People with Disability Australia Incorporated v Minister for Disability Services

People with Disability Australia Incorporated (PWDA) sought judicial review of a decision by the Minister for Disability Services. The dispute concerned whether the Administrative Decisions Tribunal (ADT) had the jurisdiction to hear and determine an application for review of the Minister's decision, specifically whether ongoing conduct constituted a reviewable decision under the *Administrative Decisions Tribunal Act 1997* (NSW). The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the ADT Appeal Panel had erred in its construction of section 6(1)(g) of the *Administrative Decisions Tribunal Act 1997* (NSW). This section defines the types of decisions that the Tribunal has jurisdiction to review. The Appeal Panel had determined that the Minister's ongoing conduct was not a reviewable decision, and PWDA sought to challenge this interpretation.

The Court of Appeal allowed the appeal, setting aside the orders of the Appeal Panel. The Court found that the Appeal Panel had indeed erred in its construction of the relevant provisions of the Act. While the Court acknowledged that there was no ongoing dispute between the parties, it proceeded to hear the appeal, indicating that there were circumstances in which it would entertain an appeal even in the absence of a live controversy. The Court's reasoning focused on the proper interpretation of "decision" within the meaning of the *Administrative Decisions Tribunal Act 1997* (NSW).