Potier v Director-General, Department of Justice & Attorney General

[2011] NSWCA 105

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Felons (Civil Proceedings) Act 1981 (NSW)
3. › Leave to commence proceedings
4. › Meaning of 'civil proceedings'
5. › Whether expression limited to actions for damages or extends to appellate and judicial review proceedings
6. › Felons (Civil Proceedings) Act 1981 (NSW), ss 3, 4, 5, 7
1. Practice and Procedure
2. › Felons (Civil Proceedings) Act 1981 (NSW)
3. › Leave to commence proceedings
4. › Prima facie ground requirement
5. › Whether proposed challenge to Tribunal decisions disclosed prima facie ground
6. › Whether proceedings an abuse of process
7. › Felons (Civil Proceedings) Act 1981 (NSW), s 5
1. Administrative Law
2. › Administrative Decisions Tribunal
3. › Appeal from interlocutory decisions
4. › Ministerial decisions
5. › Whether decisions to refer matters for contempt or report to Minister are judicial or ministerial
6. › Whether applicant has standing to challenge ministerial decisions
7. › Administrative Decisions Tribunal Act 1997 (NSW), ss 112, 131
8. › Freedom of Information Act 1989 (NSW), s 58

Quick Take

The expression 'civil proceedings' in s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) encompasses appellate and judicial review proceedings, not merely actions for damages. A prisoner seeking to bring such proceedings in the Court of Appeal must obtain leave under s 4. Decisions by a tribunal member to exercise (or refuse to exercise) powers to report officers to a Minister or refer matters for contempt are ministerial in character, not appealable, and an applicant has no standing to challenge them.