This Act is the Administrative Decisions Tribunal Act 1997.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows:(a) to establish an independent Administrative Decisions Tribunal:(i) to make decisions at first instance in relation to matters over which it is given jurisdiction by an enactment, and(ii) to review decisions made by administrators where it is given jurisdiction by an enactment to do so, and(iii) to exercise such other functions as are conferred or imposed on it by or under this or any other Act or law,(b) to ensure that the Tribunal is accessible, its proceedings are efficient and effective and its decisions are fair,(c) to enable proceedings before the Tribunal to be determined in an informal and expeditious manner,(d) to provide a preliminary process for the internal review of reviewable decisions before the review of such decisions by the Tribunal,(e) to require administrators making reviewable decisions to notify persons of decisions affecting them and of any review rights they might have and to provide reasons for their decisions on request,(f) to foster an atmosphere in which administrative review is viewed positively as a means of enhancing the delivery of services and programs,(g) to promote and effect compliance by administrators with legislation enacted by Parliament for the benefit of the citizens of New South Wales.
(1) In this Act:administrator—see section 9.
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.application—see section 142.
assessor means an assessor of the Tribunal appointed under this Act.
decision—see section 6.
decision-maker, in relation to an external appeal, means the person or body that made the decision that is the subject of the appeal.
Deputy President means a Deputy President of the Tribunal.
Division of the Tribunal means a Division of the Tribunal specified in Schedule 1.
Division member, in relation to a Division of the Tribunal, means a member who is assigned to that Division.
Divisional Head of a Division means the member who is appointed under section 16 as the Divisional Head of that Division, or who is taken to be so appointed by Schedule 5.
enactment—see section 5.
exercise a function includes perform a duty.
external appeal means an appeal referred to in Part 1A of Chapter 7.
function includes a power, authority or duty.
interested person means a person who is entitled under an enactment to make an application to the Tribunal for an original decision or a review of a reviewable decision (as the case may be).
internal appeal means an appeal made under Part 1 of Chapter 7 against a decision of the Tribunal.
internal review means an internal review conducted under section 53.
judicial member of the Tribunal means the President, a Deputy President or a non-presidential judicial member.
judicial officer means:
(a) a Magistrate, or(b) a Judge of the District Court, or(c) a Judicial Member of the Industrial Relations Commission, or(d) a Judge of the Land and Environment Court, or(e) a Judge of the Supreme Court.lodge a document includes file a document.
member of the Tribunal means the President, a Deputy President, a non-presidential judicial member or a non-judicial member.
non-judicial member of the Tribunal means a member other than the President, a Deputy President or a non-presidential judicial member.
original decision—see section 7.
parties to proceedings—see section 67.
practising legal practitioner means an Australian legal practitioner.
President means the President of the Tribunal.
presidential judicial member of the Tribunal means the President or a Deputy President.
Registrar means the Registrar of the Tribunal.
relevant Divisional Head, in relation to any proceedings before the Tribunal, means the Divisional Head of the Division of the Tribunal to which the function of determining the proceedings is allocated.
reviewable decision—see section 8.
Rule Committee means the Rule Committee of the Tribunal established by section 92.
rules of the Tribunal or rules means rules made by the Rule Committee.
Tribunal means the Administrative Decisions Tribunal of New South Wales established by this Act.
(2) A reference in this Act to the exercise by the Tribunal of its functions in relation to an enactment includes a reference both to its functions under the enactment and its functions under this Act in relation to the enactment.(3) A reference (however described) in this Act to a decision made under an enactment is taken, in relation to a reviewable decision or a decision that is subject to an external appeal, to include a reference to any decision made in the exercise of functions identified by the enactment.
An enactment is:(a) in relation to a reviewable decision—an Act (other than this Act) or a statutory rule (other than a statutory rule made under this Act), or(b) in any other case—an Act (other than this Act).Note. The Interpretation Act 1987 defines statutory rule to mean:(a) a regulation, by-law, rule or ordinance:(i) that is made by the Governor, or(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or(b) a rule of court.
(1) General meaning
A decision includes any of the following:(a) making, suspending, revoking or refusing to make an order or determination,(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission,(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument,(d) imposing a condition or restriction,(e) making a declaration, demand or requirement,(f) retaining, or refusing to deliver up, an article,(g) doing or refusing to do any other act or thing.(2) Decision made under an enactment
For the purposes of this Act, a decision is made under an enactment if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enactment.(3) Decisions made without power
For the purposes of this Act (and without limiting subsection (2)), a decision that purports to be made under an enactment is taken to be a decision made under the enactment even if the decision was beyond the power of the decision-maker to make it.(4) Failure to make decision on basis that beyond power
For the purposes of this Act (and without limiting subsection (2)), a refusal of a decision-maker to make a decision under an enactment because the decision-maker considers that the decision concerned cannot lawfully be made under the enactment is taken to be a decision made under the enactment to refuse to make the decision requested.(5) Failure to make a timely decision taken to be failure to make a decision
For the purposes of this Act, a failure by a decision-maker to make a decision within the period specified by the enactment concerned for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision.
7 What is an original decision?
An original decision is a decision of the Tribunal made in relation to a matter over which it has jurisdiction under an enactment to act as the primary decision-maker.Note. Section 37 provides for the circumstances in which the Tribunal has jurisdiction under an enactment to make an original decision.
8 What is a reviewable decision?
(1) A reviewable decision is a decision of an administrator that the Tribunal has jurisdiction under an enactment to review.(2) For the avoidance of doubt (and without limiting subsection (1) or section 6):(a) the conduct of an administrator (or a refusal by an administrator to engage in conduct) is a reviewable decision if the Tribunal has jurisdiction under an enactment to review the conduct or refusal, and(b) in its application to any such conduct or refusal by an administrator, any reference in this Act (however expressed) to an administrator making a reviewable decision includes a reference to an administrator engaging or refusing to engage in the conduct.Note. Section 38 provides for the circumstances in which the Tribunal has jurisdiction to review a decision of an administrator.The jurisdiction conferred on the Tribunal by section 55 of the Privacy and Personal Information Protection Act 1998 is an example of jurisdiction to review conduct.
(1) An administrator, in relation to a reviewable decision, is the person or body that makes (or is taken to have made) the decision under the enactment concerned.Note. There are a number of circumstances in which a person or body is taken to have made a decision. See, for example, sections 6 (2)–(5) and 38 (4) and (5) and subsection (2).(2) The person or body specified by an enactment as a person or body whose decisions are reviewable decisions is taken to be the only administrator in relation to the making of a reviewable decision even if some other person or body also had a role in the making of the decision.
Notes included in this Act are explanatory notes and do not form part of this Act.