Administrative Decisions Tribunal (General) Amendment (Further Exclusions) Regulation 2007 (NSW)

2007 No 82

New South Wales

Administrative Decisions Tribunal

(General) Amendment (Further

Exclusions) Regulation 2007

under the

Administrative Decisions Tribunal Act 1997

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Administrative Decisions Tribunal Act 1997.

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Administrative Decisions Tribunal (General)

Regulation 2004 so that:

(a)	certain decisions under the Building Professionals Act 2005 and the Building Professionals Regulation 2007 are excluded from the operation of section 53 of the Administrative Decisions Tribunal Act 1997 (section 53 provides for decisions to be subject to internal review), and
(b)	certain decisions under the Building Professionals Act 2005 are excluded from the operation of section 49 of the Administrative Decisions Tribunal Act 1997 (section 49 allows an interested person to make a request for the reasons for the decision).

This Regulation is made under the Administrative Decisions Tribunal Act 1997, including sections 49, 53 and 145 (the general regulation-making power).

Published in Gazette No 33 of 23 February 2007, page 954	Page 1
2007 No 82	Administrative Decisions Tribunal (General) Amendment (Further
Clause 1	Exclusions) Regulation 2007

Administrative Decisions Tribunal (General)

Amendment (Further Exclusions) Regulation 2007

under the

Administrative Decisions Tribunal Act 1997

1      Name of Regulation

This Regulation is the Administrative Decisions Tribunal (General)
Amendment (Further Exclusions) Regulation 2007.

2      Commencement

This Regulation commences on 1 March 2007.

3 Amendment of Administrative Decisions Tribunal (General) Regulation 2004

The Administrative Decisions Tribunal (General) Regulation 2004 is amended as set out in Schedule 1.

Administrative Decisions Tribunal (General) Amendment (Further	2007 No 82
Exclusions) Regulation 2007
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Part 5, heading

Omit the heading. Insert instead:

Part 5 Reviewable decisions

[2]      Clause 10A

Insert before clause 11:

10A Reviewable decisions excluded from requirement to provide
reasons for decision under section 49 of the Act

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.

[3]      Clause 11 Reviewable decisions excluded from internal review under section 53 of the Act

Insert before clause 11 (d):

(c2)

a decision referred to in section 18 (b) of the Building
Professionals Act 2005,

(c3)

a decision referred to in section 18 (c) of the Building Professionals Act 2005 made in the circumstances referred to in clause 2 (1) of Schedule 4 to the Building Professionals Regulation 2007,

(c4)

a decision referred to in section 18 (d) of the Building
Professionals Act 2005,

(c5)

a decision referred to in section 18 (e) of the Building
Professionals Act 2005, 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 the Building Professionals Act 2005,

2007 No 82	Administrative Decisions Tribunal (General) Amendment (Further Exclusions) Regulation 2007
Schedule 1	Amendments

(c6)	a decision referred to in section 18 (f) of the Building Professionals Act 2005 (but only if the decision is made on a ground set out in section 8 (2) (c), (d), (e) or (f) of that Act),
(c7)	a decision to make a finding or to take action of a kind referred to in section 33 of the Building Professionals Act 2005,

BY AUTHORITY