Administrative Decisions Tribunal: General Division
Review of Government Administrative Decisions
Most applications lodged with the ADT to review a decision made by a government agency will be heard in the General Division.
What sort of matters are dealt with by the General Division?
How do I know if a decision can be reviewed by the ADT?
Is there anything I have to do before I ask the ADT to review a decision?
How do I get my decision reviewed by the ADT?
What information do I need to provide on the application form?
When should I lodge my application?
Is there a fee?
What happens after I fill in the application form and send it to the ADT?
What do I need to do when corresponding with the Tribunal?
Who can represent me before the Tribunal?
Who will hear my case?
What happens if I can't attend the hearing?
What kind of decision can the ADT make?
What happens to the government agency's decision while I am waiting for a review by the ADT?
What can I do if I don't agree with the ADT's decision?
How do I get more information?
What sort of matters are dealt with by the General Division?
The main function of the General Division of the ADT is to review decisions made by government agencies in many areas of government and under many different laws.
The most frequent applications for review heard by the General Division are freedom of information, privacy, and licensing matters relating to firearms, the security industry, passenger transport and the building industry. Most of the applications are made under the following legislation:
Commercial Agents and Private Inquiry Agents Act 2004
Fair Trading Act 1987
Firearms Act 1996
Fisheries Management Act 1994
Freedom of Information Act 1989
Home Building Act 1989
Passenger Transport Act 1990
Privacy and Personal Information Protection Act 1998
Property, Stock and Business Agents Act 2002
Security Industry Act 1997
Included in the General Division is a separate Guardianship and Protected Estates List to hear reviews of decisions of the Protective Commissioner and Public Guardian, or appeals from the Guardianship Tribunal.
Matters involving Community Services, Disability Services and Ageing portfolios are heard in the Community Services Division. Matters involving the Office of State Revenue are heard in the Revenue Division. Matters involving lawyers or registered conveyancers are dealt with by the Legal Services Division.
Original Decisions
There are some matters heard in the General Division which are not reviews of government decisions, but are called ‘original decisions”. This includes matters under the following Acts:
Local Government Act 1993
Ombudsman Act 1974
Public Health Act 1991
In these matters, the applicant does not need to seek an ‘internal review’ with the Government Agency before lodging an application with the Tribunal.
The General Division also hears certain professional conduct matters involving veterinary surgeons, architects and surveyors.
How do I know if a decision can be reviewed by the ADT?
The government agency who made the decision will tell you if your decision can be reviewed.
If you are unsure whether the ADT can review a decision, contact the ADT Registry.
Is there anything I have to do before I ask the ADT to review a decision?
The first step is to ask the government agency concerned to review its decision. This is called an internal review. Requests for an internal review must be in writing and must be made within 28 days of being told of the government agency's decision.
In some cases the ADT can review a decision without an internal review being undertaken.
This occurs when:
- a decision is exempt from an internal review; or
- an urgent review of the decision is needed to protect your interests
You can ask the government agency or the ADT if your decision is exempt.
If you do not agree with the internal review decision or you haven't received a response from the government agency after 21 days, the next step is to make an application to the ADT to review the decision.
How do I get my decision reviewed by the ADT?
You can fill out an application for review which is available on the internet or from the ADT registry. There is a different application form if you are making an application under the Privacy and Personal Information Protection Act, the Local Government Act or if your application is for an original decision. Select this link if you require a different application form, or contact the ADT registry. You cannot lodge the application through the internet. Please post or bring your application to the ADT registry.
What information do I need to provide on the application form?
- Your name, address and telephone number.
- The name of the government agency that made the decision you want reviewed.
- The date the decision and the internal review decision were made.
- A copy of the decision and internal review decision (this is normally the letter sent to you by the government agency).
- A brief outline of why you think the decision is wrong.
When should I lodge my application?
You need to lodge your application to the ADT within 28 days from when you are notified of the internal review decision.
Sometimes the time allowed to lodge your application is longer than 28 days. If you are unsure contact the ADT Registry.
If you want to lodge an application but the time allowed has expired, you have to ask for an extension. You will need to give a reason why you were not able to lodge the application within the time allowed. It will be up to the ADT to decide if the late application is acceptable.
Is there a fee?
Yes, for most applications there is a filing fee of $55.00, except where there is more than one member required ( Education Act, Local Government Act, NSW Architects Registration Board, Public Health Act, Veterinary Surgeons Disciplinary matters). The fee in these matters is $115.00.
If there is a fee and you cannot afford it, you can apply for the fee to be waived. You will need to show how payment of the fee will cause you hardship.
What happens after I fill in the application form and send it to the ADT?
You will receive a letter from the ADT informing you that your application has been received. There will also be some information about what happens next. The government agency who made the decision will be asked to give you and the ADT a statement outlining the reason for their decision and copies of supporting documents used to make the decision.
You should also be given a date to attend the ADT. This is called a 'directions hearing' or a 'conference'. A Member of the ADT will talk to you and a representative from the government agency about the best way to deal with your application.
What do I need to do when corresponding with the Tribunal?
All correspondence 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 must be sent to each other party to 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.
Who can represent me before the Tribunal?
You can either appear in person or get a lawyer or agent to represent you.
Who will hear my case?
A Judicial Member of the ADT will hear your case on a date arranged at the directions hearing or conference.
In some cases, the Judicial Member will hear your case with two other Members who have specialist knowledge in your type of case.
In some cases the ADT will be able to give their decision at the end of the hearing. However, in most cases the ADT will require time to consider the matter and will give their decision at a later date. You will be informed when the decision has been made.
What happens if I can't attend the hearing?
If you live outside the Sydney metropolitan area, the directions hearing or conference can be conducted by telephone. In some cases, the ADT may hold the hearing in a regional area of NSW.
If you have a disability that makes it difficult for you to attend, the directions hearing or conference can be conducted by telephone. In some cases, the hearing may also be conducted by telephone.
What kind of decision can the ADT make?
The ADT can make various decisions including:
- affirming the government agency's decision;
- reversing the decision completely or in part;
- substituting a new decision for the original decision; or
- ordering the government agency to reconsider the decision.
The ADT does not award costs unless it is satisfied that there are special circumstances. You can contact the ADT Registry for more information.
What happens to the government agency's decision while I am waiting for a review by the ADT?
The lodging of an application does not stop the government agency's decision from taking effect nor does it prevent the government agency from implementing its decision.
Can I ask for the government agency's decision to be suspended while I am waiting for a review by the ADT?
Yes. This is called a 'stay'. You can fill out an application form for an urgent interim order which is available from the Internet or the ADT Registry. You cannot lodge the application through the Internet. Please post or bring the application to the ADT Registry.
You will be required to give a reason for asking for the government agency's decision to be suspended. The ADT will also seek the views of the government agency before deciding whether to grant a suspension of the decision.
What can I do if I don't agree with the ADT's decision?
You may have the right of appeal to the Appeal Panel of the ADT if you do not agree with the ADT's decision. If you are not sure whether you can appeal the decision, contact the ADT Registry.
In some cases there is also a right of appeal to the Supreme Court. If you are not sure of your appeal rights, contact the ADT Registry.
How do I get more information?
You can select any of the following links to find out more about the legislation or the procedures before the General Division of the Tribunal. Otherwise you can telephone the ADT Registry on 9223 4677 to discuss your application
Frequently asked questions
Practice and Procedure
Previous Decisions
Legislation
Review of Government Decisions Brochure
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