Guardianship and Protected Estates Legislation Amendment Act 2002 No 119
Repealed version for 12 December 2002 to 21 July 2003 (accessed 20 December 2014 at 23:16)
Schedule 3

Schedule 3 Amendment of Administrative Decisions Tribunal Act 1997

(Section 5)

[1]   Section 4 Definitions

Omit the definitions of Appeal Panel and appealable decision from section 4 (1).

Insert instead:

  

Appeal Panel of the Tribunal means:

(a)  in relation to an external appeal—an Appeal Panel of the Tribunal constituted in accordance with section 22, or
(b)  in relation to an internal appeal—an Appeal Panel of the Tribunal constituted in accordance with section 24.

[2]   Section 4 (1)

Insert in alphabetical order:
  

decision-maker, in relation to an external appeal, means the person or body that made the decision that is the subject of the appeal.

external appeal means an appeal referred to in Part 1A of Chapter 7.

internal appeal means an appeal made under Part 1 of Chapter 7 against a decision of the Tribunal.

[3]   Section 4 (3)

Insert “or a decision that is subject to an external appeal” after “a reviewable decision”.

[4]   Section 22 Constitution of the Tribunal for particular proceedings (including Appeal Panel for external appeals)

Insert “(other than the functions of an Appeal Panel)” after “its functions” in section 22 (1).

[5]   Section 22 (1A) and (1B)

Insert after section 22 (1):
  
(1A)  In exercising its functions in relation to an external appeal (other than an external appeal referred to in subsection (1B)), the Tribunal is to be constituted by an Appeal Panel consisting of at least 3 members assigned by the President to the Panel for the purpose of the proceedings.
(1B)  In exercising its functions in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, the Tribunal is to be constituted by an Appeal Panel consisting of:
(a)  1 presidential judicial member, and
(b)  1 other judicial member, and
(c)  1 non-judicial member, appointed on the recommendation of the Minister administering the Guardianship Act 1987, who has experience in dealing with persons who have a disability (as referred to in section 3 (2) of that Act).

[6]   Section 22 (2)

Insert “(including proceedings in relation to an external appeal)” after “particular proceedings”.

[7]   Section 22 (3) (b1)

Insert after section 22 (3) (b):
  
(b1)  if the proceedings concern the hearing of an external appeal—the nature and status of the decision-maker who made the decision concerned,

[8]   Section 22 (3A)

Insert after section 22 (3):
  
(3A)  There may be more than one sitting of an Appeal Panel constituted under this section at the same time.

[9]   Section 22 (4)

Omit “The provisions”.

Insert instead “Except in relation to an external appeal referred to in subsection (1B), the provisions”.

[10]   Section 22 (5)

Insert “in relation to an internal appeal” after “Tribunal”.

[11]   Section 24 Appeal Panel of the Tribunal (internal appeals)

Omit section 24 (1). Insert instead:
  
(1)  In exercising its functions in relation to an internal appeal, the Tribunal is to be constituted by an Appeal Panel consisting of at least 3 members assigned by the President to the Panel for the purpose of the proceedings.

[12]   Section 24 (2) and (3)

Insert “constituted under this section” after “Appeal Panel” wherever occurring.

[13]   Section 67 Parties to proceedings before Tribunal

Insert after section 67 (2):
  
(2A)  The parties to proceedings before the Tribunal for an external appeal are as follows:
(a)  any person who, being entitled to do so under an Act, has appealed to the Tribunal against the decision concerned (the appellant),
(b)  any person who has been made a party to the proceedings in accordance with subsection (4) or the rules of the Tribunal,
(c)  if the Attorney General intervenes in the proceedings under section 69—the Attorney General,
(d)  any person specified by or under any other Act as a party to the proceedings.
(2B)  In the case of an external appeal, the decision-maker is entitled to be a party to the proceedings but cannot (unless the decision-maker agrees) be made a party to any such appeal.
(2C)  The rules of the Tribunal may, in respect of an external appeal, make provision for the parties to any such appeal (including the designation of a respondent or other person to assist the Tribunal in the proceedings).

[14]   Section 67 (3)

Omit “In an appeal”. Insert instead “In an internal appeal”.

[15]   Section 67 (4)

Omit the subsection. Insert instead:
  
(4)  The Tribunal may, by order, make a person who is not a party to proceedings for:
(a)  an original decision, or
(b)  a review of a reviewable decision, or
(c)  an external appeal,
a party to the proceedings, either of its own motion or on the written application of the person, if the Tribunal is satisfied that the interests of the person are likely to be affected by the original decision or are affected by the reviewable decision or the decision that is the subject of the external appeal.

[16]   Section 68 Tribunal may decide persons whose interests affected by a decision

Omit “this Act” from section 68 (1). Insert instead “this or any other Act”.

[17]   Section 68 (3)

Insert “(other than a decision that is the subject of external appeal)” after “a decision”.

[18]   Section 69 Intervention by Attorney General

Insert “or for an external appeal” after “reviewable decision” in section 69 (2).

[19]   Section 71 Representation of parties

Insert after section 71 (4):
  
(4A)  Without limiting subsections (1) and (4), the Tribunal may:
(a)  in the case of an external appeal made under section 67A of the Guardianship Act 1987—appoint any person the Tribunal thinks fit to represent a party to the proceedings who:
(i)  is a protected person within the meaning of that Act, or
(ii)  is a person in respect of whom a guardianship order (within the meaning of that Act) has been made or in respect of whom an application for such an order has been refused, and
(b)  in the case of an external appeal made under section 21A of the Protected Estates Act 1983—appoint any person the Tribunal thinks fit to represent a party to the proceedings who is a protected person within the meaning of that Act.

[20]   Section 72 Notice of application to be served on other parties

Insert after section 72 (2):
  
(3)  A reference in this section:
(a)  to an application includes a reference to an external appeal that is made to the Tribunal, and
(b)  to an applicant includes a reference to the person who makes any such appeal.

[21]   Section 72A

Insert before section 73:
  

72A   Interpretation

A reference in this Part (other than section 89):
(a)  to an application includes a reference to an external appeal that is made to the Tribunal, and
(b)  to an applicant includes a reference to the person who makes any such appeal.

[22]   Section 90 Rules may provide for practice and procedure

Omit “on appeal” in section 90 (2) (b).

Insert instead “in relation to internal appeals and external appeals”.

[23]   Chapter 7, heading

Omit “from decisions of Tribunal”.

[24]   Chapter 7, Part 1, heading

Omit “appeal rights”. Insert instead “appeals”.

[25]   Section 112 Appealable decisions of the Tribunal

Insert “(including any such decision made in relation to an external appeal)” after “Panel” in section 112 (3).

[26]   Section 113 Right to appeal against appealable decisions of the Tribunal

Insert “under this Part” after “appeal” wherever occurring in section 113 (2)–(4).

[27]   Chapter 7, Part 1A

Insert after section 118:
  

Part 1A External appeals

Note. Chapter 6 also contains procedural provisions in relation to external appeals.

118A   Conferral of jurisdiction to hear and determine external appeals

(1)  The Tribunal has jurisdiction under an Act to hear and determine an appeal against a decision or a class of decisions (referred to in this Part as an appealable decision) if the Act:
(a)  provides that an appeal may be made to the Tribunal against any such decision (or class of decisions) made by the decision-maker:
(i)  in the exercise of functions conferred or imposed by or under the Act, or
(ii)  in the exercise of any other functions of the decision-maker identified by the Act, and
(b)  specifies that any such appeal made under the Act is an external appeal within the meaning of this Act.
Note. External appeals to the Tribunal may be made under the following provisions:

section 67A of the Guardianship Act 1987

section 21A of the Protected Estates Act 1983

(2)  A provision of an Act that provides that a decision-maker’s decision may be appealed against to the Tribunal extends to:
(a)  a decision made by a person to whom the function of making the appealable decision has been delegated, or
(b)  if the provision specifies the decision-maker by reference to the holding of a particular office or appointment—a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment, or
(c)  a decision made by any other person authorised to exercise the function of making the appealable decision.

118B   Grounds for external appeals and time and procedure for making appeals

(1)  An external appeal may be made:
(a)  as of right, on any question of law, or
(b)  by leave of the Appeal Panel hearing the appeal, on any other grounds.
(2)  An external appeal must be made:
(a)  within 28 days after the decision-maker provides, in accordance with the Act under which the external appeal is made, the party with written reasons for the appealable decision, or
(b)  within such further time as the Appeal Panel may allow.
(3)  An external appeal is to be made in the manner prescribed by the rules of the Tribunal.
(4)  Subject to any interlocutory order made by the Appeal Panel, an external appeal does not affect the operation of the appealable decision or prevent the taking of action to implement the decision.

118C   Appeal Panel to determine external appeals

(1)  The Appeal Panel hearing an external appeal is to determine the appeal and make such orders as it thinks appropriate in the light of its decision.
(2)  The orders that may be made by the Appeal Panel on any such appeal include, but are not limited to, any of the following:
(a)  an order affirming or setting aside the decision the subject of the external appeal,
(b)  an order remitting the matter to be heard and decided again by the person or body that made the decision, either with or without the hearing of further evidence, in accordance with the directions of the Appeal Panel,
(c)  an order made in substitution for the decision the subject of the external appeal.
(3)  A decision of the Appeal Panel in relation to an external appeal takes effect on the date on which it is given or such later date as may be specified in the decision.
(4)  The Appeal Panel is to cause a copy of its decision and the reasons in writing for that decision to be served on each party to the appeal.

118D   References of questions of law to Supreme Court

(1)  An Appeal Panel determining an external appeal may, of its own motion or at the request of a party, refer a question of law arising in the appeal to the Supreme Court for the opinion of the Court.
(2)  The Supreme Court has jurisdiction to hear and determine any question of law referred to it under this section.
(3)  If a question of law arising in an external appeal has been referred to the Supreme Court under this section, the Appeal Panel is not:
(a)  to give a decision in the appeal to which the question is relevant while the reference is pending, or
(b)  to proceed in a manner, or make a decision, that is inconsistent with the opinion of the Supreme Court on the question.

[28]   Section 119 Right of appeal to Supreme Court

Omit “(whether in proceedings under Part 1 or otherwise)” from section 119 (1).

[29]   Section 126 Publication of names or identification of persons involved in certain proceedings

Insert after section 126 (1A) (b):
  
(b1)  proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983,
(b2)  proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983,

[30]   Section 138 Notices, service and lodgment of documents

Insert “or other decision-maker” after “administrator” in section 138 (1) (c).

[31]   Schedule 2 Composition and functions of Divisions

Insert “(other than in relation to an external appeal)” after “enactments” in clause 2 (1) of Part 4.

[32]   Schedule 2, Part 4, clause 2 (1)

Insert in alphabetical order:
  

Guardianship Act 1987

Protected Estates Act 1983

[33]   Schedule 5 Savings and transitional provisions

Insert at the end of clause 1 (1):
  

Guardianship and Protected Estates Legislation Amendment Act 2002, to the extent that it amends this Act

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