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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 05
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ADMINISTRATIVE DECISIONS TRIBUNAL PRACTICE NOTE No. 5 (PN5/00) Internal Appeals : Procedures for Appeals to the Appeal Panel of the Tribunal from decisions of the Tribunal The purpose of this practice note is to advise parties of the Tribunal’s practices in relation to internal appeals. The procedural requirements that follow apply to appeals arising from any of the Divisions of the Tribunal, unless otherwise stated. The present note is a revised version of the original Practice Note which was issued on 18 December 2000. The practice in relation to the Appeal Panel will be uniform across all Divisions. Parties have a right to appeal on a question of law. See section 113 of the Administrative Decisions Tribunal Act 1997; and Chapter 7, Part 1 of the Act (Internal Appeal Rights). Section 113 only permits an appeal to be made against the merits of the decision where the Appeal Panel specifically allows that by granting leave to extend the appeal to the merits. 1. Lodgment 1.1 The Appellant (a) The appellant must file a notice of appeal accompanied by the required fee within 28 days after written reasons for decision have been given. An application may be made to the Appeal Panel for permission to file an Appeal later than the 28 days. (b) The fee can be waived if the Registrar is satisfied that it would result in undue hardship to the appellant. (c) An appellant must serve on each respondent a sealed copy of the Notice of Appeal as soon as practicable after lodging the notice. 1.2 The Respondent (b) Where as a result of the appellant lodging an appeal, the respondent seeks to have the original reasons for the decision (but not the orders) reconsidered, the respondent must set out in its notice in reply under the heading “Errors in the Reasons” those parts of the reasoning it seeks to have reviewed and identify the error of law. (c) Where as a result of the appellant lodging an appeal, the respondent to the appeal also seeks to have the original orders varied (in the nature of a cross-appeal) the respondent must lodge an appeal and pay the prescribed fee. Under section 113(3)(a) of the Administrative Decisions Tribunal Act an appeal must be lodged within 28 days of the decision unless the Appeal Panel grants leave under section 113(4). If the respondent’s appeal is lodged within 21 days of the service of the appellants appeal the Appeal Panel will usually regard this as a reasonable period of time. 2. Case Management 2.1 The President or a Deputy President appointed to preside at the appeal hearing will be responsible for managing the case and giving directions to the parties as to what they are to provide by way of written submissions and other material. 2.2 The presiding member will give instructions to the Registry, who will advise the parties. Appeals will, wherever possible, be managed in one of three ways: (a) The appeal may be referred directly to hearing. There will be no requirement that the parties prepare any material in addition to the original notice of appeal and any written reply; or (b) The parties may be directed in writing to comply with standard directions to lodge and exchange submissions or other material, and when that is done a hearing date will be set; or c) The presiding member may convene a directions hearing, usually by telephone, to decide what steps need to be taken before the matter can be heard. 3. Appeal Materials 3.1 The Appeal Panel will have the following material before it when hearing an appeal : (a) All material filed in the appeal matter (ie material filed since the appeal was lodged); (b) A copy of the decision being appealed against; (c) The Appeal Panel will also have access to the file in the matter being appealed against. Parties will however need to formally ask the Panel at the hearing to consider particular material from the original file. 3.2 If the parties want the Appeal Panel to consider anything which occurred on transcript, early application will need to be made to the Panel as transcript is not routinely ordered. 3.3 As the Appeal Panel has access to the original file presiding members have been requested only to require Appeal Books in very exceptional circumstances, and never where the appellant is self-represented. Represented parties should not prepare Appeal Books of the kind required in the Supreme Court unless specifically requested to do so by the presiding member. 3.4 Where an Appeal Book is to be filed the presiding member will settle an index of contents in consultation with the parties so as to minimise cost. Presiding members have been requested not to include in the contents of appeal books any complete versions of documents which are available in the same form from the Registry file in the matter. 4. Appeals against interlocutory decisions of the Tribunal 4.1 An appeal from any interlocutory orders or decisions of the Tribunal may only proceed with leave of the Appeal Panel. See section 113 (2A) of the Administrative Decisions Tribunal Act 1997. 4.2 Having regard to the definition of ‘interlocutory function’ at s 24A(1), interlocutory decisions affected by the leave requirement include decisions about: · 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; · summary dismissals; · any other interlocutory issues before the Tribunal. 4.3 The appellant must file an Application for Leave to Appeal and the Notice of Appeal together with the required fee. See 1.1(b) above for more information about fees and fee waiver. 4.4 See 1.1( c) above for further requirements in relation to lodging a notice of appeal. 4.5 A presidential judicial member assigned by the President makes the decision about whether to grant leave to appeal. Original issued 18 December 2000 Re-issued with amendments 27 February 2001 Re-issued with amendments 18 December 2001 Re-issued with amendments 16 April 2002 Re-issued with amendments 25 September 2004 Re-issued with amendments 1 January 2005 Re-issued with amendments 23 December 2005 Judge KEVIN O’CONNOR President |
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