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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 09
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- 2 - ADMINISTRATIVE DECISIONS TRIBUNAL PRACTICE NOTE No. 9 General Division : Licence Suspensions under Fair Trading Act 1987 : Procedures relating to Applications for Review The purpose of this Practice Note is to outline the procedures that the Tribunal will follow in dealing with applications for review of decisions to suspend licences made pursuant to s 64A of the Fair Trading Act 1987 (the Fair Trading Act). Section 64A of the Fair Trading Act gives the Director General, Department of Fair Trading power to suspend any licence, permit or authority granted under legislation administered by the Minister for Fair Trading. The maximum period of suspension is 60 days from the date specified in the notice, commencing on service of the notice. A licensee is entitled to apply to the Tribunal for a review of such a decision. Because suspension means that the licensee cannot operate, the following procedures will allow applications to be dealt with quickly, and with a minimum of oral evidence. While an applicant has the right to apply for a stay of the decision, one aim of this Practice Note is to avoid the need for a stay application in cases where the matter can be listed for final determination within a relatively short time frame. Hearing and Determination of Application for Review 1. On receipt of the application for review, Registry to fax a copy to the Department and ask whether the application contains all the material on which the Department intends to rely. 2. If the application contains all the material on which the Department intends to rely, or if the applicant has previously been provided with that material, the Registry will advise the applicant of that fact and the following timetable will operate: (a) The applicant to give to the Tribunal and the Department within 7 days of being advised of the material on which the Department relies: 3. If the application does not contain all the material on which the Department intends to rely, or if the applicant has not previously been provided with that material, the Registry will advise the applicant of that fact and the following timetable will operate: (a) The Department to give to the Tribunal and the applicant within 7 days of the application being filed: (b) The applicant to give to the Tribunal and the Department within 7 days of being provided with the material on which the Department relies: 4. Conduct of the hearing. The hearing will generally proceed on the basis of the written material provided by the applicant and the Department. Oral evidence, including cross-examination of parties and witnesses, may be allowed in special circumstances. This could occur for example, where the applicant is not assisted by a lawyer. 5. Tribunal Decision. The Tribunal will give its decision within 2 days of the hearing with written reasons for its decision to follow. This means that the maximum amount of time from lodging an application to a decision being made is 23 days. 6. Applications for a Stay of Decision to Suspend. If an applicant applies for a stay of the decision, despite the fact that the matter will be finally resolved within 23 days, the stay application will be listed within 5 days. Given that a full hearing of the merits will take place within 21 days of the original application being filed, the time allocated for hearing of the stay application will usually be limited to two hours. Commencement Date : 15 July 2002 Judge KEVIN O’CONNOR President 15 July 2002 |
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