(a) as of right, on any question of law, or

(b) by leave of the Appeal Panel on any other ground.

(a) identify the question or questions of law the subject of the appeal;

(b) briefly explain why the Tribunal has made an error when answering that question or those questions;

(c) set out the orders that the Appeal Panel is being asked to make.

(a) identify the decision or part of the decision of the Tribunal about which the appeal is being lodged;

(b) set out the reasons the Appeal Panel should give leave for the appeal to extend to the merits of that decision;

(c) set out the orders that the Appeal Panel is being asked to make if leave is granted.

(a) file a Notice of Appeal accompanied by any required fee

(b) attach to the Notice of Appeal a copy of the reasons for the decision which is the subject of the appeal. If no decision is attached the Appellant must provide an explanation for not doing so;

(c) serve on the decision-maker and each of the people or organisations that was a party to the decision under appeal, a sealed (stamped) copy of the Notice of Appeal as soon as practicable after filing the Notice of Appeal;

If the Appellant wishes to refer in the appeal to the transcript or other record of the proceedings before the decision-maker, the appellant is to provide the Tribunal with the whole, or relevant parts of the transcript or record.

(a) advise the Tribunal in writing as to whether or not it wants to be a party to the appeal;

(b) provide the Tribunal, the Appellant and the other parties to the appeal with a list of all the documents which were taken into account in making the decision, if that is not already stated in the reasons;

(c) provide the Tribunal with a copy of all documents in that list or as set out in the reasons for decision. The decision maker should indicate when supplying the documents to the Tribunal whether any restrictions apply, or should apply, to the provision of the documents to the appellant or the other parties to the appeal.

(a) file a Notice in Reply with the Tribunal giving their response to each of the grounds of appeal set out in the Notice of Appeal within 21 days after being served with the Notice;

(b) if a respondent is seeking a variation to the decision makers orders (in the nature of a cross-appeal) lodge an appeal by filing and serving a Notice of Appeal. If such an appeal is lodged within 21 days of the service of the Appellant’s appeal the Appeal Panel will usually regard this as a reasonable period of time for the purposes of s 118B of the Act.

(a) whether another person should be joined to the proceedings;

(b) whether a transcript of the proceedings before the original decision-maker should be provided;

(c) whether a guardian should be appointed to represent a party who is an ‘incapacitated’ person;

(d) whether, if there is no ‘contradictor’, counsel assisting should be appointed; and

(e) the directions that should be made for parties to file and serve submissions or other material on which they intend to rely.

9. Hearing
The Appeal Panel will comprise the President or a Deputy President, one judicial member and one non-judicial member. At the hearing the appellant will be asked to further explain the written submissions. Each respondent will be asked to reply. The Appellant will have a final opportunity to respond.

9. Costs
The general rule is that each party pays his or her own costs. However, one party may be ordered to pay another party’s costs in certain circumstances. For more information, see the Costs Guideline.

Issued: 23 June 2011