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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 01
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This Practice Note is intended to introduce a greater level of case management into the initial assessment of applications for review of decisions made under the Freedom of Information Act 1989. From 1 February 2000 the Tribunal will implement new procedures to replace directions hearings as the method for initially dealing with FOI review applications. The term ‘directions hearing’ is replaced by the term ‘planning meeting’ in an attempt to give parties a clearer guide to the purpose of the first conference. The new procedures are also seen as providing a more practical environment for assessing the complexity of applications at an early stage, especially those where applicants appear without representation. Applications filed after that date will be dealt with as follows: 1. The Registrar will schedule a Planning Meeting before a Member. The Registrar will advise the applicant and the agency by letter of the details of the meeting. The letter will give an outline of the three options that will be considered for resolving the dispute: a) formal preliminary conference under s 74 of the Administrative Decisions Tribunal Act 1997 (the Act) b) mediation under Chapter 6, Part 4 of the Act c) direct referral to hearing. 2. At the planning meeting the Member will explore any possibilities for resolution of the dispute by one of the three options. 3. If formal preliminary conference and mediation are not suitable (or have been tried and failed), the Member will normally refer the dispute directly to a hearing. Directions will normally be based on the standard directions. Normally there will be no further requirement for attendance at the Tribunal by the parties until the date of hearing. Any further applications will be dealt with by telephone conference. 4. The current standard directions are available from the Registry. Judge KEVIN O’CONNOR President 4 January 2000 |
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