Part 5 Review of certain decisions
47 Effect of notification of decisions of TfNSW or RMS
(1) If TfNSW or RMS makes a decision that is able to be reviewed under this Part, it is the duty of TfNSW or RMS to cause any person entitled to request the review, or to lodge the application with the Administrative Decisions Tribunal for a review:(a) in the case of a person entitled to lodge an application with the Tribunal—to be given notice that is in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997 and a statement of reasons setting out the matters specified by section 49 (3) of that Act, or(b) in other cases—to be notified in writing of the fact of the decision and of the reasons for it.(2) If TfNSW or RMS makes a decision that is able to be reviewed under this Part, any such decision has effect from the time the notice is given and continues in effect unless rescinded by TfNSW or RMS or by the Administrative Decisions Tribunal determining an application under Division 3.(3) A notice given under this section is a sufficient notice for the purposes of section 48 of the Administrative Decisions Tribunal Act 1997.
Division 2 Review by review panels
48 Review of decisions concerning service contracts
(1) The holder of a service contract who is aggrieved by any decision of TfNSW:(a) with respect to the variation, suspension, cancellation, renewal or transfer of the contract, or(b) that affects the holder’s exclusive rights under the contract,may request TfNSW to cause the decision to be reviewed under this Division.(2) This section does not apply to a decision of TfNSW with respect to a ferry service contract, a service contract for a regular bus service or a rail services contract.
For the purposes of a review requested under this Part, the Minister may appoint a review panel consisting of nominees of TfNSW, who are to be taken to represent the Ministry of Transport, and persons who, in the opinion of TfNSW, are representative of persons engaged in carrying on a passenger transport business.
(1) A request for a review under this Part must be accompanied by a written submission from the person who requests it, setting out the reasons why that person thinks the decision concerned is incorrect or should not have been made.(2) A review panel may decline to investigate any case that is not supported by such a submission or if the submission concerned appears on the face of it to be frivolous or vexatious or to be otherwise not worth considering.(3) Otherwise the panel must, in accordance with any directions of TfNSW, consider any case referred to it and report to TfNSW, setting out its reasons why the relevant decision of TfNSW should stand or should be reconsidered by TfNSW, as the case requires.
(1) TfNSW is not bound to accept any recommendation of a review panel.(2) Nothing in this Part affects the operation of section 28.
Division 3 Reviews by Administrative Decisions Tribunal
52 Applications to Administrative Decisions Tribunal
(1) Any person whose application under Part 2, 4 or 4A has been refused, or whose accreditation, authority or authorisation has been varied, suspended or cancelled may apply to the Administrative Decisions Tribunal for a review of the refusal, variation, suspension or cancellation.(2) If, on an application to the Administrative Decisions Tribunal by a driver employed by the State Transit Authority whose authority has been varied, suspended or cancelled, the Administrative Decisions Tribunal is satisfied that another dispute pending before the Transport Appeals Board involves substantially the same issues, it may remit the application for hearing by that Board. In that event, the Transport Appeals Board has jurisdiction to hear and determine the application as if it were the Administrative Decisions Tribunal.(3) A person aggrieved by a decision of RMS:(a) to refuse to issue or transfer a licence to the person, or(b) to suspend or cancel the person’s licence, or(c) with respect to the conditions imposed on the person’s licence, or any variation or proposed variation of them,may apply to the Administrative Decisions Tribunal for a review of the decision.(4) (Repealed)