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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 17
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ADMINISTRATIVE DECISIONS TRIBUNAL PRACTICE NOTE NO. 17 General Division: Professional discipline proceedings 1. The aim of this Practice Note is to simplify and unify practices and procedures in professional discipline proceedings in the General Division of the Tribunal. It should be read in conjunction with Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 (the Regulation). 2. This Practice Note applies to originating applications to the Tribunal for disciplinary finding/s and disciplinary order/s under the: Architects Act 2003 Veterinary Practice Act 2003 Building Professionals Act 2005 Note: This Practice Note does not apply to originating applications to the Tribunal under the Legal Profession Act 2004 nor does it apply to applications for review of a reviewable decision made by an interested disciplinary body under any of the Acts listed above. This information can be found on the Tribunal’s website at www.lawlink.nsw.gov.au/adt. 3. When applying to the Tribunal for a disciplinary finding and order, an applicant must complete the form entitled “Application for Original Decision - Disciplinary Finding and Order”. That form is the approved form for a referral of a complaint for the purposes of the Veterinary Practice Act 2003 and an application for a disciplinary finding and order under the Building Professionals Act 2005 and the Architects Act 2003. Affidavit as to Jurisdiction 4. An Affidavit as to Jurisdiction must be attached to the application and should include: (a) the name of the person who made the original complaint; (b) the fact that the person who is the subject of the complaint was a person subject to the relevant enactment at the time when the alleged conduct occurred; (c) a summary of the provisions governing the conduct of investigation and the making of decisions in relation to the complaint including any provisions relating to referral or application to the Tribunal; (d) the action taken by the applicant to investigate the complaint; (e) the identity of any person who investigated the complaint, or matters associated with it, and on whose evidence the application relies; (f) the reports or other documents relating to the investigation, which the applicant intends to tender in evidence; (g) the particulars of the decisions made by the applicant in relation to the complaint pursuant to the relevant legislative provisions including the decision which entitled the applicant to make the application. Application 5. The Application must identify the disciplinary finding/s sought by reference to the statutory provision/s on which the applicant relies. Under each disciplinary finding sought, the applicant should give a general description of the conduct said to justify that disciplinary finding. Again the applicant should identify the statutory provision, including any provisions in delegated legislation, on which the applicant relies. Underneath the general description of the conduct, the applicant should set out in a logical sequence, the facts, acts and/or omissions, but not the evidence, that are alleged to constitute the conduct that is said to justify the disciplinary finding. 6. In the Application the applicant may set out the order or orders sought against the respondent. The applicant is not required to propose any orders but may wish to express preliminary views in relation to the orders sought. Notice 7. The applicant shall lodge with the Application, a Notice to the Respondent in the approved form. This notice is attached to the application form. Service of Application 8. The applicant shall serve a sealed copy of the Application and the Notice on the respondent as soon as practicable after they have been lodged. The applicant should complete and file an Affidavit of Service in relation to the service of those documents. Reply 9. Within 21 days of being served with the application, the respondent must lodge with the Tribunal a Reply in the approved form. The Reply must: (a) set out any preliminary objection to the lodging of the application out of time or the assertion by the applicant that the Tribunal has jurisdiction to entertain the application and indicate the basis of the objection. (b) admit or deny the description of the conduct said to justify the disciplinary finding; (c) admit, deny or express inability to admit or deny, each particular alleged to constitute the conduct; (d) set out the facts on which the respondent relies in response; (e) indicate whether any proposed order is contested. In the Reply, the respondent may set out the orders he or she is prepared to agree to, but there is no obligation on the respondent to do so. The Tribunal is not bound to make the orders requested by either party even if both parties are in agreement. Service of Reply 10. The respondent must serve a sealed copy of the Reply on the applicant as soon as practicable after it has been lodged. First Directions Hearing 11. A directions hearing will take place within four to six weeks to make directions for the preparation of the matter for hearing. Issued 4 January 2005 Re-issued with amendments 9 October 2006 Re-issued with amendments 16 November 2007 Judge KEVIN O’CONNOR President |
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