NVCV and Secretary, Department of Infrastructure, Transport, Regional Development and Communications

This matter concerned an application to the Administrative Appeals Tribunal (AAT) for a review of a decision made by the Minister under the *Airports Act 1996*. The applicant, NVCV, sought to challenge the Minister's decision, and the Secretary of the Department of Infrastructure, Transport, Regional Development and Communications was the respondent. Deputy President S A Forgie presided over the proceedings.

The primary legal issues before the Tribunal were whether the applicant, NVCV, possessed the requisite standing to make an application for review, specifically whether its interests were affected by the Minister's decision as required by section 81 of the *Airports Act 1996* and section 27(1) of the *Administrative Appeals Tribunal Act 1996*. Additionally, the Tribunal considered whether other parties claiming an interest in the decision could be joined to the proceedings before the applicant's own entitlement to apply was determined, and whether there were grounds to make a confidentiality order under section 35 of the *Administrative Appeals Tribunal Act 1996*.

The Tribunal determined that the applicant, NVCV, did not satisfy the threshold requirement of having its interests affected by the Minister's decision. Consequently, NVCV lacked the necessary standing to lodge an application for review with the Tribunal. As the applicant did not have standing, the Tribunal found no basis to join other purported interested parties to the proceedings. The Tribunal also made a confidentiality order.