White v Sutherland Shire Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	White v Sutherland Shire Council [2019] NSWCATAD 100
Hearing dates:	Hearing on the papers
Date of orders:	31 May 2019
Decision date:	31 May 2019
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	N Isenberg, Senior Member
Decision:	(1) The Application for Review is dismissed.
Catchwords:	JURISDICTION – no identified enabling legislation
Legislation Cited:	Administrative Decisions Review Act 1997 Children and Young Person’s (Care and Protection) Regulation 2012 Civil and Administrative Tribunal Act 2003 Deer Act 2006 Environmental Planning & Assessment Act 1979 Local Government Act 1993 Strata Scheme Management Act 2018
Cases Cited:	Nil
Category:	Principal judgment
Parties:	Peter White (Applicant) Sutherland Shire Council (Respondent)
Representation:	P White (Applicant in person)   Sutherland Shire Council (Respondent in person)
File Number(s):	2019/00053647
Publication restriction:	Nil

REASONS FOR DECISION

1. On 12 February 2019 Peter White, the Applicant filed an Application for Review in which he named Sutherland Shire’s Mayor as Respondent. Subsequently, the Tribunal ordered that the proper Respondent was Sutherland Shire Council (the Council).

2. The Applicant contended that the Respondent had refused to take action against another unit owner in the apartment block where he lives who had engaged in short term holiday rental of his property, described as Short Term Rental Accommodation (STRA). The Applicant alleged that the STRA was in breach of planning laws. Specifically, the Applicant sought an order that the Tribunal ban STRA activities by the unit owner the subject of his complaint to the Council.

3. The Respondent has sought summary dismissal of the Application for Review under s 55 of the Civil and Administrative Tribunal Act 2003 (the CAT Act), on the basis that the Tribunal has no jurisdiction to determine the matters raised by the Applicant.

4. The Application purported to be made under the Local Government Act 1993 (LG Act) and the Strata Scheme Management Act 2018, the latter Act not yet having been proclaimed. Under the LG Act, the Tribunal only has jurisdiction to review a limited number of administrative decisions made under that Act, none of which is the subject of the Application for Review.

5. Any enforcement action for the alleged breach of planning laws is governed by the Environmental Planning & Assessment Act 1979. That Act confers jurisdiction over decisions made under that Act to the Land and Environment Court, and not to this Tribunal.

6. When the Respondent sought clarification of the legislation relied on by the Applicant, on 4 April 2019 he informed the Council about children being left unattended in the unit by short term renters and invited attention to clause 7 of the Children and Young Person’s (Care and Protection) Regulation 2012. This clause, however, relates to review of decisions of the Children’s Guardian. The Applicant also made references to sections 163 and 402 of the Local Government Act and, curiously, the Deer Act 2006. None of the above legislation is relevant to the circumstances of this case.

7. The Applicant also referred to the Administrative Decisions…