Administrative Decisions Legislation Amendment Act 1997 (NSW)
New South Wales Administrative Decisions Legislation
Amendment Act 1997 No 77
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Acts 2 4 Explanatory Notes 2 Schedules
1 Amendments concerning abolished Community
Services Appeals Tribunal 3 2 Amendments concerning abolished Equal Opportunity
Tribunal 23 3 Amendments concerning abolished Legal Services
Tribunal 26
4 Amendments concerning other abolished Tribunals 31 5 Amendments transferring the jurisdiction of courts 48 6 Other amendments to Acts 98
Notes 102
New South Wales Administrative Decisions Legislation
Amendment Act 1997 No 77
Act No 77, 1997
An Act to make amendments to various Acts consequent on the enactment of the Administrative Decisions Tribunal Act 1997; and for other purposes. [Assented to 10 July 1997]
Section 1 Administrative Decisions Legislation Amendment Act 1997 No 77 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Administrative Decisions Legislation Amendment
Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
Each Act specified in Schedules 1–6 is amended as set out in those Schedules.
4 Explanatory Notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal Schedule 1 Amendments concerning abolished
Community Services Appeals Tribunal
(Section 3)
1.1 Adoption Information Act 1990 No 63 [1] Section 35A Internal review Omit “an appeal to the Community Services Appeals Tribunal” from
section 35A (6).
Insert instead “an application to the Administrative Decisions
Tribunal for a review of the decision under section 40 of theCommunity Services (Complaints, Reviews and Monitoring) Act
1993”.[2] Section 36 Omit the section. Insert instead: 36 Decisions that are reviewable by Administrative Decisions Tribunal
(1)
For the purposes of section 40 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions made by the Director-General are reviewable by the Administrative Decisions Tribunal:
(a)
a failure or refusal to supply any birth certificate or prescribed information to a person, or to authorise the Registrar or another information source to do so under this Act,
(b)
a failure or refusal to enter the name of any person in a register under this Act,
(c)
a failure or refusal to arrange a reunion or take action to locate a person under Part 4,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal
(d) a failure or refusal to approach a person who has lodged a contact veto in accordance with a request made under section 24, (e) a decision made under or for the purposes of this Act by the Director-General that is a decision within a class of decisions prescribed by the regulations for the purposes of this section. (2) Despite section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993, an application cannot be made to the Tribunal under that section until the decision concerned has been reviewed under section 35A of this Act.
(3) Section 35A applies to the exclusion of section 53 (Internal reviews) of the Administrative Decisions Tribunal Act 1997. For the purposes of the application of that Act to the review of any decision made under this Act, any reference to an internal review of the decision under that Act is taken to be a reference to an internal review under section 35A of this Act.
[3] Schedule 2 Savings, transitional and other provisions
Omit clause 6.
Explanatory note
Item [2] amends the Adoption Information Act 1990 to ensure that certain decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints Reviews and Monitoring) Act 1993 (as renamed by this Schedule). It also ensures that the procedures for internal reviews under the Adoption Information Act 1990 of decisions reviewable by the Tribunal displace the internal review procedures provided by the Administrative Decisions Tribunal Act 1997.
Items [1] and [3] make consequential amendments.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
1.2 Adoption of Children Act 1965 No 23 Section 67A
Omit the section. Insert instead:
67A Decisions that are reviewable by Administrative
Decisions Tribunal
For the purposes of section 40 (1) (a) of the Community
Services (Complaints, Reviews and Monitoring) Act 1993, the following decisions made by theDirector-General under or for the purposes of this Act are reviewable by the Administrative Decisions Tribunal:
(a) a decision to refuse approval of an adoption agency, (b) a decision to revoke or suspend the approval of an adoption agency, (c) a decision within a class of decisions prescribed by the regulations for the purposes of this section.
Explanatory note
The amendment to the Adoption of Children Act 1965 ensures that certain decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (as renamed by this Schedule).
1.3 Children (Care and Protection) Act 1987 No 54 [1] Section 3 Definitions Omit the definition of Community Services Appeals Tribunal from section 3 (1).
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal[2] Section 112
Omit the section. Insert instead:
112 Decisions that are reviewable by Administrative
Decisions Tribunal
For the purposes of section 40 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions are reviewable by the Administrative Decisions Tribunal:
a decision of the Minister or the Director-General,
as the case may be:(i) to grant a licence or authority,
(ii) to grant a consent,
(iii) to impose a condition on a licence or authority,
(iv) to revoke or vary any condition of, or to impose a further condition on, a licence or authority,
(v) to grant an application to vary a fostering authority, or
(vi) to suspend or revoke a licence or authority, as referred to in Schedule 1,
a decision of the Minister to grant an employer’s authority or to impose a condition on, to revoke or vary any condition of, to impose a further condition on or to suspend or revoke any such
authority, a decision of the Minister to grant an exemption under section 48 (1) or 53, to limit the extent of any such exemption or to impose conditions on any such exemption, a decision of the Minister or the Director-General to give an approval referred to in section 42 (2) or 44 (2),
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
as the case may be, to fail or refuse to make a a decision of the Minister or the Director-General, decision referred to in paragraph (a), (b), (c) or (d) that the Minister or Director-General, as the case may be, is empowered and has been requested to make, a decision of the Minister to declare under section 50 (2) that a person is taken to be the employer of a child, a decision of the Minister to refuse to terminate the Minister’s guardianship of a ward under section 90 (2), a decision of the Minister to terminate the custody of a ward or protected person under section 91 (1) (e), a decision of the Minister or the Director-General belonging to such class of decisions as may be prescribed by the regulations.
Item [2] amends the Children (Care and Protection) Act 1987 to ensure that certain decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (as renamed by this Schedule). Item [ l ] removes an obsolete reference.
1.4 Commonwealth Powers (Family Law—Children) Act 1986
No 182Schedule 1 Statutory provisions Omit “Community Sewices (Complaints, Appeals and Monitoring) Act 1993”. Insert instead “Community Sewices (Complaints, Reviews and Monitoring) Act 1993”. Explanatory note The amendment to the Commonwealth Powers (Family Law—Children) Act 1986 replaces a reference to the Community Services (Complaints, Appeals and Monitoring) Act 1993 in consequence of it being renamed by this Schedule.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals Tribunal 1.5 Commonwealth Powers (Family Law—Children)
Amendment Act 1996 No 60Schedule 1 Amendments Omit “Community Services (Complaints, Appeals and Monitoring) Act 1993” from Schedule 1 [7]. Insert instead “Community Services (Complaints, Reviews and Monitoring) Act 1993”. Explanatory note The amendment to the Commonwealth Powers (Family Law—Children) Amendment Act 1996 replaces a reference to the Community Services (Complaints, Appeals and Monitoring) Act 1993 in consequence of it being renamed by this Schedule.
1.6 Community Services (Complaints, Appeals and
Monitoring) Act 1993, No 2[1 ] Long title
Tribunal”.
Omit “appeals” and “and the Community Services Appeals the Administrative Decisions Tribunal” respectively.
[ 2 ] Section 1 Omit the section. Insert instead: 1 Name of Act
This Act is the Community Services (Complaints,
Reviews and Monitoring) Act 1993.
[3] Section 4 Definitions
Omit the definition of Deputy President.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal Section 4, definition of “President”
Omit the definition of President. Insert in alphabetical order:
Divisional Head of the Tribunal means the Divisional
Head of the Community Services Division of the
Tribunal.
Section 4, definition of “Registrar”
Insert in alphabetical order:
Registrar means the Registrar of the Tribunal.
Section 4, definition of “Tribunal”
Omit the definition. Insert instead:
Tribunal means the Administrative Decisions Tribunal
established by the Administrative Decisions Tribunal Act
1997.
Omit the Part. Insert instead: Part 5
Part 5 Review by Tribunal of decisions 40 Applications to the Tribunal for reviews of decisions
(1) A person may apply to the Tribunal for a review of any
of the following decisions:
(a)
a decision made by a person or body by or under the community welfare legislation where the legislation expressly provides that the decision is a reviewable decision for the purposes of this paragraph, and
(b)
a decision of the Commission to investigate a complaint, being an investigation that is beyond its powers, and
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal
(c)
a decision of the Commission that was beyond its powers, and
(d)
a decision that was made by a relevant decision maker and is of a class prescribed by the regulations for the purposes of this section, and
(e)
a decision made by any State Minister (other than the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services), any Commonwealth Minister or any public authority, if it is within a class of decisions that, with the consent of that Minister or public authority, is prescribed by the regulations for the purposes of this section.
(2)
If there is a failure within a reasonable time to make a decision that, if made, could be the subject of an application to the Tribunal under subsection (1) (b) or (c), the Tribunal may:
(a)
treat the decision as having been made in a manner unfavourable to the applicant for the decision, and
(b)
permit the applicant to apply to the Tribunal as if the unfavourable decision had in fact been made.
(3) In this section:
relevant decision maker means the following:
(a) the Minister for Community Services, (b) the Minister for Aged Services, (c) the Minister for Disability Services, (d)
the Director-General of the Department of Community Services,
(e)
the Director-General of the Ageing and Disability Department,
(f) the Commission, (g) a service provider.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
(4)
In this Part, a reference to a decision, in relation to the Commission, includes a reference to action taken by the Commission and to a recommendation made by the Commission.
41 Who may apply to the Tribunal?
(1)
An application may be made to the Tribunal by any person who demonstrates to the satisfaction of the Tribunal that he or she has a genuine concern in the subject-matter of the decision concerned.
(2)
Without limiting the generality of subsection (l), an application may be made by any person who is responsible for, is a next friend of or is appointed by the Tribunal to represent the person to whom the application relates.
(3)
The Tribunal may, on application, grant leave to apply for a review of a decision to any person who was entitled to, but did not, apply for a review of the decision within the time allowed for an application.
(4)
A person found by the Tribunal to be unjustifiably interfering in a matter is not entitled to apply to the Tribunal for a review in relation to the matter.
(5)
In determining whether a person is unjustifiably interfering in a matter, the Tribunal is to take into account, to the extent that it is practicable to do so, the wishes and interests of any other persons who have an interest in the matter.
(6) This section applies despite any contrary provisions of
the Administrative Decisions Tribunal Act 1997.
42 Representative applications
(1)
The Tribunal may, on application, give leave for an application for a review of a decision to be dealt with as a representative application if it is satisfied that:
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal3 or more persons are entitled to apply to the Tribunal for a review of a decision arising from the same, similar or related circumstances as those to which the application relates but their joinder as appellants is impracticable, and
the applicant is one of those persons and the others
consent to a representative application, and
the application is made in good faith, and
the applicant is capable of adequately advocating
the interests of the persons entitled to apply for a
review, and
a representative application would be to the
advantage of the persons entitled to apply for areview, and
and effective means of dealing with the claims of a representative application would be an efficient the persons entitled to apply for a review. The Tribunal may make orders about the making, notification, conduct and determination of a representative application.
The decision of the Tribunal on a representative application is binding on the persons referred to in subsection (1) (a).
43 Alternatives to Tribunal determining the matter
(1)
The Tribunal must take such steps as to it seems reasonable to encourage the parties to an application for review to effect an amicable agreement.
(2)
The Tribunal may, before it hears an application, or before it determines a matter the subject of an application, refer the application or matter:
(a)
to the service provider for resolution at a local level, or
(b)
to the Commission for alternative dispute resolution or investigation under this Act, or
(c)
for investigation by any other appropriate investigative authority.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
(3)
The powers conferred on the Tribunal by this section are in addition to any other powers that the Tribunal has under the Administrative Decisions Tribunal Act 1997, including section 74 (Preliminary conferences) or Part 4 (Alternative dispute resolution) of Chapter 6.
44 Additional powers of Tribunal
The Tribunal may decline to hear or determine an application if, in the opinion of the Tribunal:
(a) the applicant has available an alternative and satisfactory means of redress, or (b) the applicant has not made appropriate attempts to have the matter to which the application relates resolved otherwise, or (c) the ground for the application is unacceptable having regard to the frequency of applications previously made by or on behalf of the appellant in respect of the same subject-matter. In giving its decision on an application, the Tribunal may make recommendations for consideration by the relevant Minister and, if any recommendations are made, the parties affected by the decision are entitled to be informed:
(a)
of any action taken in relation to the recommendations, or
(b) that it is not proposed to take any such action. Nothing in this section limits the powers of the Tribunal under Division 3 (Powers on review) of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997. In this section: relevant Minister means:
(a) the Minister for Community Services, if the decision against which the appeal was made was made by the Minister for Community Services, the Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals Tribunal Director-General of the Department of Community Services or by a person or organisation authorised or funded by the Minister for Community Services to provide a service, or
(b)
the Minister for Aged Services, if the decision against which the appeal was made was made by the Minister for Aged Services, the Director-General of the Ageing and Disability Department (and the decision related to the provision of services to the aged) or by a person or organisation authorised or funded by the Minister for Aged Services to provide a service, or
(c)
the Minister for Disability Services, if the decision against which the appeal was made was made by the Minister for Disability Services, the Director-General of the Ageing and Disability Department (and the decision related to the provision of services to people with disabilities) or by a person or organisation authorised or funded by the Minister for Disability Services to provide a service, or
(d)
the Minister for Community Services, if the decision against which the appeal was made was made by the Home Care Service of New South Wales or by a person or organisation funded by the Home Care Service of New South Wales to provide a service.
45 Right of appearance
( 1 )
In any proceedings before the Tribunal, the parties to the proceedings may appear in person or, by leave of the Tribunal, may be represented by a barrister or solicitor or by an agent.
(2)
The Commissioner has a right to appear in proceedings before the Tribunal in order to assist the Tribunal otherwise than as a party, unless the proceedings concern an application for the review of a decision of the Commission.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal In proceedings before it directly or significantly affecting a prescribed person, the Tribunal may appoint a person to act as guardian ad litem for the person.
In proceedings before it directly or significantly affecting a prescribed person, the Tribunal may, if it considers that the person should be separately represented:
(a)
order that the person be separately represented, and
(b)
make such other orders as it thinks necessary for the purpose of securing separate representation for the person.
A person is not entitled to legal aid under the Legal Aid
Commission Act 1979 merely because the Tribunal has
made an order under subsection (4).
This section applies despite the provisions of section 71 (Representation of parties) of the Administrative
Decisions Tribunal Act 1997.
prescribed person means a child or a person of a class In this section: prescribed for the purposes of this section by the regulations.
46 Costs
(1)
The Tribunal may, if in the particular circumstances of the case it is of the opinion that it is appropriate to do so, make orders with respect to the payment of costs of proceedings before it.
(2) Any such costs may be recovered as a debt. (3)
A certificate purporting to be signed by the Divisional Head or the Registrar and containing a statement as to any matters relating to the award of costs under this section is admissible as evidence of those matters.
(4)
This section applies despite the provisions of section 88 (Costs) of the Administrative Decisions Tribunal Act
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
TribunalPart 7 The Community Services Appeals Tribunal
Omit the Part.
Section 107 Constitution of the Community Services Review
Council
Omit section 107 (1) (e). Insert instead:
(e) the Divisional Head of the Tribunal,
Section 108 Functions of the Review Council
Omit “appeals” from section 108 (b). Insert instead “review”.
Section 114 Omit the section. Insert instead: 114 Reasons to be given for certain decisions If a decision of a class prescribed for the purposes of this subsection is made by a relevant decision maker, the person or body that made the decision must:
(a) record the reasons for the decision, and (b) give a written copy of the reasons to each person considered by the decision-maker to have been directly affected by the decision. In this section, a reference to a decision, in relation to the Commission, includes a reference to action taken by the Commission and a recommendation made by the Commission.
reviewable decision under the Administrative Decisions If a person or body makes a prescribed decision that is a Tribunal Act 1997, the requirements of subsection (1) are taken to be satisfied in relation to any person who is
entitled to apply only if
(a) notice is given to the person in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997, and
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
(b)
a statement of reasons containing the matter specified by section 49 (3) of that Act is also given to the person.
(4) In this section: relevant decision maker means the following:
(a) the Minister for Community Services, (b) the Minister for Aged Services, (c) the Minister for Disability Services, (d)
the Director-General of the Department of Community Services,
(e)
the Director-General of the Ageing and Disability Department,
(f) the Commission, (g) a service provider.
Section 115 Service of documents on the Commission
Omit section 115 (1).
Section 116 Notices etc to be written in other languages
Omit “the Tribunal or” wherever occurring.
Section 119
Omit the section. Insert instead:
119 Exclusion of personal liability
Anything done by:
(a) a Community Visitor, or (b) the Commission, the Commissioner or a member of the staff of the Commission, or (c) any person acting for or under the direction of the Commission or the Commissioner, does not, if it was done in good faith for the purpose of executing this or any other Act, subject the Community Visitor, the member of the staff of the Commission, the Commissioner or a person so acting, personally to any action, liability, claim or demand.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal[15] Section 120 Section 3 does not give rise to or affect a cause of action
Omit “proceedings on an appeal to the Tribunal” from section 120 decision”.
(2).[16] Section 121 Certain conduct excluded from Ombudsman Act 1974
Omit “or of an appeal to the Tribunal”.
[17] Schedule 1 Savings and transitional provisions
Omit clauses 2 and 3.
Explanatory note
Item [7] replaces Part 5 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 with a new Part that enables applications to be made to the Administrative Decisions Tribunal for the review of certain decisions under that Act and under the community welfare legislation within the meaning of the Act (proposed sections 40 and 41). The new Part also lays down certain procedural requirements to be followed by the Administrative Decisions Tribunal in determining such applications, some of which qualify the operation of the procedural provisions of the Administrative Decisions Tribunal Act 1997 (proposed sections 42–46).
Item [2] renames the Act as the Community Services (Complaints, Reviews and
Monitoring) Act 1993.
The other items make consequential amendments.1.7 Community Welfare Act 1987 No 52 Section 3 Definitions
Omit the definition of Tribunal from section 3 (1).
Explanatory note
The amendment to the Community Welfare Act 1987 removes an obsolete
reference.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Community Services Appeals Schedule 1 Tribunal
1.8 Defamation Act 1974 No 18 Section 17KA Matters arising under the Community Services
(Complaints, Reviews and Monitoring) Act 1993
Omit section 17KA (c) and (d).
Explanatory note
The amendment removes provisions of the Defamation Act 1974 that will become obsolete on the abolition of the Community Services Appeals Tribunal.
1.9 Disability Services Act 1993 No 3 [1] Part 2, Division 3 Omit the Division. Insert instead:
Division 3 Applications for review by Administrative
Decisions Tribunal20 Decisions that are reviewable by Administrative
Decisions Tribunal
For the purposes of section 40 (1) (a) of the Community
Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions are reviewable by
the Administrative Decisions Tribunal:
(a)
a decision that an approval to the provision of financial assistance should not have been given under section 10 (2) because the provision of the financial assistance will not conform with the objects of this Act and the principles and applications of principles set out in Schedule 1 ,
(b)
a decision that the terms and conditions on which financial assistance is provided to an eligible organisation in relation to the provision of designated services do not comply with section 12,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal
(c) a decision that the terms and conditions on which financial assistance is provided to a person or eligible organisation in relation to the conduct of an approved research or development activity do not comply with section 13, (d) a decision that a review has not been conducted in accordance with section 15, (e) a decision that future instalments of approved financial assistance have been terminated otherwise than in accordance with section 16, ( f ) a decision belonging to such class of decisions as may be prescribed by the regulations.
[2] Section 25 Section 3 and Schedule 1 not to give rise to or affect cause of action
Omit “on an appeal to the Community Services Appeals Tribunal
under this Act” from section 25 (2).
Insert instead “on an application to the Administrative Decisions
Tribunal under section 40 of the Community Services (Complaints,Reviews and Monitoring) Act 1993 in respect of a decision specified
in section 20 of this Act”.
Explanatory note
Item [2] amends the Disability Services Act 1993 to ensure that certain prescribed decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (as renamed by this Schedule).
Item [ l ] makes a consequential amendment.
1.10 Guardianship Act 1987 No 257 [1] Section 3 Definitions Omit the definition of Community Services Appeals Tribunal from section 3 (1) .
Administrative Decisions Legislation Amendment Act 1997 No 77
[2] Section 97
Omit the section. Insert instead:
97 Decisions that are reviewable by Administrative
Decisions Tribunal
For the purposes of section 40 (1) (a) of the Community
Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions are reviewable bythe Administrative Decisions Tribunal:
(a) a decision of the Minister or the Director-General:
(i) to grant a licence, (ii) to grant a consent, (iii) to impose a condition on a licence,
(iv) to revoke or vary any condition of, or to impose a further condition on, a licence, or (v) to suspend or revoke a licence, as referred to in Schedule 2,
(b)
a decision of the Minister to grant an exemption under section 94 (l), to limit the extent of any such exemption or to impose conditions on any such exemption,
(c)
a decision of the Minister or the Director-General to refuse to make a decision referred to in paragraph (a) or (b) that the Minister or Director-General is empowered and has been requested to make,
(d)
a decision of the Minister or the Director-General belonging to such class of decisions as may be prescribed by the regulations.
Explanatory note
Item [2] amends the Guardianship Act 1987 to ensure that certain decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (as renamed by this Schedule).
Item [1] makes a consequential amendment.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services Appeals
Tribunal1.11 Home Care Service Act 1988 No 6 Section 17A Omit the section. Insert instead: 17A Decisions that are reviewable by Administrative Decisions Tribunal
For the purposes of section 40 ( 1 ) (a) of the community Services (Complaints, Reviews and Monitoring) Act 1993, a decision made under or for the purposes of this Act by:
(a) the Minister, or (b) the Service, or (c) any other person or body at the request of the Minister or the Service, is reviewable by the Administrative Decisions Tribunal if it is a decision within a class of decisions prescribed
by the regulations for the purposes of this section.
Explanatory note
The amendment to the Home Care Service Act 1988 ensures that certain prescribed decisions made under the Act can be the subject of an application for review by the Administrative Decisions Tribunal under section 40 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (as renamed by this Schedule).
1.12 Statutory and Other Offices Remuneration Act 1975
(1976 No 4)Schedule 2, Part 1 Omit “Full-time President of the Community Services Appeals
Tribunal.’’Explanatory note The amendment to the Statutory and Other Offices Remuneration Act 1975 omits a reference to the President of the Community Services Appeals Tribunal that will become otiose on the abolition of the Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Equal Opportunity Tribunal Schedule 2
Schedule 2 Amendments concerning abolished
Equal Opportunity Tribunal
(Section 3)
Anti-Discrimination Act 1977 No 48
Section 4 Definitions
Omit the definition of Tribunal. Insert instead:
Tribunal means the Administrative Decisions Tribunal
established by the Administrative Decisions Tribunal Act
1997.
Part 7A The Equal Opportunity Tribunal
Omit the Part.
Section 89A Application for interim orders under section 112
Omit the section.
Section 95A Leave of Tribunal required for inquiry into certain matters
Omit section 95A (2). Insert instead:
(2) This section does not affect the operation of section 73 (Procedure of the Tribunal generally) of the Administrative Decisions Tribunal Act 1997 in relation to evidence given before, or findings made by, the
Industrial Relations Commission.Sections 97–100, 101A, 101B, 107–110, 112, 115 and 117–117B
Omit the sections.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 2 Amendments concerning abolished Equal Opportunity Tribunal [6] Section 111 Tribunal may dismiss frivolous etc complaints
Insert after section 111 (2):
(3) Nothing in this section limits the generality of the powers conferred on the Tribunal by Chapter 6 of the Administrative Decisions Tribunal Act 1997.
[7] Section 118
Omit the section. Insert instead:
118 Appeals to Appeal Panel against decisions and orders
of Tribunal
An order or other decision made by the Tribunal under this Act may be appealed to an Appeal Panel of the Tribunal under Part 1 of Chapter 7 of the Administrative
Decisions Tribunal Act 1997 by a party to the
proceedings in which the order or decision is made.
[8] Section 127 Regulations
Omit section 127 (4) (d).
Explanatory note
The amendments to the Anti-Discrimination Act 1977 are consequential on the abolition of the Equal Opportunity Tribunal by the proposed Administrative Decisions Tribunal Act 1997 and the transfer of its jurisdiction to the Administrative Decisions Tribunal.
2.2 Defamation Act 1974 No 18 [1] Section 17D Matters arising under Anti-Discrimination Act 1977 Omit “Equal Opportunity Tribunal constituted under the Anti-Discrimination Act 1977” from section 17D (1). Insert instead “Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997”. Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Equal Opportunity Tribunal Schedule 2 [2] Section 17D (1)
Omit “that Act” wherever occurring.
Insert instead “the Anti-Discrimination Act 1977".
[3] Section 17D (2)
Omit “Equal Opportunity Tribunal constituted under that Act”.
Insert instead “Administrative Decisions Tribunal established by theAdministrative Decisions Tribunal Act 1997”.
Explanatory note
The amendments replace references in the Defamation Act 1974 that will become otiose with the abolition of the Equal Opportunity Tribunal.
2.3 Industrial Relations Act 1996 No 17 Section 169 Anti-discrimination matters Omit section 169 (2) and (3). Insert instead: An issue that is the subject of proceedings before the Administrative Decisions Tribunal in relation to a matter arising under the Anti-Discrimination Act 1977 may not be the subject of proceedings before the Commission without the leave of the Commission.
The Commission may admit in proceedings before it evidence given before, or findings made by, the Tribunal in relation to a matter arising under the Anti-Discrimination Act 1977. This subsection does not prevent the admission of any other evidence in the proceedings that contradicts any such evidence or finding.
Explanatory note
The amendment replaces provisions in the Industrial Relations Act 1996 that presently refer to the Equal Opportunity Tribunal with provisions referring to the Administrative Decisions Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 3 Amendments concerning abolished Legal Services Tribunal Schedule 3 Amendments concerning abolished
Legal Services Tribunal
(Section 3)
3.1 Conveyancers Licensing Act 1995 No 57 [1] Section 35 Secrecy Omit “Legal Services Tribunal” from section 35 (5) (e).
Insert instead “Administrative Decisions Tribunal”.[2] Section 83 Composition of Legal Services Tribunal Omit the section. Explanatory note The amendments to the Conveyancers Licensing Act 1995 are consequential on the abolition of the Legal Services Tribunal and the transfer of its jurisdiction to the Administrative Decisions Tribunal by the Administrative Decisions Tribunal Act 1997.
Defamation Act 1974 No 18 Section 17J Matters arising under the Legal Profession Act 1987 Omit section 17J (1) (a) (x). Schedule 2 Proceedings of public concern and official and public documents and records
Omit clause 2 (16) (e). Omit the paragraph. Schedule 2, clause 3 (5) (e) Explanatory note The amendments to the Defamation Act 1974 remove otiose references to the
Legal Services Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Legal Services Tribunal Schedule 3
3.3 Legal Profession Act 1987 No 109 [1] Section 3 Definitions Omit the definition of Tribunal from section 3 (1).
Insert in alphabetical order:
Appeal Panel of the Tribunal means an Appeal Panel
constituted under the Administrative Decisions Tribunal
Act 1997.
Legal Services Division of the Tribunal means the Legal
Services Division of the Tribunal established by the
Administrative Decisions Tribunal Act 1997.
Tribunal means the Administrative Decisions Tribunal
established by the Administrative Decisions Tribunal Act
1997.
[2] Section 48I Prohibition on employment of certain non-legal clerks
Omit section 48I (4).
[3] Section 48J Prohibition on partnerships with certain non-legal partners
Omit section 48J (4).
[4] Section 48K Associates who are disqualified or convicted persons
Omit “the Supreme Court” from section 48K (2) (d).
Insert instead “an Appeal Panel of the Tribunal”.[5] Section 48K (3)
Omit the subsection. Insert instead:
(3)
If a Council or the Tribunal decides to refuse an application by a person for approval under this section, the person may appeal against the decision to an Appeal Panel of the Tribunal under Part 1 of Chapter 7 of the
Administrative Decisions Tribunal Act 1997. On any such appeal, the Appeal Panel may:
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 3 Amendments concerning abolished Legal Services Tribunal
(a) confirm the decision appealed against, or (b) approve of the associate.
Section 48L Miscellaneous provisions-ss 48I–48K
Omit section 48L (5).
Section 126 Definitions
Omit the definitions of barrister member and solicitor member.
Part 10, Division 7
Omit the Division.
Part 10, Division 8, heading
Omit the heading. Insert instead:
Division 7 Applications to the Tribunal
Omit the section. Insert instead: Section 168 168 Rules of evidence
(1)
For the purpose of conducting a hearing into a question of professional misconduct, the Tribunal is to observe the rules of law governing the admission of evidence despite any contrary provisions of section 73 (Procedure of the Tribunal generally) of the Administrative
Decisions Tribunal Act 1997. (2)
In relation to the conduct of any other hearing of a matter allocated to the Legal Services Division of the Tribunal by the Administrative Decisions Tribunal Act
1997, section 73 of that Act applies to the determination of that matter. Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning abolished Legal Services Tribunal Schedule 3 [11] Section 169 Parties
Omit “Any” from section 169 (4).
Insert instead “Despite section 71 of the Administrative DecisionsTribunal Act 1997, any”.
[12] Sections 170–171B
Omit the sections. Insert instead:
170 Certain hearings to be held in private
(1 ) The Tribunal is to direct that a hearing (or part of a hearing) relating only to a question of unsatisfactory professional conduct be held in the absence of the public unless it is of the opinion that the presence of the public is in the public interest or the interests of justice. (2) Nothing in this section affects the generality of section 75 (Proceedings on hearing to be conducted in public) of the Administrative Decisions Tribunal Act 1997 in relation to hearings other than those referred to in subsection (1).
[13] Sections 171F–l71H
Omit the sections. Insert instead:
171F Appeals to Appeal Panel against decisions and orders
of Tribunal
An order or other decision made by the Tribunal under
this Act may be appealed to an Appeal Panel of the Tribunal under Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997 by a party to the proceedings in which the order or decision is made.
[14] Section 171T Costs of administering Part
Omit “Tribunal”.
Insert instead “Legal Services Division of the Tribunal”.Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 3 Amendments concerning abolished Legal Services Tribunal [15] Schedule 6 The Legal Services Tribunal
Omit the Schedule.
Explanatory note
The amendments to the Legal Profession Act 1987 are consequential on the abolition of the Legal Services Tribunal by the Administrative Decisions Tribunal Act 1997 and the transfer of its jurisdiction to the Administrative Decisions Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 Schedule 4 Amendments concerning other
abolished Tribunals
(Section 3)
4.1 Boxing and Wrestling Control Act 1986 No 11 [1] Section 3 Definitions Omit the definition of Tribunal. [2] Part 5 Omit the Part. Insert instead:
Part 5 Review by Administrative Decisions Tribunal 28 Applications may be made to Administrative Decisions Tribunal for review of decisions
A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:
(a)
a determination under section 9 (1) (a) (ii) or 13 (1) (a) (ii) that the person be registered as a boxer for a period of less than 12 months,
(b)
a decision under section 11 (2) to impose conditions in respect of the person,
(c)
a decision under section 11 (2) or (4) or section 23 (2) to cancel or suspend the registration of the person,
(d)
a decision under section 11 (2) to reduce the period of the person’s registration,
(e)
a decision to refuse the person’s application for registration or renewal of registration as a boxer or an industry participant where the refusal is on the ground that the person is not a fit and proper person to be so registered.
Explanatory note
The amendments to the Boxing and Wrestling Control Act 1986 are consequential
on the abolition of the Boxing Appeals Tribunal by the proposed Administrative
Decisions Tribunal Act 1997 and the transfer of its jurisdiction to the
Administrative Decisions Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals 4.2 Education Reform Act 1990 No 8 [1] Section 3 Definitions Omit the definition of Tribunal from section 3 (1). Insert instead: Tribunal means the Administrative Appeals Tribunal
established by the Administrative Decisions Tribunal Act
1997.
[2] Section 51 Determination by Minister of applications for initial registration of new non-government schools etc
Omit “Schools Appeals Tribunal” from section 51 (2).
Insert instead “Tribunal”.[3] Section 51 (3) (a)
Omit “no appeal has been made to the Schools Appeals Tribunal review of the recommendation”.
against the recommendation”.[4] Section 51 (3) (b)
Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against the recommendation”.
Insert instead “Tribunal has determined an application for a review
(made within those 30 days) of the recommendation”.[5] Section 51 (3) (c)
Omit “appeal against”.
Insert instead “application for a review of”.[6] Section 56 Renewal of registration by Minister
Omit “Schools Appeals Tribunal on appeal against” from section 56
(1).
Insert instead “Tribunal reviewing”.Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 Section 56 (4) (a)
Omit “no appeal has been made to the Schools Appeals Tribunal review of the recommendation”.
against the recommendation”.
Section 56 (4) (b)
Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against the recommendation”.
Insert instead “Tribunal has determined an application for a review(made within those 30 days) of the recommendation”.
Section 56 (4) (c)
Omit “appeal against”.
Insert instead “application for a review of”.
Section 59 Cancellation of registration
Omit “no appeal has been made to the Schools Appeals Tribunal against the Board’s recommendation” from section 59 (3) (a). Insert instead “no application has been made to the Tribunal for a review of the Board’s recommendation”.
Section 59 (3) (b) Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against the recommendation”.
Insert instead “Tribunal has determined an application for a review(made within those 30 days) of the recommendation”.
Section 59 (3) (c)
Omit “appeal against”.
Insert instead “application for a review of”.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals Section 61 Cancellation of registration of relocated schools Omit “no appeal has been made to the Schools Appeals Tribunal against the Board’s recommendation” from section 61 (4) (a). Insert instead “no application has been made to the Tribunal for a review of the Board’s recommendation”. Section 61 (4) (b)
recommendation”.
Omit “decided an appeal (made within those 30 days) against the those 30 days) of the recommendation”. Section 61 (4) (c) Omit “appeal against”.
Insert instead “application for a review of”.
Section 72 Registration for home schooling Omit “Schools Appeals Tribunal on an appeal against” from section 72 (2) (b).
Insert instead “Tribunal on an application for a review of”.
Section 72 (4) (a) against recommendation”.
Omit “no appeal has been made to the Schools Appeals Tribunal review of the recommendation”. Section 72 (4) (b) Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against the recommendation”.
Insert instead “Tribunal has determined an application for a review
(made within those 30 days) of the recommendation”.Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 Section 72 (4) (c)
Omit “appeal against”.
Insert instead “application for a review of”.
Section 74 Cancellation of registration for home schooling
Omit “no appeal has been made to the Schools Appeals Tribunal review of the recommendation”.
against the recommendation” from section 74 (4) (a).
Section 74 (3) (b)
Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against”.
Insert instead “Tribunal has determined an application for a review(made within those 30 days) of”.
Section 74 (3) (c)
Omit “appeal against”.
Insert instead “application for a review of”.Section 76 Consideration by Board of notice of conscientious objection
Omit “(Schools Appeals Tribunal)” from section 76 (4).
Insert instead “(Review of decisions by Tribunal)”.
Section 77 Acceptance or rejection of conscientious objection Omit “Schools Appeals Tribunal” from section 77 (1) .
Insert instead “Tribunal”.
Section 77 (2) (a)
Omit “no appeal has been made to the Schools Appeals Tribunal review of the recommendation”.
against the recommendation”.Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals Section 77 (2) (b)
Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against”.
Insert instead “Tribunal has determined an application for a review(made within those 30 days) of”.
Section 77 (2) (c)
Omit “appeal against”.
Insert instead “application for a review of”.
Section 82 Cancellation of exemption
Omit “(Schools Appeals Tribunal)” from section 82 (2).
Insert instead “(Review of decisions by Tribunal)”.
Section 82 (3) (a)
against”.
Omit “no appeal has been made to the Schools Appeals Tribunal review of”.
Section 82 (3) (b) Omit “Schools Appeals Tribunal has decided an appeal (made within
those 30 days) against”.
Insert instead “Tribunal has determined an application for a review
(made within those 30 days) of”.
Section 82 (3) (c) Omit “appeal”. Insert instead “application to the Tribunal”. Section 88 Decision of Board not to accredit school Omit section 88 (2) (b). Insert instead:
(b)
if an application for a review of the decision has been made to the Tribunal within those 30 days, unless (and until such time as) the Tribunal has confirmed the decision or the application has been withdrawn.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 Section 89 Minister may accredit school
Omit “Schools Appeals Tribunal, in deciding an appeal against”
from section 89 (1).Insert instead “Tribunal, in determining an application to review”.
Section 91 Cancellation of accreditation
Omit section 91 (2) (b). Insert instead:
(b)
if an application for a review of the decision has been made to the Tribunal within those 30 days, unless (and until such time as) the Tribunal has confirmed the decision or the application has been withdrawn.
Section 91 (3)
Omit “Schools Appeals Tribunal, in deciding an appeal against”. Insert instead “Tribunal, in determining an application to review”.
Omit the Part. Insert instead: Part 10
Part 10 Review of decisions by Tribunal 107 Applications for reviews of certain decisions
(1) An application may be made to the Tribunal for a review
of any of the following decisions:
(a)
a recommendation of the Board that registration of a non-government school be refused,
(b)
a recommendation of the Board that registration of a non-government school not be renewed,
(c)
a recommendation of the Board that registration of a non-government school be cancelled,
(d)
a recommendation of an authorised person that the Minister refuse to register a child for home schooling,
(e)
a recommendation of an authorised person that the registration of a child for home schooling be cancelled,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals
(f) a decision of the Board not to accredit a school, (g)
a decision of the Board not to renew the accreditation of a school,
(h)
a decision of the Board to cancel a school’s accreditation.
(2)
A person is entitled to make any such application only if the person is or is required to be given notice of the recommendation or decision under this Act.
108 Determination of application by the Tribunal
(1) On application for the review of a recommendation or
decision, the Tribunal may:
(a) confirm the recommendation or decision, or (b) in the case of an application for the review of a recommendation of the Board or an authorised person-make a different recommendation to the Minister concerning the subject-matter of the application, or (c) in the case of an application for the review of a decision of the Board not to accredit a school- recommend to the Minister that the Minister accredit the school as requested or grant such other accreditation as the Tribunal considers appropriate, or (d) in the case of an application for the review of a decision of the Board to cancel a school’s accreditation-recommend to the Minister that the Minister not cancel the accreditation or cancel it only in so far as it relates to one of the recognised certificates.
(2)
This section applies to the exclusion of the provisions of sections 63 (Determination of review by Tribunal) and 65 (Power to remit matters to administrator for further consideration) of the Administrative Decisions Tribunal
Act 1997.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 109 Failure of Board to make a recommendation or decision
This section applies to the following applications:
(a)
an application to the Board for registration of a non-government school,
(b)
an application to the Board for accreditation of a non-government school,
(c)
an application to the Minister for registration of a child for home schooling.
For the purposes of section 6 (4) of the Administrative
Decisions Tribunal Act 1997, the Board or Minister (as the case may be) is taken to be required to make a decision in relation to an application to which this section applies within 5 months of the lodgment of such an application.
Section 120 Liability of members of Board etc
Omit “ , a committee of the Board or the Schools Appeals Tribunal”
from section 120 (2).
Insert “or a committee of the Board”.Schedule 2 Provisions relating to members and procedure of the Schools Appeals Tribunal
Omit the Schedule.
Explanatory note
The amendments to the Education Reform Act 1990 are consequential on the abolition of the Schools Appeals Tribunal by the Administrative Decisions Tribunal
Act 1997 and the transfer of its jurisdiction to the Administrative Decisions
Tribunal.
Veterinary Surgeons Act 1986 No 55 Section 3 Definitions Omit the definition of Disciplinary Tribunal from section 3 (1). Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals
[2] Section 3 ( l ) , definition of “Tribunal” Insert in alphabetical order:
Tribunal means the Administrative Decisions Tribunal
established by the Administrative Decisions Tribunal Act
1997.
[3] Part 4, Division 2, heading
Omit “and Disciplinary Tribunal”.
[4] Section 25 Constitution of the Veterinary Surgeons Disciplinary Tribunal
Omit the section.
[5] Section 28 Decision of Investigating Committee on complaint
Omit “Disciplinary” wherever occurring from section 28 (1) and (6).
[6] Part 4, Divisions 4 and 5
Omit the Divisions. Insert instead:
Division 4 Proceedings before the Tribunal 30 Inquiries by Tribunal
( 1 ) If in the course of an inquiry into a complaint against a registered veterinary surgeon:
(a) it appears to the Tribunal that, having regard to the matters arising during the inquiry, another complaint could have been made against the veterinary surgeon, whether instead of the complaint then being inquired into or in addition to it, and
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4
(b) the Tribunal is satisfied that the Investigating Committee has not, under section 28 (1) (a) or (b), dealt with that other complaint or a complaint that was substantially the same as that other complaint, and (c) the Tribunal is of the opinion that the other complaint is one that could have been made to the Investigating Committee in accordance with section 26, the Tribunal may itself make that other complaint and it is to be taken to have been referred to the Tribunal in accordance with section 28 (1) (c).
registered veterinary surgeon the Tribunal makes another If in the course of any inquiry into a complaint against a complaint against the veterinary surgeon under subsection ( l ) , the other complaint may be dealt with at that inquiry after such adjournment (if any) as is just and equitable in the circumstances.
31 Right to apply to Tribunal for review of orders of the
Investigating Committee
A veterinary surgeon against whom the Investigating Committee has made an order under section 28 (1) (b) may apply to the Tribunal for a review of the order.
32 Tribunal’s powers when complaint proved
(1)
If the matter of a complaint against a registered veterinary surgeon has been proved to the satisfaction of the Tribunal, the Tribunal may make any one or more of the following orders:
(a)
an order reprimanding or cautioning the veterinary surgeon,
(b)
an order suspending the veterinary surgeon from practice for a period not exceeding 12 months,
(c)
an order directing that the name of the veterinary surgeon be removed from the register of veterinary surgeons or the register of specialists,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals
(d) an order imposing a fine on the veterinary surgeon of an amount not exceeding $10,000, (e) an order imposing conditions on the registration of the veterinary surgeon with respect to the practice of veterinary science, ( f ) an order requiring the veterinary surgeon to pay specified costs relating to the hearing. Even though the matter of a complaint against a registered veterinary surgeon may have been proved to the satisfaction of the Tribunal, the Tribunal must not make an order of the kind referred to in subsection (1) (b) or (c) if the Tribunal is of the opinion that:
(a) because the matter of the complaint is of a trivial nature, or (b) because of the circumstances in which that matter occurred, or (c) for any other reason, it is in the public interest that the veterinary surgeon should be allowed to continue to practise veterinary science.
If the Tribunal considers that the matter of a complaint against a registered veterinary surgeon has not been proved to the satisfaction of the Tribunal, but the Tribunal nevertheless considers that the conduct of the veterinary surgeon was sufficiently unacceptable to warrant the making of the complaint, the Tribunal may make an order against the veterinary surgeon under subsection (1) (a) or (f), or both.
On directing the name of a person to be removed from a register, the Tribunal may fix a time after which the
the register. person may apply for restoration of the person’s name to While an order under this section suspending a person from practice remains in force, the person is taken not to be a registered veterinary surgeon.
An order under this section does not take effect until 21 days after notice of the order is given to the veterinary surgeon by the Registrar, subject to any decision of an Appeal Panel of the Tribunal on appeal under section 34.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4
Division 5 General provisions relating to disciplinary
proceedings33 Disciplinary proceedings against veterinary surgeon who
ceases to be registered
(1)
The Investigating Committee and the Tribunal may continue to deal with a complaint against a registered veterinary surgeon even though the veterinary surgeon ceases to be registered.
(2)
If the Tribunal so directs, the name of the former veterinary surgeon is taken to have been removed from the register of veterinary surgeons under the order of the Tribunal under section 32.
34 Appeal against orders of the Tribunal in its original
jurisdiction
(1) Any of the following persons may appeal against an order made under section 32 to an Appeal Panel of the Tribunal under Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997
(a) the registered veterinary surgeon or former registered veterinary surgeon against whom the order was made, (b) the person who made the original complaint, but only: (i) on a point of law, or
(ii) with respect to any penalty imposed.
(2)
Despite any contrary provision of Part 2 of Chapter 7 of the Administrative Decisions Tribunal Act 1997, the following persons may appeal to the Supreme Court under that Part against an order of an Appeal Panel made
in an appeal under subsection (1) :
(a)
the registered veterinary surgeon or former registered veterinary surgeon against whom the order was made,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals
(b)
the person who made the original complaint, but only:
(i) on a point of law, or (ii) with respect to any penalty imposed. The provisions of section 75 of the Administrative
Decisions Tribunal Act 1997 apply (subject to the rules
of the Supreme Court) in respect of the hearing of an appeal under subsection (2) in the same way as those provisions apply in respect of the hearing of a complaint by the Tribunal.
Decisions Tribunal Act 1997, the Supreme Court may, in Without limiting section 120 of the Administrative respect of the veterinary surgeon concerned:
(a) make any decision that could have been made under section 32, or (b) vary any decision made by the Appeal Panel.
35 Restoration of name to register etc
Subject to section 32 (4), any person whose name has been removed from a register by the Tribunal under section 32 may apply to have the person’s name restored to that register.
The provisions of this Act relating to applications for registration are, so far as applicable, to apply to any such application for restoration.
The Tribunal may, if it thinks fit, terminate any period of suspension imposed by the Tribunal under section 32 before the expiration of the period specified in the order of suspension.
made by the Supreme Court on an appeal, the Tribunal Subject to any order referred to in section 32 (4) that is may direct that any name removed from a register at the direction of the Tribunal under section 32 be restored to
that register.Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4
(5)
The name of any person which has been removed from a register under section 32 is not be restored to the register until the prescribed restoration fee is paid.
36 Recording of proceedings and decision of Investigating
Committee and orders of Tribunal
The Registrar of the Tribunal is to notify the Board of any orders the Tribunal makes under section 32.
The Registrar of the Board, or a person appointed by the
Registrar, is to keep a record of
(a)
all proceedings and decisions of the Investigating Committee, and
(b) all orders of the Tribunal made under section 32.
register of veterinary surgeons or, if applicable, the The Registrar of the Board is to make a notation in the register of specialists of the terms of
(a) an order of the Tribunal under section 32 or the Appeal Panel of the Tribunal in an appeal under section 34, and (b) an order of the Investigating Committee under section 28 (1) (b). [7] Section 54B Payments into Fund
Omit “or the chairperson of the Disciplinary Tribunal” from section
54B (a).
Insert instead “or the Tribunal”.[8] Section 54C Payments from Fund
Omit “Disciplinary” wherever occurring.
[9] Section 62 Proof of certain matters not required
Omit “, the Investigating Committee or the Disciplinary Tribunal”
from section 62 (a), (c) or (d) wherever occurring.
Insert instead “or the Investigating Committee”.Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 4 Amendments concerning other abolished Tribunals Section 62 (b)
Omit “ , the Investigating Committee or the Disciplinary Tribunal, or
any order of the chairperson of the Tribunal”.
Insert instead “or the Investigating Committee”.
Section 64 Service of documents on Board or Committee
Omit “ , the Investigating Committee or the Disciplinary Tribunal”
and “ , that Committee or that Tribunal” wherever occurring.
Insert instead “or the Investigating Committee” and “or thatCommittee” respectively.
Section 65 Authentication of certain documents
Omit section 65 (c).
Section 66 Recovery of charges, fines etc
Omit “or the Chairperson of the Disciplinary Tribunal” from section
66 (2).
Section 68 Liabilities of members etc
Omit “, the Investigating Committee or the Disciplinary Tribunal”.
Insert instead “or the Investigating Committee”.
Section 68
Omit “, of that Committee or that Tribunal”. Insert instead “or of that Committee”.
Section 68
Omit “Board, that Committee or that Tribunal”.
Insert instead “Board or that Committee”.
Section 68
Omit “a member of that Tribunal” where lastly occurring.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments concerning other abolished Tribunals Schedule 4 [18] Schedule 3 Provisions relating to the members of the Disciplinary Tribunal
Omit the Schedule.
Explanatory note
The amendments to the Veterinary Surgeons Act 1986 are consequential on the abolition of the Veterinary Surgeons Disciplinary Tribunal by the Administrative
Decisions Tribunal Act 1997 and the transfer of its jurisdiction to the
Administrative Decisions Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts Schedule 5 Amendments transferring the
jurisdiction of courts
(Section 3)
5.1 Adoption of Children Act 1965 No 23 [1] Section 13 Revocation or suspension of approval Omit “or subsection (3) of section 14” from section 13 (1) (c). [2] Section 14 Omit the section. Insert instead: 14 Review by Administrative Decisions Tribunal of refusal, revocation or suspension
An organisation may apply to the Administrative Decisions Tribunal for a review of any of the following decisions of the Director-General:
a decision to refuse an application of the
organisation under section 10, ora decision to approve of such an application subject to additional conditions or requirements referred to in section 11 (3), or
a decision to revoke or suspend the approval of the organisation as a private adoption agency in accordance with the provisions of section 13.
Item [2] amends the Adoption of Children Act 1965 to confer on the Administrative Decisions Tribunal jurisdiction to review certain decisions of the Director-General of the Department of Community Services concerning the approval of charitable organisations as private adoption agencies that are presently appealable to the Supreme Court. Item [1 ] makes a consequential amendment. Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 Animal Research Act 1985 No 123
Section 17 Definitions
Omit the definition of appeal from section 17 (1).
Section 20 Determination of applications
Omit section 20 (4). Insert instead:
(4)
If, at the expiration of 90 days after an application has been made, the Director-General has failed to determine the application, the Director-General is, for the purposes only of any appeal or any application for review by the Administrative Decisions Tribunal, taken to have refused to accredit the applicant as a research establishment.
Section 24 Determination of complaints
Omit section 24 (4). Insert instead:
(4)
The cancellation or suspension of accreditation of a research establishment takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the establishment, subject to any order made by the Administrative Decisions Tribunal
Section 31 Determination of applications Administrative Decisions Tribunal Act 1997. under Division 2 of Part 3 of Chapter 5 of the Omit section 31 (4). Insert instead:
(4)
If, at the expiration of 90 days after an application has been made, the Director-General has failed to determine the application, the Director-General is, for the purposes only of any application for a review by the Administrative Decisions Tribunal, taken to have refused to grant a licence to the applicant.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts [5] Section 36 Determination of complaints
Omit section 36 (4). Insert instead:
(4) The cancellation or suspension of a licence takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the licence, subject to any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997.
[6] Section 39 Determination of applications
Omit section 39 (4). Insert instead:
(4) If, at the expiration of 90 days after an application has been made, the Director-General has failed to determine the application, the Director-General is, for the purposes only of any application for review to the Administrative Decisions Tribunal, taken to have refused to grant a licence to the applicant.
[7] Part 4, Division 6
Omit the Division. Insert instead:
Division 6 Reviews by the Administrative Decisions
Tribunal45 Applications to Administrative Decisions Tribunal for review of determination
Any person who is dissatisfied with a determination of the Director-General under this Part may apply to the Administrative Decisions Tribunal for a review of the determination.
Explanatory note
Item [7] amends the Animal Research Act 1985 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Agriculture concerning accreditation and licensing that are presently appealable to the District Court.
The other items make consequential amendments.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 5.3 Apiaries Act 1985 No 16 [1] Section 8 Grant or refusal of application for registration Omit section 8 (8). Insert instead:
(8) If an application made under section 7 is refused, the
registrar must:
(a)
give the applicant a notice in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative
Decisions Tribunal Act 1997, and
(b) immediately refund to the applicant the registration fee that accompanied the application.
[2] Section 11 Renewal of registration
Omit section 11 (1) . Insert instead:
(1) If an application for the renewal of the registration of a
beekeeper is refused, the registrar must:
(a)
give the applicant a notice in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative
Decisions Tribunal Act 1997, and
(b) immediately refund to the applicant the registration fee that accompanied the application.
[3] Section 12 Cancellation of registration
Omit section 12 (1) . Insert instead:
(11) A decision of the registrar under subsection (3) or (5)
does not take effect:
(a) until the period prescribed by or under the Administrative Decisions Tribunal Act 1997 within
which an application to the Administrative Decisions Tribunal may be made has expired, or
(b)
if any such application is made within that period, until the application is determined or is withdrawn.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts [4] Section 18 Power of Director-General to restrict beekeeping on certain premises
Omit section 18 (9).
[5] Part 6
Omit the Part. Insert instead:
Part 6 Reviews by the Administrative Decisions
Tribunal35 Applications for review
(1)
A person aggrieved by any of the following decisions may apply to the Administrative Decisions Tribunal for a review of the decision:
(a)
a decision of the registrar in refusing an application by that person for registration as a beekeeper,
(b)
a decision of the registrar in refusing an application for the renewal of that person’s registration as a beekeeper,
(c)
a decision of the registrar under section 12 (3) or (4) to cancel that person’s registration,
(d)
a decision of the registrar under section 12 (3) or (5) declaring that person to be disqualified from being a director of a corporation that is a registered beekeeper,
(e)
any direction given or action taken by an inspector under section 17 or 24 (5) or (6),
(f)
the action of an inspector in seizing and detaining bees, beehives, apiary products or appliances under a provision of Division 2 of Part 4 and seeks the return of those bees, beehives, apiary products or appliances,
(g)
the action of an inspector under section 25 refusing to allow bees, beehives, apiary products or appliances to be brought into New South Wales,
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(h) in relation to Part 5:
(i)
a decision of the Director-General to refuse a claim for compensation under Part 5,
(ii)
a decision of the Director-General to award compensation under that Part on the ground that the amount of compensation awarded is inadequate,
(iii)
a determination of the market value of any queen bees made for the purpose of section 31 (1) on the ground that that value is less than the true market value of the bees.
(2)
A person who is the occupier of, or otherwise has an interest in, premises in respect of which the Director-General has made an order under section 18 who is aggrieved by that order may apply to the Administrative Decisions Tribunal for a review of that order.
Section 38 General powers of inspection Omit section 38 (9). Insert instead:
(9) If
(a)
no application for the review of a seizure of bees, beehives, apiary products or appliances carried out in accordance with a provision of this Act is made under section 35 within the period prescribed by or under the Administrative Decisions Tribunal
Act 1997 for making applications under that
section, or
(b)
such an application is made within that period but is subsequently withdrawn, or
(c)
such an application is made within that period but, on the hearing of the application, the action of the inspector in seizing those bees, beehives, apiary products or appliances is affirmed,
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts the bees, beehives, apiary products or appliances must:
(a) at the expiry of that period, or (b) on the withdrawal of the application, or (c)
on the decision of the Administrative Decisions Tribunal in respect of the application being notified to the applicant,
be forfeited to the Crown and is to be disposed of in such
manner as the Director-General thinks fit.
Explanatory note
Item [5] amends the Apiaries Act 1985 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the registrar of beekeepers, inspectors and the Director-General of the Department of Agriculture that are presently appealable to a Local Court.
The other items make consequential amendments.
5.4 Births, Deaths and Marriages Registration Act 1995
No 62Section 56 Omit the section. Insert instead: 56 Review by the Administrative Decisions Tribunal A person who is dissatisfied with a decision of the Registrar made in the exercise or purported exercise of functions under this Act may apply to the Administrative Decisions Tribunal for a review of the decision.
Explanatory note
The amendment to the Births, Deaths and Marriages Registration Act 1995 confers jurisdiction on the Administrative Decisions Tribunal to review decisions of the Registrar of Births, Deaths and Marriages under the Act that are presently appealable to the District Court.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 5.5 Charitable Fundraising Act 1991 No 69 Part 4 Omit the Part. Insert instead:
Part 4 Reviews by Administrative Decisions
Tribunal42 Review of refusal to grant authority or against conditions imposed on authority
An applicant for an authority who is dissatisfied with any decision of the Minister with respect to the application may apply to the Administrative Decisions Tribunal for a review of the decision.
43 Review of revocation of authority
A person or organisation whose authority is revoked may apply to the Administrative Decisions Tribunal for a review of the revocation.
44 Review of variation of authority
A person or organisation that holds an authority may apply to the Administrative Decisions Tribunal for a review of any variation of the conditions attached to the authority.
45 Determination of applications
The Administrative Decisions Tribunal, in determining a review under this Act, is to inquire into and decide the application having regard to the provisions of this Act and the public interest.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts 5.18 Impounding Act 1993 No 31 Part 6 Omit the Part. Insert instead:
Part 6 Applications to Administrative Decisions
Tribunal38 Owner of impounded item can apply to Administrative Decisions Tribunal for review
The owner of an impounded item may apply to the Administrative Decisions Tribunal for a review of the decision to impound the item, but only on the ground that the impounding of the item was unlawful.
The owner of an impounded item may apply to the Administrative Decisions Tribunal for a review of any fee or charge required to be paid for the release of the item (whether to an impounding authority or an occupier of private land), but only on the ground that the fee or charge has been improperly charged or incorrectly calculated or is excessive.
An application cannot be made under this section until the owner of the impounded item has given the impounding authority or occupier concerned notice in writing of intention to apply to the Administrative Decisions Tribunal.
If notice of intention to apply to the Administrative Decisions Tribunal is given, the authority must not sell or otherwise dispose of the impounded item until the time limit for an application has expired or until it has been notified that any application made has been refused or withdrawn.
This section does not affect section 22 (Injured, diseased or distressed animals can be destroyed).
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(6)
An impounding authority may release an impounded item pending the determination of an application. The release of an impounded item does not affect any right of recovery that the impounding authority may have under this Act.
39 Time limit for applications
Despite the provisions of the Administrative Decisions Tribunal Act 1997, the time limit for an application is:
(a)
28 days from the date of impounding, in the case of an application for a review of the impounding decision, or
(b)
28 days from the date on which application was made for the release of the impounded item, in the case of an application for a review of an impounding fee.
40 Result of application to Administrative Decisions
Tribunal
(1)
If an application for a review of an impounding decision is dismissed, the applicant is liable for any additional impounding fees incurred up to the time the impounding authority is notified of the decision on the application.
(2)
If an application for a review of an impounding results in the impounding decision being set aside, the impounding authority must release the impounded item free of all impounding fees and convey it to the applicant at the expense of the authority.
Explanatory note
The amendment to the Impounding Act 1993 confers jurisdiction on the Administrative Decisions Tribunal to review certain decisions to impound or impose fees for the release of impounded items that are presently appealable to a Local Court.
Administrative Decisions Legislation Amendment Act 1997 No 7 7
Schedule 5 Amendments transferring the jurisdiction of courts 5.19 Local Government Act 1993 No 30 [1] Section 303 Making of claims for inclusion in the roll Omit section 303 (3). Insert instead:
(3) A person dissatisfied with the decision of the Electoral Commissioner or general manager may apply to the Administrative Decisions Tribunal for a review of the decision.
[2] Section 303 (4)
Omit “on an appeal”.
Insert instead “on an application to the Administrative Decisions
Tribunal” .[3] Section 437
Omit the section. Insert instead:
437 Applications for review by Administrative Decisions
Tribunal
(1)
A person who is surcharged under this Division may apply to the Administrative Decisions Tribunal for a review of the decision to surcharge.
(2) The council must give effect to any decision of the
Tribunal on a review of the decision to surcharge.
Explanatory note
Item [1 ] amends the Local Government Act 1993 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Electoral Commissioner or a general manager of a council concerning various electoral rolls that are presently appealable to a Local Court. Item [2] makes an amendment that is consequential to the amendment made by item [1].
Item [3] amends the Act to confer jurisdiction on the Administrative Decisions Tribunal to review decisions to surcharge by Departmental representatives that are presently appealable to the District Court.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 5.20 Non-Indigenous Animals Act 1987 No 166 Section 20 Omit the section. Insert instead: 20 Applications for review by Administrative Decisions
Tribunal
(1)
A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:
(a)
a decision refusing the person’s application for a licence or renewal of a licence, or for a permit,
(b)
a decision imposing any condition on the person’s licence or permit that the person considers unreasonable,
(c) a decision cancelling the person’s licence or
permit .
(2)
Despite the provisions of Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997, if an application for a review of a decision referred to in subsection (1) is made to the Tribunal, the cancellation or expiry of the licence or the imposition of the condition (as the case may be) is stayed by lodgment of the application, pending its outcome.
Explanatory note
The amendment to the Non-Indigenous Animals Act 1987 confers jurisdiction on the Administrative Decisions Tribunal to review certain decisions concerning licences and permits under the Act that are presently appealable to a Local Court.
5.21 Nursing Homes Act 1988 No 124 [1] Section 31 Cancellation of licence with notice Omit section 31 (4). Insert instead:
(4)
The cancellation of a licence under this section does not take effect until the expiration of 14 days after notice of the Secretary’s decision is given to the licensee, subject
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts to any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the
Administrative Decisions Tribunal Act 1997.
[2] Section 32
Omit the section. Insert instead:
32 Applications for review by the Administrative Decisions
Tribunal
The licensee of a nursing home may apply to the Administrative Decisions Tribunal for a review of a decision of the Secretary to cancel the licence for the nursing home (except under section 30).
Explanatory note
Item [2] amends the Nursing Homes Act 1988 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Health (formerly the Secretary) concerning the licensing of nursing homes that are presently appealable to the District Court. Item [ l ] makes a consequential amendment.
5.22 Passenger Transport Act 1990 No 39 [1] Section 47 Omit the section. Insert instead: 47 Effect of notification of decisions of the Director-General
(1)
If the Director-General makes a decision that is able to be reviewed under this Part, it is the duty of the Director-General to cause any person entitled to request the review, or to lodge the application with the Administrative Decisions Tribunal for a review:
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(a) in the case of a person entitled to lodge an application with the Tribunal- to be given notice that is in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997 and a statement of reasons
setting out the matters specified by section 49 (3)
of that Act, or(b) in other cases-to be notified in writing of the fact of the decision and of the reasons for it.
(2) If the Director-General makes a decision that is able to be reviewed under this Part, any such decision has effect from the time the notice is given and continues in effect unless rescinded by the Director-General or by the Administrative Decisions Tribunal determining an application under Division 3. (3) A notice given under this section is a sufficient notice for the purposes of section 48 of the Administrative Decisions Tribunal Act 1997.
[2] Part 5, Division 3
Omit the Division. Insert instead:
Division 3 Reviews by Administrative Decisions
Tribunal52 Applications to Administrative Decisions Tribunal
(1)
Any person whose application under Part 2 has been refused, or whose accreditation or authority has been varied, suspended or cancelled may apply to the Administrative Decisions Tribunal for a review of the refusal, variation, suspension or cancellation.
(2)
If, on an application to the Administrative Decisions Tribunal by a driver employed by the State Transit Authority whose authority has been varied, suspended or cancelled, the Administrative Decisions Tribunal is
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments’ transferring the jurisdiction of courts satisfied that another dispute pending before the Transport Appeals Board involves substantially the same issues, it may remit the application for hearing by that Board. In that event, the Transport Appeals Board has jurisdiction to hear and determine the application as if it were the Administrative Decisions Tribunal.
(3) A person aggrieved by a decision of the
Director-General:
(a)
to refuse to issue or transfer a licence to the person, or
(b) to suspend or cancel the person’s licence, or (c)
with respect to the conditions imposed on the person’s licence, or any variation or proposed variation of them,
may apply to the Administrative Decisions Tribunal for a
review of the decision.
(4) A person aggrieved by a decision of the Director-General with respect to a network referred to in section 41, or by the refusal of an application under that section, may apply to the Administrative Decisions Tribunal for a review of the decision.
Explanatory note
Item [2] amends the Passenger Transport Act 1990 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Transport concerning accreditation of drivers and operators and the issuing of authorities to drivers that are presently appealable to a Local Court.
Item [ l ] makes a consequential amendment.
5.23 Plant Diseases Act 1924 No 38 [1]
Section 21 Power to destroy plants in an abandoned orchard or nursery
Omit section 21 (2) and (3). Insert instead:
(2)
Any person aggrieved by a decision of the Minister under subsection (1) may apply to the Administrative Decisions Tribunal for a review of the decision.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(3) A decision of the Tribunal made in proceedings determining an application made under subsection (2) is not an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997. (4) After the end of the period prescribed by or under the Administrative Decisions Tribunal Act I997 within which an application may be made under subsection (2) for a review of a decision in relation to an orchard or nursery, the Minister may cause an inspector to destroy all plants within the orchard or nursery that in the inspector’s opinion are likely to harbour or spread diseases or pests, but only if:
(a) such an application has not been made within that period, or (b) if such an application has been made within that period-the application has been dismissed or withdrawn or the decision otherwise affirmed. (5) Costs incurred in exercising the power conferred by subsection (4) are recoverable in a court of competent jurisdiction as a debt due to the Crown from the owner of the orchard or nursery concerned, or, if the orchard or nursery is not occupied by its owner, from the occupier of the orchard or nursery.
[2] Section 28 Regulations
Omit section 28 (1) (g). Insert instead:
(g)
the conferring on a person liable to pay fees under this Act of a right to apply to the Administrative Decisions Tribunal for a review of a decision in respect of the withdrawal of credit facilities from, or the refusal to extend such facilities to, that person in relation to the payment of those fees.
Explanatory note
Item [1] amends the Plant Diseases Act 1924 to confer jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Agriculture concerning the destruction of plants in an abandoned orchard or nursery that are presently appealable to a Local Court.
Item [2] makes a consequential amendment.Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts 5.24 Private Hospitals and Day Procedure Centres Act 1988
No 123[1] Section 34 Cancellation of licence with notice Omit section 34 (4). Insert instead:
(4) The cancellation of a licence under this section does not take effect until the expiration of 14 days after notice of the Secretary’s decision is given to the licensee, subject to any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997.
[2] Section 35
Omit the section. Insert instead:
35 Right to apply to Administrative Decisions Tribunal for
review
The licensee of an establishment may apply to the Administrative Decisions Tribunal for a review of a decision of the Secretary to cancel the licence for the establishment (except under section 33).
Explanatory note
Item [2] amends the Private Hospitals and Day Procedure Centres Act 1988 to
confer jurisdiction on the Administrative Decisions Tribunal to review certain
decisions of the Director-General of the Department of Health (formerly the
Secretary) concerning the cancellation of licences for establishments that are
presently appealable to the District Court.Item [1] makes a consequential amendment.
5.25 Public Health Act 1991 No 10 [1] Section 3 Definitions Insert in alphabetical order in section 3 (1): Tribunal means the Administrative Decisions Tribunal
established by the Administrative Decisions Tribunal Act
1997.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 [2] Section 21 Definitions
Omit the definition of appropriate court. Insert instead:
appropriate reviewer, in relation to a public health order,
means:
(a) if the order relates to a Category 5 medical condition and there has been no application to the Tribunal for its continuation-the Tribunal (as
constituted for the purposes of section 25), or
(b) in any other case-the Tribunal (as constituted for the purposes of section 26).
[3] Section 21, definition of “proceeding”
Omit “appeal”. Insert instead “application to the Tribunal”.
[4] Part 3, Division 6 Public health orders-Categories 4 and 5
Omit “appropriate court” wherever occurring (except in section 21).
Insert instead “appropriate reviewer”.[5] Section 24 Duration of public health order
Omit section 24 (1). Insert instead:
(1) A public health order that relates to a Category 5 medical
condition ceases to have any effect if:
(a)
the person subject to the order is not, within 3 business days after service on the person of the order, also served with a copy of an application made to the Tribunal for confirmation of the order under section 25, or
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts
(b) such an application is made and the Tribunal revokes the order under section 25, or (c) the order expires before it is confirmed or revoked by the Tribunal under section 25, or (d) the order expires before or after an application to continue the order is made to the Tribunal under section 26.
[6] Sections 25 and 26
Omit the sections. Insert instead:
25 Tribunal to review certain public health orders
(1)
An application may be made to the Tribunal for confirmation of a public health order based on a Category 5 medical condition.
(2)
The Tribunal is, as soon as practicable, to inquire into the circumstances surrounding the making of the order and:
(a)
if satisfied that the making of the order was justified-is to confirm the order or vary the order and confirm it as varied, or
(b) if not so satisfied-is to revoke the order. (3) The Tribunal may vary the order only by:
(a)
adding a requirement that could have been included in the order when made, or
(b)
substituting any such requirement for any one or more of them already included in the order.
(4) The Tribunal may, from time to time, adjourn an inquiry
under this section for not more than 7 days.(5) For the purposes of an inquiry under this section, the
Tribunal may:
(a)
obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and
(b)
take into account a certificate given by such a person.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(6)
A decision of the Tribunal made in proceedings determining an application under this section is an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997.
26 Tribunal may continue public health order
An authorised medical practitioner may, before the expiration of a public health order, apply to the Tribunal for continuation of an order i f :
(a) the order is based on a Category 4 medical condition, or (b) the order is based on a Category 5 medical condition and has been confirmed by the Tribunal under section 25. An application for continuation of a public health order may be made under this section only if the applicant is satisfied, on reasonable grounds, that the person to whom the order relates would, if not subject to such an order, continue to endanger the health of the public as a consequence of suffering from a Category 4 or Category 5 medical condition.
If continuation of a public health order is applied for under this section and the person subject to the order notifies the Tribunal that continuation of the order is not opposed, the Tribunal may, without inquiry, continue the
order for a period not exceeding 6 months. Unless the order is continued under subsection (3), the Tribunal is to make such inquiries as it thinks fit in relation to the application and may:
(a) continue the order, with or without variation, for a period not exceeding 6 months, or (b) refuse to continue the order, or (c) revoke the order.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts
(5) The Tribunal may vary the order only by:
(a) omitting a requirement included in the order, or (b) adding a requirement that could have been included in the order when made, or (c) substituting any such requirement for any one or more of them already included in the order. (6) For the purposes of an inquiry under this section, the
Tribunal may:
(a) obtain the assistance of any person having medical or other qualifications relevant- to the subject-matter of the inquiry, and (b) take into account a certificate given by such a person.
[7] Section 30 Action following apprehension or surrender
Omit “court” from section 30 (1) where lastly occurring.
Insert instead “reviewer”.[8] Section 32 Restriction on making of further public health order
Omit section 32 (1) (a) and (b). Insert instead:
(a) the order was revoked by the Tribunal under section 25 or 26, by an authorised medical practitioner under section 31 or on an appeal against the order, or (b) the Tribunal has refused under section 26 to continue the order.
[9] Part 3, Division 8
Omit the Division. Insert instead:
Division 8 Other applications to Administrative
Decisions Tribunal40 Applications to Tribunal for review of action or direction of Minister
An application may be made to the Tribunal for a review of any of the following decisions:
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5
(a)
any action taken by the Minister under section 5 other than the giving of a direction by an order published under that section, or
(b) any direction given by an order so published.
41 Applications to Tribunal for review of public health order
relating to Category 4 medical condition
An application may be made to the Tribunal for a review of a public health order that is based on a Category 4 medical condition.
[10] Section 82 Regulations
Omit section 82 (2) (b).
Explanatory note
Items [6] and [9] amend the Public Health Act 1991 to transfer functions in relation to the making of public health orders presently exercised by the Local Court and District Court to the Tribunal.
The other items make consequential amendments.
5.26 Rail Safety Act 1993 No 50 Section 44 Omit the section. Insert instead: 44 Application to Administrative Decisions Tribunal for review of decision of Director-General or authorised agent
A person aggrieved by a decision of the Director-General or an authorised agent under Division 3 or 4 may apply to the Administrative Decisions Tribunal for a review of the decision.
Explanatory note
The amendment to the Rail Safety Act 1993 confers jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Transport or an authorised agent concerning accreditation and certification that are presently appealable to the Supreme Court.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts 5.27 Stock (Artificial Breeding) Act 1985 No 196 Section 24 Omit the section. Insert instead: 24 Applications to Administrative Decisions Tribunal
A person aggrieved by any of the following decisions may apply to the Administrative Decisions Tribunal for a review of the decision:
(a)
the refusal of an application for the issue, renewal, variation or transfer of, or by the suspension or cancellation by the Director-General of, any authority, or
(b)
the terms or conditions specified in or imposed by the Director-General on any authority or by the variation by the Director-General of any such term or condition, otherwise than with the written consent of the licensee.
Explanatory note
The amendment to the Stuck (Artificial Breeding) Act 1985 confers jurisdiction on the Administrative Decisions Tribunal to review certain decisions of the Director-General of the Department of Agriculture concerning authorities that are presently appealable to a Local Court.
5.28 Tow Truck Act 1989 No 158 [1] Section 24 Notice of refusal Omit section 24 (3). Insert instead:
(3)
If, at the expiration of 90 days after an application for a licence or drivers certificate or for the amendment of a licence is made, the Council has failed to determine the application, the Council is to be taken, for the purposes of an application to the Administrative Decisions Tribunal under section 25, to have refused the application concerned.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 Section 25 Omit the section. Insert instead: 25 Applications to Administrative Decisions Tribunal
(1) An applicant for a licence or drivers certificate, or an amendment of a licence, may apply to the Administrative Decisions Tribunal for a review of the refusal of the Council to grant the application. (2) The holder of a licence or drivers certificate amended by the Council (other than in accordance with the person’s application) may apply to the Administrative Decisions Tribunal for a review of the amendment.
[3] Sections 53–55
Omit the sections. Insert instead:
53 Application to Administrative Decisions Tribunal for review of disciplinary action
A defendant aggrieved by a determination of the Council under section 50 may apply to the Administrative Decisions Tribunal for a review of the determination.
[4] Section 70 Procedures on appeal
Omit the section.
Explanatory note
Item [2] amends the Tow Truck Act 1989 to confer jurisdiction on the Administrative Decisions Tribunal to review decisions of the Tow Truck Industry Council concerning the issue of, or amendment to, licences under that Act that are presently appealable to a Local Court.
Item [3] amends the Act to confer jurisdiction on the Administrative Decisions Tribunal to review decisions of the Tow Truck Industry Council concerning disciplinary determinations that are presently appealable to a Local Court.
The other items make consequential amendments.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 5 Amendments transferring the jurisdiction of courts 5.29 Youth and Community Services Act 1973 No 90 [1] Section 3A Declaration of residential centres Omit section 3A (2)–(7). Insert instead:
(2) An owner, an occupier or a lessee of any premises in respect of which an order made under subsection (1) is in force may apply to the Administrative Decisions Tribunal for a review of the declaration of those premises as a residential centre for handicapped persons. (3) An application under subsection (2) may be made only
on the grounds:
(a) that the premises to which the declaration relates are not being used as a place of residence for 2 or more handicapped persons, or (b) that all of the handicapped persons residing at those premises reside there with a relative of them who is of or above the age of 18 years but is not a handicapped person. (4) Subsection (3) applies despite the provisions of section 63 ( 1) or (2) of the Administrative Decisions Tribunal Act 1997.
[2] Section 24
Omit the section. Insert instead:
24 Application to Administrative Decisions Tribunal for a
review of a suspension or revocation of licence
If the Director-General has, under section 18 (3), suspended or revoked a licence, the licensee or former licensee (as the case may be) may apply to the Administrative Decisions Tribunal for a review of the suspension or revocation of his or her licence unless the licence was suspended or revoked at the request of the licensee or former licensee.
Administrative Decisions Legislation Amendment Act 1997 No 77
Amendments transferring the jurisdiction of courts Schedule 5 Explanatory note
Item [1] amends the Youth and Community Services Act 1973 to confer jurisdiction on the Administrative Decisions Tribunal to review declarations that certain premises are residential centres for handicapped persons that are presently appealable to the District Court.
Item [2] amends the Act to confer jurisdiction on the Administrative Decisions Tribunal to review decisions of the Director-General of the Department of Community Services concerning licensing that are presently appealable to the District Court.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 6 Other amendments to Acts Schedule 6 Other amendments to Acts
(Section 3)
6.1 Defamation Act 1974 No 18 [1] Section 17T Insert after section 17S: 17T Matters arising under the Administrative Decisions Tribunal Act 1997
There is a defence of absolute privilege for a publication to or by the Administrative Decisions Tribunal under the
Administrative Decisions Tribunal Act 1997 (including a
publication by that Tribunal of an official report of a decision of that Tribunal or of the reasons for that decision).
[2] Schedule 2 Proceedings of public concern and official and public documents and records
Insert after clause 2 (21):
(22) proceedings held in public of the Administrative
Decisions Tribunal.
[3] Schedule 2, clause 3 (7)
Insert after clause 3 (6):
(7)
a document that consists of a report made by Administrative Decisions Tribunal of the decision of that Tribunal in respect of any proceedings before it, and of the reasons for that decision, under the Administrative
Decisions Tribunal Act 1997.
Explanatory note
The amendments to the Defamation Act 1974 create three defences against actions for defamation in relation to publications by or in relation to the Administrative Decisions Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Other amendments to Acts Schedule 6 Item [1] creates a defence of absolute privilege in relation to publications in the course of the Tribunal’s proceedings or the publication of an official report of its proceedings or reasons for a decision.
Item [2] ensures that the publication of a report of the proceedings of the Administrative Decisions Tribunal is a protected report for the purposes of the
defence created by section 24 (Protected reports-Schedule 2) of the Act. Item [3] ensures that a report of the proceedings or reasons of the Tribunal are official documents or records for the purposes of the defence created by section 25 (Copies etc of official and public documents and records) of the Act.
6.2 lnterpretation Act 1987 No 15 Section 21 Meaning of commonly used words and expressions Insert in alphabetical order in section 21 (1): Administrative Decisions Tribunal means the Administrative Decisions Tribunal established by the
Administrative Decisions Tribunal Act 1997.
Explanatory note
The amendment to the lnterpretation Act 1987 ensures that a reference to the Administrative Decisions Tribunal in NSW legislation is read as a reference to the Tribunal established by the Administrative Decisions Tribunal Act 1997.
6.3 Judicial Officers Act 1986 No 100 [1] Section 3 Definitions Insert after paragraph (f) in the definition of judicial officer in section 3 (1):
(g) the President of the Administrative Decisions Tribunal.
[2] Section 43 Appropriate authorities to suspend etc
Insert “or the President of the Administrative Decisions Tribunal” after “member of the Commission”.
Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 6 Other amendments to Acts Explanatory note
The amendments to the Judicial Officers Act 1986 ensures that the President of the Administrative Decisions Tribunal is a judicial officer for the purposes of the making of complaints about the President and other matters under that Act.
6.4 Ombudsman Act 1974 No 68 Section 35C Insert after section 35B: 35C Referral of legal question to Administrative Decisions Tribunal for advisory opinion
( 1 )
The Ombudsman may refer to the Administrative Decisions Tribunal for the opinion of the Tribunal any legal question arising out of any decision made in the exercise of any of the functions of an agency that the Ombudsman is investigating, but only if the exercise of the function is a reviewable decision within the meaning of the Administrative Decisions Tribunal Act 1997.
(2)
On any such referral (and despite any contrary provisions of the Administrative Decisions Tribunal Act
1993, the Tribunal may hold such hearings (if any) and inform itself in such manner as it thinks appropriate for the purpose of determining the proceedings for an opinion.
(3) The decision of the Tribunal on any such referral does
not operate as a binding declaration of right.
Explanatory note
The amendment to the Ombudsman Act 1974 ensures that the Ombudsman may seek advisory opinions on certain legal questions from the Administrative Decisions Tribunal in relation to decisions that the Ombudsman is investigating and that are also reviewable by the Tribunal.
Administrative Decisions Legislation Amendment Act 1997 No 77
Other amendments to Acts Schedule 6 6.5 Public Lotteries Act 1996 No 86 Section 79A Insert after section 79: 79A Review by Administrative Decisions Tribunal of certain
decisions under this Act
A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:
(a) a decision of the Minister under section 17 (4) to take disciplinary action against the person, (b) a decision of the Minister under section 18 (1) directing the person to take action to rectify the matter that constitutes the basis for taking disciplinary action concerned. Explanatory note the Minister in relation to disciplinary action against a licensee under that Act are reviewable by the Administrative Decisions Tribunal. These decisions are presently not reviewable by any other Tribunal or appealable to a court.
6.6 Statutory and Other Offices Remuneration Act 1975
(1976 No 4)[1] Schedule 1 Public offices Insert at the end of the Schedule: President of the Administrative Decisions Tribunal.
[2] Schedule 2, Part 1 Public offices
Insert at the end of the Part:
Full-time member of the Administrative Decisions
Tribunal (other than the President of the Tribunal).
Full-time assessor of the Administrative DecisionsTribunal.
Explanatory note
The amendments to the Statutory and Other Offices Remuneration Act 1975
ensure that full-time members of the Tribunal have their remuneration determined
under that Act.
Administrative Decisions Legislation Amendment Act 1997 No 77
Notes
Notes
Acts amended by Schedules 1–6
Adoption Information Act 1990 No 63—Sch 1.1
Adoption of Children Act 1965 No 23—Sch 1.2, Sch 5.1
Animal Research Act 1985 No 123—Sch 5.2
Anti-Discrimination Act 1977 No 48—Sch 2.1
Apiaries Act 1985 No 16—Sch 5.3
Births, Deaths and Marriages Registration Act 1995 No 62—Sch 5.4
Boxing and Wrestling Control Act 1986 No 11—Sch 4.1
Charitable Fundraising Act 1991 No 69—Sch 5.5
Children (Care and Protection) Act 1987 No 54—Sch 1.3City of Sydney Act 1988 No 48—Sch 5.6
| Commonwealth Powers (Family Law—Children) Act 1986 No 182— Sch 1.4 Commonwealth Powers (Family Law—Children) Amendment Act 1996 No 60—Sch 1.5 Community Services (Complaints, Appeals and Monitoring) Act 1993 NO 2—Sch 1.6 Community Welfare Act 1987 No 52—Sch 1.7 Conveyancers Licensing Act 1995 No 57—Sch 3.1 Dairy Industry Act 1979 No 208—Sch 5.7 Defamation Act 1974 No 18—Sch 1.8, Sch 2.2, Sch 3.2, Sch 6.1 Disability Services Act 1993 No 3—Sch 1.9 Dog Act 1966 NO 2—Sch 5.8 Education Reform Act 1990 No 8—Sch 4.2 Employment Agents Act 1996 No 18—Sch 5.9 Entertainment Industry Act 1989 No 230—Sch 5.10 Factories, Shops and Industries Act 1962 No 43—Sch 5.11 Fertilizers Act 1985 No 5—Sch 5.12 Firearms Act 1996 No 46—Sch 5.13 |
Administrative Decisions Legislation Amendment Act 1997 No 77
Notes
Fisheries Management Act 1994 No 38—Sch 5.14
Food Act 1989 NO 231—Sch 5.15
Freedom of Information Act 1989 No 5—Sch 5.16
Guardianship Act 1987 No 257—Sch 1.l0
Home Care Service Act 1988 No 6—Sch 1.11
Horticultural Stock and Nurseries Act 1969 No 3—Sch 5.17
Impounding Act 1993 No 31—Sch 5.18
Industrial Relations Act 1996 No 17—Sch 2.3
Interpretation Act 1987 No 15—Sch 6.2
Judicial Officers Act 1986 No 100—Sch 6.3
Legal Profession Act 1987 No 109—Sch 3.3
Local Government Act 1993 No 30—Sch 5.19
Non-Indigenous Animals Act 1987 No 166—Sch 5.20
Nursing Homes Act 1988 No 124—Sch 5.21
Ombudsman Act 1974 No 68—Sch 6.4
Passenger Transport Act 1990 No 39—Sch 5.22
Plant Diseases Act 1924 No 38—Sch 5.23
Private Hospitals and Day Procedure Centres Act 1988 No 123—Sch 5.24
Public Health Act 1991 No 10—Sch 5.25
Public Lotteries Act 1996 No 86—Sch 6.5
Rail Safety Act 1993 No 50—Sch 5.26
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Sch 1.12,
Sch 6.6Stock (Artificial Breeding) Act 1985 No 196—Sch 5.27
TOW Truck Act 1989 NO 158—Sch 5.28 Veterinary Surgeons Act 1986 No 55—Sch 4.3
Youth and Community Services Act 1973 No 90—Sch 5.29
[Minister’s second reading speech made in—
Legislative Assembly on 29 May 1997 Legislative Council on 27 June 1997]
0
0
0