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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Frequently Asked Questions
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Frequently Asked Questions
Where are you and what hours are you open?
What kind of matters does the Administrative Decisions Tribunal (ADT) deal with?
How much does it cost to lodge an application?
How do I address the Tribunal members?
How many people sit on the Tribunal?
Do I need A Solicitor?
Can I have a Solicitor?
Does the Tribunal have a Duty Solicitor?
What if I need an interpreter?
How do I issue a summons?
What form(s) do I use to submit an affidavit or statement?
How do I file documents (all Divisions)?
How many copies of documents do I have to have?
What do I need to do when corresponding with the Tribunal
How do I get a copy of a decision?
Where are you and what hours are you open?
Our address is: - Level 15, 111 Elizabeth Street Sydney.
You will find us next door to David Jones women’s store on Elizabeth Street, Sydney. That is between Market and King Streets. The nearest train stations are St James and Martin Place.
We are open from 9:00am until 5:00pm, Monday to Friday.
Documents may be filed during these hours.
Phone enquires can be made from 8:30am – 5:00pm
To access our location map select this link
What kind of matters does the Administrative Decisions Tribunal (ADT) deal with?
Click here to see a comprehensive list of Administrative Decisions Tribunal’s jurisdiction
The Administrative Decisions Tribunal (ADT) is made up of six Divisions, each responsible for particular areas. The Divisions are the:
- General Division
- Community Services Division
- Revenue Division
- Equal Opportunity Division
- Retail Leases Division, and the
- Legal Services Division.
The ADT is responsible for:
- reviewing administrative decisions made by certain New South Wales government agencies, including freedom of information decisions. The ADT can not review every decision made by a New South Wales government department or agency. It can only review decisions where the State Parliament has passed an Act giving the Tribunal the power to do so.
- reviewing certain decisions regarding adoption, community and disability services;
- hearing complaints of discrimination, vilification, harassment and victimisation referred by the President of the Anti-Discrimination Board;
- hearing certain types of professional misconduct cases (for example, matters referred to the ADT by the Legal Services Commissioner against a solicitor or barrister); and
- hearing retail lease claims.
- hearing appeals in certain circumstances either from its own Divisions decisions, or certain external bodies.
How much does it cost to lodge an application?
The filing fee will depend on the Division that your application is filed in, and how many persons sit as the Tribunal
For a list of fees and forms select this link
If you are experiencing financial hardship you can approach the registry and request an application form to apply to have the fee waived. This form is also available on the Tribunal’s website. Click here to go to the Application For Waiver Of Fee form.
There is no fee applicable for lodging the applications listed below however you will need to have a current matter before the Tribunal or lodge the relevant application with one of the following:
- Urgent Stay Application (all divisions other than Retail Leases)
- Application for Urgent Interim Order (Retail Lease Division)
- Application for Urgent Stay of Prohibition under s 9(6) of the Child Protection (Prohibited Employment) Act 1998
- Application to Appeal Panel for Urgent Interlocutory Order
There is no fee to file a:
- Summons to attend;
- Summons to produce;
- Summons to attend and produce documents.
Please note if you issue a summons for a witness to attend a hearing the witness may seek reasonable costs for attending. Expert witness such as doctors or psychologists may also request fees in accordance with their professional scale rates of payment for attending and/or producing reports. Organisations summonsed to produce documents may also charge fees for the preparation of and copying of the documents listed in the summons.
How do I address the Tribunal members?
Each member will have their name plate in front of them. It is customary to address them as Your Honour if they are a Judge or Mr; Mrs; Ms; Dr; Professor…and their surname.
How many people sit on the Tribunal?
This will depend on the Division and the type of matter:
- In the General Division one member will sit. The exceptions to this are matters that are referred to the Tribunal by the Veterinary Surgeons Board, and under the, Education, Public Health and Local Government Acts. In these matters a panel of three will sit.
- In the Community Services Division, a panel of three persons sits however where there is an application under the Child Protection (Prohibited Employment) Act one member may sit alone.
- In the Retail Leases Division, where the application is about unconscionable conduct three members will sit, otherwise one member sits alone.
- In the Equal Opportunity Division a panel of three members sits.
- In Appeal Panel matters a panel of three members sits.
Do I need A Solicitor?
Parties can be legally represented if they wish, subject to the exceptions listed below.
The Tribunal’s procedures are designed to help persons that are not legally represented.
Section 71(1)(a) of the Administrative Decisions Tribunal Act gives you the right to appear before the Tribunal without representation.
Click here to go to section 71(1)(a)
If you are experiencing difficulties in understanding what is happening in your matter please call the Registry on 9223 4677 for assistance.
Please note that we are unable to give legal advice but can explain and answer questions on how the Tribunal works.
Can I have a Solicitor?
For most matters you can have a solicitor to represent you. However the Tribunal can order that parties not be represented by a solicitor if the Tribunal considers it appropriate. Click here for more information on representation of parties.
In proceedings under Community Services(Complaints, Reviews and Monitoring) Act 1993, and the Anti Discrimination Act, your solicitor /barrister must ask the Tribunal for permission to represent you.
Does the Tribunal have a Duty Solicitor?
The Tribunal does not have a duty solicitor service. However a solicitor from the Legal Aid Commission is available on certain days for Equal Opportunity Division and Guardianship and Protected Estates List matters. Please ring the Registry to make an appointment with the Legal Aid solicitor.
This service is not available for matters in the Legal Services, Retail Leases or Revenue Divisions.
The Legal Aid solicitor may not be able to represent you before the Tribunal, but will give advice on the strength of your case and what you have to do to prepare your case for the Tribunal.
You can contact the Registry to see if you meet the requirements for this service.
If you cannot come to the Tribunal to see the Legal Aid solicitor, you can contact the Legal Aid Commission yourself to arrange an appointment to see a Legal Aid solicitor at another location.
What if I need an interpreter?
- All Divisions (except the Retail Leases Division)
If you need an interpreter and your matter is not in the Retail Leases Division then the Registry can organise an interpreter for you. You can advise the Registry when you complete the application form or you can contact the Registry and tell them what language you speak. They will arrange for an interpreter to attend the Tribunal at the time of your next meeting or hearing.
- Retail Leases Division
The Tribunal does not arrange for interpreters in this Division. If you need an interpreter you will have to make your own arrangements including payment if required. It is preferable that your interpreter has qualifications that are recognised by the Tribunal i.e. holds a National Authority for Translators and Interpreters certificate. If your interpreter is not accredited it will be necessary for you to obtain the consent of the Judicial Member to use this interpreter.
An accredited interpreter can be arranged by ringing the Community Relations Commission on 1300 651 500.
How do I issue a summons?
For information on how to issue a summons select this link.
What form(s) do I use to submit an affidavit or statement?
There is no prescribed form under the ADT Act or Regulations. Click here to go to an example affidavit or statement
Please ensure that the names of the parties, the Division and file number are clearly recorded on the affidavit. An Affidavit must be sworn/ affirmed in front of a Justice of the Peace or a Solicitor.
You are required to file sufficient copies of the affidavit and any attachments for the Tribunal and all parties.
How do I file documents (all Divisions)?
Where there is a fee payable on an application form you can file in person at the Registry or by post, enclosing your cheque or money order - payable to the Administrative Decisions Tribunal.
Other documents may be filed in person, by post or by facsimile depending on the size of the documents. (Please do not fax a document that is greater than 6 pages). Once received they will be stamped ‘filed’. The Tribunal will keep the original and return a copy to you for service on the other party(ies).
If there is a necessity to file multiple copies (see below), or a large document (s), they will need to be delivered in person or by courier. You will be required to wait for them whilst they are processed or they will be returned by post. The appropriate number of copies will be returned to enable you to serve them on the other party(ies).
How many copies of documents do I have to have?
In general you must supply:
- the original for the Tribunal’s file,
- a copy each for each member sitting on the case, (see question 5) and
- a copy for each party to the proceedings.
If you are unsure please contact the Registry.
What do I need to do when corresponding with the Tribunal?
All correspondence in relation to current proceedings should be addressed to the Registrar of the Tribunal. Correspondence of this kind should not be addressed to a Member of the Tribunal. A copy of
all correspondence must be sent to each other party to the proceedings. The author should record the fact that the correspondence has been sent to the other parties by writing cc: Name of party at the
end of the letter. If it has not been copied to the other party, the author must explain in writing why this has not been done. The Registrar will decide how the correspondence is to be handled.
How do I get a copy of a decision?
The Tribunal’s written decisions are routinely published on the Tribunal’s website www.lawlink.nsw.gov.au/adt.
The written decision should be available on the Internet within 48 hours of the decision being given to the parties.
If you are searching for a recent decision, click on Most Recent Decisions.
If the decision you are looking for is not shown under Most Recent Decisions you can use the search options by clicking on either Quick Search or Advanced Search. For assistance on our how to use the search options you can click on the Search Guide.
Alternatively, you can search for decisions under the Division of the Tribunal they were made in any given year. This will give you the option of a search under most recent cases (cases delivered in the last 50 days), by decision number, view case names or by decision category.
Please note that if the decision you are looking for is not available it may be because:
- the decision was made prior to the commencement of the Administrative Decisions Tribunal’s jurisdiction,
- the decision has a suppression order and therefore will not be published, or
- the decision is an oral decision.
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