

Section 126 provides

(1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal,
(b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division,
(c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.

(1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:

(a) who appears as a witness before the Tribunal in any proceedings, or
(b) to whom any proceedings before the Tribunal relate, or
(c) who is mentioned or otherwise involved in any proceedings before the Tribunal,

whether before or after the proceedings are disposed of.

Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.

(2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.

(3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies…