Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Raison v Adopt Change Ltd [2021] NSWCATAD 299 Hearing dates: Hearing on the papers Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: The Application for Review is dismissed.
Catchwords: ADMINISTRATIVE LAW — Reviewability — Jurisdiction — no identified enabling legislation – dismissal
Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 9
Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 55
Community Services (Complaints, Reviews and
Monitoring) Act 1993 (NSW), ss 4, 28, 29
Cases Cited: Fox v Commissioner of Police, NSW [2016] NSWCATAD 77
Category: Principal judgment Parties: Kenneth Raison (Applicant)
Adopt Change Ltd (Respondent)Representation: Kenneth Raison (Applicant in person)
Adopt Change Ltd (Respondent in person)
File Number(s): 2021/00194569
REASONS FOR DECISION
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The Applicant, a former volunteer with the Respondent, seeks review of the Respondent’s decision to “conclude” his participation as a volunteer in one of its programs.
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The question for determination is: Does the Tribunal have jurisdiction to review such a decision? The answer, in short, is no.
Background
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On 6 July 2021, the Applicant filed an Application for Review in which the named respondents were “My Forever Family NSW” and, the person identified as that organisation’s chief executive officer.
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“My Forever Family NSW” is not a legal entity and does not have the capacity to sue or be sued.
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Given the above, on 3 August 2021, the Tribunal ordered that:
the first and second respondents be removed as parties to the proceedings; and
Adopt Change Ltd be joined as the Respondent being the legal entity that operates a program by the name of “My Forever Family NSW” (the Program).
Factual Findings
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The Respondent is a registered charity which operates the Program.
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The Applicant had been a volunteer with the Program from about July 2019 until 19 February 2021.
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On 19 February 2021, the Respondent sent the Applicant an email. In that email, the Respondent told the Applicant that his role as a volunteer with the Program was concluded.
The Application for Review
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By his Application for Review, the Applicant seeks to invoke the administrative jurisdiction of the Tribunal pursuant to Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act), s 28(2)(a).
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The Applicant contends that he was denied natural justice and that there has been a lack of procedural fairness in the Respondent’s decision to end his volunteering role in the Program. The basis for these contentions is the Applicant’s belief that a complaint was made about him to the Respondent, which it then acted on, ending his participation in the Program. The Applicant states that, at the time of making the Application for Review, he did not know what the complaint was and he was not given an opportunity to respond to the complaint before the Respondent concluded his role.
The Dismissal Application
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On 15 September…
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- Case
- [2021] NSWCATAD 299
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the decision made by Adopt Change Ltd was subject to judicial review. Specifically, the court had to consider if the decision was made under an enabling statute that granted the power to review it. The plaintiff argued that the decision was reviewable as it affected their legal rights and obligations, while the defendant contended that the decision was not made under any statutory authority and therefore was not subject to judicial review.
In its judgment, the court held that the decision made by Adopt Change Ltd was not reviewable because it did not stem from an enabling statute. The court found that there was no legislation that provided the authority for the decision, and without such legislation, the court did not have the jurisdiction to review the decision. Consequently, the plaintiff's application for review was dismissed.
The court's decision was based on the principle that judicial review is available only in cases where there is a statutory basis for the decision in question. The absence of any identified enabling legislation meant that the court could not exercise its review powers over the decision. Therefore, the plaintiff's challenge was unsuccessful, and the court dismissed the application for review.
Orders
Orders of the court
The Application for Review is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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