People with Disability Australia Incorporated v The Minister for Disability Services

The matter before the court involved People with Disability Australia Incorporated as the applicant and the Minister for Disability Services as the respondent. The dispute centred around the applicant's request for judicial review of certain funding decisions made by the respondent. The application was brought under the Administrative Decisions (Judicial Review) Act 1977. The court was tasked with determining whether the application should be dismissed due to a lack of identifiable decision or reviewable decision.

The primary legal issue before the court was whether the applicant had identified a decision or a series of decisions that could be subject to judicial review. The court also had to consider whether the application complied with the requirements of section 6(2) and (3) of the Administrative Decisions (Judicial Review) Act 1977. Specifically, the court examined whether the applicant had identified the decision or decisions that were the subject of the application and whether these decisions were reviewable under the Act.

The court found that the application was deficient in identifying a specific decision or decisions that could be subject to judicial review. The court noted that the application was vague and did not provide sufficient information to identify the decisions that the applicant sought to challenge. Additionally, the court observed that the applicant had not demonstrated how the decisions in question were reviewable under the Act. Consequently, the court determined that the application did not meet the statutory requirements for judicial review. The court further ordered that the respondent provide written submissions within 14 days to identify the power under which the decision to fund the Sunny Field Association was made and the operation of s6(2) and (3) of the Administrative Decisions (Judicial Review) Act 1977 in relation to that decision. The applicant was then required to file and serve written submissions in reply within a further 14 days. The application was listed for further directions on 29 June 2011 at 10 am.