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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW; > 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?
Can I represent myself?
Can I have a Legal Practitioner or Agent representing me?
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 street and postal address is:
Level 10, John Maddison Tower
86 Goulburn Street, Sydney, NSW 2000
Our contact details are:
Switch: 9377 5711
Fax: 9377 5723
TTY: 9377 5859
We are open from 9:00am until 4:00pm, Monday to Friday (except Public Holidays).
Documents can be filed and and phone enquiries may be made during these hours.
Click here to see a map and get directions to the Tribunal.
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 and an Appeal Panel, 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:
- Application for Stay of a Reviewable Decision
- Application for Interim Order (Retail Lease Division)
- Application to Appeal Panel for Urgent Interlocutory Order
How do I address the Tribunal members?
There are several acceptable ways to address the Tribunal Members. If in doubt call them by their family name eg Mr or Ms Smith.
Other options are:
1.If the Tribunal Member is a Judge, Acting Judge or a Magistrate, you can call them “Your Honour”
2.If the Tribunal Member is the President or a Deputy President, you can call them “President” or “Deputy President”
3.If the Tribunal Member has a title such as Professor, you can call them “Professor Smith”
4.In all other cases, call the Tribunal Member by their family name for example “Mr or Ms Smith”.
5. It is also acceptable to call the Tribunal Member “Member Smith”
Each member will have their name plate in front of them.
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.
Can I represent myself?
Yes, 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)
The Tribunal is is unable to give legal advice but can explain and answer questions on how the Tribunal works. For legal assistance contact Law Access.
Can I have an Legal Practitioner or Agent representing me before the ADT?
Yes, you can have a legal practitioner or agent representing you. You have to ask the Tribunal's permission to be represented by an agent. Both you and the agent need to sign a Notice of Representation. Click here for the forms page. If you have a legal practitioner representing you they will complete the Notice of Representation for you.
The Notice must be filed in the registry and sent to the other party(ies) to the proceedings. An agent must ask for the Tribunal’s permission the first time the matter is listed after the Notice is filed.
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)?
All originating process must be filed in person at the Registry or by post. You must file the correct amount of copies (see below) and the filing fee if applicable. Money orders or cheques should be made payable to the Administrative Decisions Tribunal, you can also pay by credit card by completing a credit card authority.
The Tribunal does not accept filing by fax or email. A copy of any document filed in the proceedings must be served on the other party or parties.
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.
What do I need to do when corresponding with the Tribunal?
All correspondence to the Tribunal 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 sent to the Tribunal must also be sent to each other party of 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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