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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > About Us > Administrative Decisions Tribunal: Appeal Panel
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This page gives information on Appeals to the Appeal Panel against a decision of a division of the Administrative Decisions Tribunal (known as internal appeals).
If you want information on external appeals from the Guardianship Tribunal, Mental Health Review Tribunal and Magistrates under the Guardianship Act and the Protected Estates Act select this link
If you want information on external appeals under the Legal Profession Act select this link
APPEALS TO THE APPEAL PANEL AGAINST A DECISION OF A DIVISION OF THE ADT (INTERNAL APPEALS) Can I appeal against a decision of a Division of the ADT?
What is a ‘question of law’?
Is there anything I need before I can lodge my notice of appeal?
How do I lodge my notice of appeal?
What information do I need to provide on the appeal form?
How many copies of documents do I have to have?
When should I lodge the appeal?
Is there a fee?
What happens once I have lodged my notice of appeal?
What happens after the appeal is made?
What happens to the decision of the Tribunal while I am waiting for the appeal to be heard?
Can I ask for the decision to be suspended while I am waiting for the appeal?
What do I need to do when corresponding with the Tribunal?
Can costs be made against me?
Do all decisions from Divisions of the Tribunal have a right of appeal to the Appeal Panel?
What if I disagree with the decision of the Appeal Panel?
Can I appeal against a decision of the Appeal Panel of the ADT?
Does making an appeal to the Supreme Court mean that the decision of the Appeal Panel stops operating?
Can I appeal against a decision of a Division of the ADT?
Your appeal rights against decisions of the Tribunal are set out in Chapter 7 of the Administrative Decisions Tribunal Act 1997. The appeal right is usually to the Appeal Panel of the Tribunal, but there are some exceptions.
An appeal may be made on any question of law, and with the leave of the Appeal Panel, may extend to the merits of the decision. An appeal must be made within 28 days after the Tribunal furnishes the party with written reasons, or within such time as the Appeal Panel may allow.
See Section 113 of the Administrative Decisions Tribunal Act 1997
What is a ‘question of law’?
It is not possible to give an exact definition of ‘a question of law’ but the following are some examples:
- applying the wrong statutory provision to the facts of the case
- misinterpreting the words in a statutory provision
- making a finding of fact where there is no evidence to support that finding
- not giving a party an adequate opportunity to present their case
- not giving a party an adequate opportunity to respond to any relevant information which is against them; and
- not giving a party reasonable notice of the hearing.
A question of law is NOT
- that you disagree with the decision
- that the decision maker accepted the evidence of other witnesses and did not accept your evidence or the evidence of people who supported you
- the meaning of an ordinary word in a statute (as opposed to the meaning of a legal or technical word).
You cannot appeal if all you want to do is argue your case again. You must be able to identify the way in which the Tribunal went wrong either in the procedure it followed or the way it applied the law to the facts of your case.
Is there anything I need before I can lodge my notice of appeal?
Yes, you will need a copy of the decision that you want to appeal. If you have only been given an oral decision, you will need to request in writing the reasons for the decision. You have 28 days from the date that you receive your Notice of Decision to request written reasons.
How do I lodge my notice of appeal?
You will need to complete a Notice of Appeal form which is available on the Internet or from the ADT Registry. You cannot lodge the appeal through the Internet. Please post or bring your Notice of Appeal to the ADT Registry.
What information do I need to provide on the appeal form?
- Your name address and telephone number
- the date the decision was made
- the date you received the written decision
- the name of the other party
- your reasons for appealing the decision on a question of law
- your reason for asking the Appeal Panel to extend to the merits, if applicable
How many copies of documents do I have to have?
- The original for the Tribunal’s file, plus
- Three copies – one for each member of the Appeal Panel
- A copy (ies) for each party to the proceedings.
You are required to serve on all other parties to your appeal a copy of the Notice of Appeal which has been stamped by the Tribunal ‘Filed and dated’ as soon as practicable after lodging the notice.
If you are unsure please contact the Registry.
When should I lodge the appeal?
The appeal must be made within 28 days of the decision of the Tribunal. The Appeal Panel, may, however, extend the time for lodging the appeal.
Is there a fee?
The fee for lodging a notice of appeal is $230.00 payable at the time of filing your appeal. An application can be made to have the fee waived on the grounds of hardship.
What happens once I have lodged my notice of appeal?
The Tribunal has issued a Practice Note to assist parties to an appeal. Select this link
What happens after the appeal is made?
The respondent must complete a Notice of Reply within 21 days of receiving the Notice of Appeal. The matter may be listed for a hearing or directions may be made to the parties about what they have to do to prepare the appeal for hearing.
What happens to the decision of the Tribunal while I am waiting for the appeal to be heard?
Lodging an appeal does not stay the operation of the appealable decision or prevent the taking of action to implement the decision.
Can I ask for the decision to be suspended while I am waiting for the appeal?
Yes. This is called an interlocutory order or 'stay'. It will be necessary to show that there are good reasons beyond the fact that an appeal has been lodged to justify the Appeal Panel in making a ‘stay’ order. You can fill out an application for an urgent interlocutory order , which is available from the internet or the ADT Registry. You cannot lodge the form over the internet. Please post or bring the application to the ADT Registry.
The respondent to the appeal will be advised of the application. A hearing will take place to decide whether the decision should be stayed.
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.
Can costs be made against me?
Yes, section 88 of the Administrative Decisions Tribunal Act, 1997 makes provision for costs to be awarded in special circumstances. Parties should note that where an appeal is lodged and the Appeal Panel considers the appeal was without any real prospect of success, costs might be awarded against the appellant. Costs are usually awarded against unsuccessful appellants in Retail Leases cases even where the appeal has raised reasonably arguable questions of law. The Tribunal has issued a Practice Note. Select this link.
Do all decisions from Divisions of the Tribunal have a right of appeal to the Appeal Panel?
No. In some cases the relevant legislation provides for a direct right of appeal to the Supreme Court of New South Wales instead of the Appeal Panel. For example,
- a decision under the Commission for Children and Young People Act 1998;
- a decision under section 329 of the Local Government Act 1993;
- a decision in respect to an unconscionable conduct claim under the Retail Leases Act 1994 commenced in the Tribunal before 1 January 2006;
- a decision or order under the Legal Profession Act 2004; and
- an original decision or order under the Architects Act 2003, Veterinary Surgeons Act 1986 or Surveying Act 2002.
A decision garnting or refusing leave to proceed under the Anti-Discrimination Act 1977 cannot be the subject of an appeal to the Appeal Panel. Likewise, a decision on an application to set aside a decision of specialist retail valuers cannot be appealed.
An appeal from any interlocutory orders or decisions of the Tribunal may only proceed with leave of the Appeal Panel. Interlocutory decisions include:
- stays or adjournments;
- prohibition or restriction of the disclosure, broadcast or publication of matters by order under section 75;
- summonses;
- extensions of time for any matter (including for the lodgment of applications or appeals);
- evidential matters;
- disqualification of members;
- joinder of parties to proceedings.
Under section 729A(4) of the Legal Profession Act 2004, appeals against interlocutory decisions, decisions made with consent and decisions as to costs may be made to the Supreme Court with leave.
What if I disagree with the decision of the Appeal Panel?
An Appeal Panel decision can be appealed to the Supreme Court, but only on a question of law. The time limit for such an appeal is 28 days after the decision of the Appeal Panel is given, unless extended by the Supreme Court (Supreme Court Rules 1970 at Part 51 Division 2 Rule 5).
An Appeal Panel also has the power to refer a question of law to the Supreme Court.
APPEALS FROM THE APPEAL PANEL TO THE SUPREME COURT
Can I appeal against a decision of the Appeal Panel of the ADT?
Yes. Section 119 of the Administrative Decisions Tribunal Act 1997 sets out your right of appeal.
Does making an appeal to the Supreme Court mean that the decision of the Appeal Panel stops operating?
No. It is necessary to apply to the Supreme Court for an order ‘staying’ the decision. Persuasive reasons have to be given. The respondent to the appeal will be advised of the application. A hearing will take place to decide whether the decision should be stayed. It will be necessary to show that there are good reasons beyond the fact that an appeal has been lodged to justify the Supreme Court in making a ‘stay’ order.
The Chief Justice of the Supreme Court of NSW has issued SC CL 3 to explain the procedure to be followed for appeals to that Court including the Court of Appeal. For more information you may contact the Supreme Court registry on 9230 8111 or visit its website www.lawlink.nsw.gov.au/sc
Notice of Appeal (Internal Review)
Application for Leave to Appeal from an Interlocutory Decision
Application to Appeal Panel for Urgent Interlocutory Order
Practice Note 05: Internal Appeals: Procedures for Appeals to the Appeal Panel of the Tribunal from decisions of the Tribunal
Legislation
Decisions
External Appeals - Guardianship and Protected Estates Act
External Appeals - Legal Profession Act
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