Administrative Decisions Review Regulation 2019 (NSW)

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Administrative Decisions Review Regulation 2019

[2019-380]

Status information

Currency of version
Current version for 16 August 2019 to date (accessed 28 August 2019 at 22:40)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2024

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 16 August 2019.

Administrative Decisions Review Regulation 2019

[2019-380]

Contents

Administrative Decisions Review Regulation 2019

1 Name of Regulation

This Regulation is the Administrative Decisions Review Regulation 2019.

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.
Note.
This Regulation repeals and replaces the Administrative Decisions Review Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definition

(1) In this Regulation—
the Act means the Administrative Decisions Review Act 1997.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.

4 Administratively reviewable decisions excluded from requirement to provide reasons

For the purposes of section 49 (4) (a) of the Act, a decision to make a finding or to take action of a kind referred to in section 33 of the Building Professionals Act 2005 is excluded from the application of section 49 of the Act.

5 Administratively reviewable decisions excluded from internal review

For the purposes of section 53 (11) (b) of the Act, the administratively reviewable decisions specified in the Table to this clause are excluded from the application of section 53 of the Act.
Table
Enabling legislation
Excluded decision
Anti-Discrimination Act 1977
A decision referred to in section 126A (6) of that Act.
Architects Act 2003
A decision referred to in section 31 or 44 of that Act.
Building Professionals Act 2005
Each of the following decisions—
(a)  a decision referred to in section 18 (b) or (d) of that Act,
(b)  a decision referred to in section 18 (c) of that Act in the circumstances referred to in clause 2 (1) of Schedule 4 to the Building Professionals Regulation 2007,
(c)  a decision referred to in section 18 (e) of that Act, but only if—
(i)  the decision is made in the circumstances referred to in clause 2 (1) of Schedule 4 to the Building Professionals Regulation 2007, or
(ii)  the decision relates to the renewal of the person’s certificate of accreditation, or
(iii)  the decision is made under section 9 (2) of that Act,
(d)  a decision referred to in section 18 (f) of that Act (but only if the decision is made on a ground set out in section 8 (2)(c), (d), (e) or (f) of that Act),
(e)  a decision to make a finding or to take action of a kind referred to in section 33 of that Act.
Fair Trading Act 1987
A decision referred to in section 79A (8) of that Act.
Gaming and Liquor Administration Regulation 2016
A decision in relation to an application referred to in clause 7 of that Regulation.
Legal Profession Act 2004
A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Act.
Legal Profession Uniform Law (NSW)
A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Law.
Surveying and Spatial Information Act 2002
A decision referred to in section 14 of that Act.
Tow Truck Industry Act 1998
A decision referred to in section 45 of that Act involving the exercise of a function conferred on the Secretary of the Department of Finance, Services and Innovation under Division 4 of Part 3 of that Act.
Veterinary Practice Act 2003
A decision referred to in section 34, 48 or 75 of that Act.

6 Repeal and saving

(1) The Administrative Decisions Review Regulation 2014 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Administrative Decisions Review Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Administrative Decisions Review Regulation 2019 (380). LW 16.8.2019. Date of commencement, on publication on LW, cl 2.

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Administrative Decisions Review Regulation 2019 (NSW)

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Enabling legislation	Excluded decision
Anti-Discrimination Act 1977	A decision referred to in section 126A (6) of that Act.
Architects Act 2003	A decision referred to in section 31 or 44 of that Act.
Building Professionals Act 2005	Each of the following decisions— (a) a decision referred to in section 18 (b) or (d) of that Act, (b) a decision referred to in section 18 (c) of that Act in the circumstances referred to in clause 2 (1) of Schedule 4 to the Building Professionals Regulation 2007, (c) a decision referred to in section 18 (e) of that Act, but only if— (i) the decision is made in the circumstances referred to in clause 2 (1) of Schedule 4 to the Building Professionals Regulation 2007, or (ii) the decision relates to the renewal of the person’s certificate of accreditation, or (iii) the decision is made under section 9 (2) of that Act, (d) a decision referred to in section 18 (f) of that Act (but only if the decision is made on a ground set out in section 8 (2)(c), (d), (e) or (f) of that Act), (e) a decision to make a finding or to take action of a kind referred to in section 33 of that Act.
Fair Trading Act 1987	A decision referred to in section 79A (8) of that Act.
Gaming and Liquor Administration Regulation 2016	A decision in relation to an application referred to in clause 7 of that Regulation.
Legal Profession Act 2004	A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Act.
Legal Profession Uniform Law (NSW)	A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Law.
Surveying and Spatial Information Act 2002	A decision referred to in section 14 of that Act.
Tow Truck Industry Act 1998	A decision referred to in section 45 of that Act involving the exercise of a function conferred on the Secretary of the Department of Finance, Services and Innovation under Division 4 of Part 3 of that Act.
Veterinary Practice Act 2003	A decision referred to in section 34, 48 or 75 of that Act.