Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW)
An Act to repeal and amend certain legislation consequent on the establishment of the Civil and Administrative Tribunal of New South Wales.
This Act is the Civil and Administrative Legislation (Repeal and Amendment) Act 2013.
This Act commences on the establishment day within the meaning of the Civil and Administrative Tribunal Act 2013, except as provided by subsection (2).
An amendment made by this Act to a provision of an Act (as inserted by another Act) commences on the day on which the provision is inserted if that day occurs after the establishment day.
Each of the following is repealed:
(a) the Consumer, Trader and Tenancy Tribunal Act 2001 No 82,
(b) the Consumer, Trader and Tenancy Tribunal Regulation 2009.
Omit the definition of
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 78B (1) (h).
Insert instead “former Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal or the Civil and Administrative Tribunal”.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 138A (1) (h).
Insert instead “former Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal or the Civil and Administrative Tribunal”.
Omit the Division.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 181H (1).
Insert instead “Civil and Administrative Tribunal”.
Insert at the end of the subsection:
An appeal under this section is an external appeal to the Civil and Administrative Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
Omit the subsection.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 181J (1).
Insert instead “Civil and Administrative Tribunal”.
Insert at the end of the subsection:
An appeal under this section is an external appeal to the Civil and Administrative Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
Omit the subsection.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 181K (1).
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 181L (3).
Insert instead “Civil and Administrative Tribunal”.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 181N (1) (b).
Insert instead “Civil and Administrative Tribunal”.
Omit “Pecuniary Interest and Disciplinary Tribunal”.
Insert instead “Civil and Administrative Tribunal”.
Omit “Pecuniary Interest and Disciplinary Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit “
Insert instead “
Omit “Pecuniary Interest and Disciplinary Tribunal” wherever occurring in section 198 (1) and (2).
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 199 (1).
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection (including the note to the subsection).
Omit “Pecuniary Interest and Disciplinary Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 199B (1).
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection (including the note to the subsection).
Omit the section.
Omit the section.
Omit the section.
Omit the section.
Omit the section.
Omit the section.
Omit the section.
Omit “Pecuniary Interest and Disciplinary Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit the section.
Omit the section.
Omit the section.
Omit “Pecuniary Interest and Disciplinary Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit “Pecuniary Interest and Disciplinary Tribunal” from section 211A (1).
Insert instead “Civil and Administrative Tribunal”.
Omit the section.
Omit the section.
Omit the section.
Omit “Pecuniary Interest and Disciplinary Tribunal may refer a matter before it”.
Insert instead “Civil and Administrative Tribunal may refer a matter before it under this Act”.
Insert after section 215:
The Civil and Administrative Tribunal has exclusive jurisdiction at first instance to decide allegations of contraventions of Division 4.
Accordingly, proceedings at first instance to decide allegations of contraventions of Division 4 may not be brought before, or entertained by, any other tribunal or any court.
Omit the Schedule.
Aboriginal Land Rights Regulation 2002Omit “Pecuniary Interests and Disciplinary Tribunal” from clause 25G (1) (e).
Insert instead “Civil and Administrative Tribunal”.
Omit “Pecuniary Interests and Disciplinary Tribunal” from clause 92 (1) (e).
Insert instead “Civil and Administrative Tribunal”.
Defamation Act 2005 No 77Omit clause 31.
Omit clause 6.
Omit clause 16.
Government Information (Public Access) Regulation 2009Omit the matter relating to the Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal.
Omit “Administrative Decisions Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection.
Omit the section.
Omit “to the Land and Environment Court is made” from section 71 (a).
Insert instead “is made under the Civil and Administrative Tribunal Act 2013”.
Omit “Administrative Decisions Tribunal” from section 135 (1).
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection.
Omit the section.
Omit “to the Land and Environment Court is made” from section 137 (a).
Insert instead “is made under the Civil and Administrative Tribunal Act 2013”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 181M (4).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Adoption Act 2000 No 75Omit “Administrative Decisions Tribunal” from the Introduction to the Chapter.
Insert instead “Civil and Administrative Tribunal”.
Omit the definition of
(a) a decision of the relevant decision maker that may be the subject of an application to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 for the purposes of section 28 of the Community Services (Complaints, Reviews and Monitoring) Act 1993, or
Note— Section 193 sets out the decisions of the Director-General and other relevant decision makers under this Act that are administratively reviewable by the Civil and Administrative Tribunal for the purposes of section 28 of the Community Services (Complaints, Reviews and Monitoring) Act 1993.
(b) any decision made under or for the purposes of this Act by the relevant decision maker that is a decision within a class of decisions prescribed by the regulations for the purposes of this definition.
Omit “Division 2 of Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from section 190 (4).
Insert instead “Division 2 of Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “reviewed by the Administrative Decisions Tribunal” from section 192 (8) (b).
Insert instead “administratively reviewed by the Civil and Administrative Tribunal”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “For the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions made by the relevant decision maker are reviewable by the Administrative Decisions Tribunal:” from section 193 (1).
Insert instead “Each of the following decisions when made by the relevant decision maker is an administratively reviewable decision for the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993:”.
Agricultural Livestock (Disease Control Funding) Act 1998 No 139Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 25 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “review under this section”.
Insert instead “administrative review in an application under this section”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 25 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Agricultural Livestock (Disease Control Funding) Regulation 2011Omit “review by the Administrative Decisions Tribunal” from clause 6 (4).
Insert instead “administrative review by the Civil and Administrative Tribunal”.
Air Transport Act 1964 No 36Omit the section. Insert instead:
An applicant for a licence may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any decision made by the Director-General with respect to the application.
A person whose licence has been varied or revoked by the Director-General may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Director-General’s decision to vary or revoke the licence.
Omit “application for review by the Administrative Decisions Tribunal” from section 20 (4).
Insert instead “application to the Civil and Administrative Tribunal for an administrative review”.
Omit “any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from section 24 (4).
Insert instead “any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “application for review to the Administrative Decisions Tribunal” from section 25 (5).
Insert instead “application to the Civil and Administrative Tribunal for an administrative review”.
Omit “any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from section 28B (4).
Insert instead “any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “application for review to the Administrative Decisions Tribunal” from section 39 (4).
Insert instead “application to the Civil and Administrative Tribunal for an administrative review”.
Omit the Division. Insert instead:
Any person who is dissatisfied with a determination of the Director-General under this Part that affects the person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the determination.
An application to the Tribunal is to be made within 28 days after written notice of the determination of the Director-General is served on the person or, if the application relates to a failure to determine an application under this Part within 90 days after the application was made, within 28 days after the expiration of that 90 day period.
Omit the definitions of
Insert in alphabetical order:
Omit “
Omit section 95 (3).
Omit “section 73 (Procedure of the Tribunal generally) of the Administrative Decisions Tribunal Act 1997” from section 96 (3).
Insert instead “section 38 (Procedure of Tribunal generally) of the Civil and Administrative Tribunal Act 2013”.
Omit the subsection.
Omit the section.
Omit “Section 89 of the Administrative Decisions Tribunal Act 1997” and “an original decision” from section 105 (2).
Insert instead “For the avoidance of doubt, section 62 of the Civil and Administrative Tribunal Act 2013” and “a general decision”, respectively.
Omit the section.
Omit the section.
Omit the section.
Omit “the Registrar” wherever occurring in section 114 (2) and (3).
Insert instead “a registrar of the Tribunal”.
Omit “section 82 or 82A of the Administrative Decisions Tribunal Act 1997”.
Insert instead “section 78 of the Civil and Administrative Tribunal Act 2013”.
Omit the section.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997 and the Civil and Administrative Tribunal Act 2013”.
Omit “or the Administrative Decisions Tribunal Act 1997” from section 120A (4).
Insert instead “, the Administrative Decisions Review Act 1997 or the Civil and Administrative Tribunal Act 2013”.
Omit “a member of the Tribunal, the Registrar,”.
Omit “may apply to the Tribunal for a review” from section 126 (9).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “may apply to the Tribunal for a review” from section 126A (6).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Insert after clause 1:
A reference to the Tribunal in a provision of this Schedule that was inserted before the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013) is a reference to the former Administrative Decisions Tribunal.
Omit the Part. Insert instead:
A person aggrieved by any of the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision:
(a) a decision of the Director-General in refusing an application by that person for registration as a beekeeper,
(b) a decision of the Director-General in refusing an application for the renewal of that person’s registration as a beekeeper,
(c) a decision of the Director-General under section 11 to cancel that person’s registration,
(d) a decision of the Director-General under section 10 to suspend that person’s registration,
(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 seeking the return of those bees, beehives, apiary products or appliances,
(g) in relation to Part 5:
(i) a decision of the Director-General to refuse a claim for compensation under Part 5, or
(ii) a decision of the Director-General to award compensation under that Part on the ground that the amount of compensation awarded is inadequate, or
(iii) a determination of the market value of any queen bees made for the purpose of section 31 (1) on the ground that the value concerned is less than the true market value of the bees.
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 Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of that order.
Generally, the making of an application to the Civil and Administrative Tribunal will not affect the operation of the decision concerned (or prevent the taking of action to implement the decision) pending the review of the decision. However, the Tribunal can make orders staying or otherwise affecting the operation of the decision, but only on the application of a party to the proceedings and only if the Tribunal considers it desirable to do so after taking various matters (such as the public interest) into account. See section 60 of the Administrative Decisions Review Act 1997.
Omit section 38 (9) (a). Insert instead:
no application for an administrative review by the Civil and Administrative Tribunal 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 Civil and Administrative Tribunal Act 2013 for making applications under that section, or
Omit “Administrative Decisions Tribunal”.
Insert instead “Civil and Administrative Tribunal”.
Apprenticeship and Traineeship Regulation 2010Omit “proceedings under the Administrative Decisions Tribunal Act 1997”.
Insert instead “proceedings before the Civil and Administrative Tribunal”.
Omit the note.
Architects Act 2003 No 89Omit the definition of
Omit “may apply to the Tribunal for a review” from section 16 (3).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Tribunal for a review” from section 31 (1).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “a review”. Insert instead “an administrative review”.
Omit “may apply to the Tribunal for a review” from section 37 (5).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Tribunal for a review”.
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit the section.
Omit the section.
Omit section 58 (1). Insert instead:
The provisions of this Division are subject to any order made by the Tribunal under section 64 of the Civil and Administrative Tribunal Act 2013.
Section 64 of the Civil and Administrative Tribunal Act 2013 allows the Tribunal to make an order prohibiting or restricting the disclosure of information.
Omit the Part.
Omit “Tribunal” from clause 11 (1). Insert instead “Administrative Decisions Tribunal”.
Associations Incorporation Act 2009 No 7Omit “Administrative Decisions Tribunal” from section 76 (2) (b).
Insert instead “Civil and Administrative Tribunal”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 104 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Biofuels Act 2007 No 23Omit section 23 (1) (f). Insert instead:
the making of applications to the Civil and Administrative Tribunal for administrative reviews under the Administrative Decisions Review Act 1997 of decisions made in respect of registration.
Insert after section 23 (2):
The Minister is not to recommend the making of a regulation containing provisions for the purposes of section 23 (1) (f) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “In determining an application for a review of any decision to which this section applies, the Administrative Decisions Tribunal (and any Appeal Panel in determining any appeal against such a review under the Administrative Decisions Tribunal Act 1997)” from section 31L (3).
Insert instead “In determining an application for an administrative review of any decision to which this section applies, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013)”.
Omit “applicant for review”. Insert instead “applicant for the administrative review”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 56 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “review”. Insert instead “administrative review”.
Boarding Houses Act 2012 No 74Omit “may apply to the Administrative Decisions Tribunal for a review” from section 87 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Building and Construction Industry Security of Payment Act 1999 No 46Omit “may apply to the Administrative Decisions Tribunal for a review” from section 28 (2).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Building Legislation Amendment (Quality of Construction) Act 2002 No 134Omit “Administrative Decisions Tribunal” from proposed section 40 (4B) in Schedule 2.1 [4].
Insert instead “Civil and Administrative Tribunal”.
Building Professionals Act 2005 No 115Omit the definition of
Omit “may apply to the Tribunal for a review”.
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Tribunal for a review”.
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit the section.
Omit the section.
Omit section 43 (1). Insert instead:
The provisions of this Division are subject to any order made by the Tribunal under section 64 of the Civil and Administrative Tribunal Act 2013.
Section 64 of the Civil and Administrative Tribunal Act 2013 allows the Tribunal to make an order prohibiting or restricting the disclosure of information.
Omit the Part.
Insert after clause 1:
A reference to the Tribunal in a provision of this Schedule that was inserted before the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013) is a reference to the former Administrative Decisions Tribunal.
Insert before clause 9 in Division 4 of Part 2:
The functions of the Administrative Decisions Tribunal under this Division become, on and from the establishment day, the functions of the Civil and Administrative Tribunal.
Accordingly, a reference in another provision of this Division that confers or imposes a function on the Administrative Decisions Tribunal is to be read, on and after the establishment day, as being a reference to the Civil and Administrative Tribunal.
The provisions of this clause are in addition to, and do not derogate from, the provisions of Part 2 of Schedule 1 to the Civil and Administrative Tribunal Act 2013.
In this clause:
Insert at the end of section 33 (5):
An appeal under this subsection is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
Omit the definition of
Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal, in determining a review under this Act,”.
Insert instead “Civil and Administrative Tribunal, in determining an administrative review for the purposes of this Part,”.
Child Protection (International Measures) Act 2006 No 12Omit paragraph (e) from the definition of
Omit “Administrative Decisions Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Child Protection (Working with Children) Act 2012 No 51Omit the definition of
Omit “for a review” wherever occurring in section 27 (1)–(3).
Insert instead “for an administrative review under the Administrative Decisions Review Act 1997”.
Omit the subsections.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit section 28 (9).
Omit section 29 (4).
Omit the note to section 30 (2). Insert instead:
Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 enables a decision the subject of an application under section 27 of this Act for an administrative review under that Act to be stayed by the Tribunal.
Omit the subsection.
Children (Detention Centres) Regulation 2010Omit “Administrative Decisions Tribunal” from paragraph (h) of the definition of
Insert instead “Civil and Administrative Tribunal”.
Children (Education and Care Services) Supplementary Provisions Act 2011 No 70Omit section 28 (2). Insert instead:
The Minister is not to recommend the making of a regulation containing provisions for the purposes of this section unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “Administrative Decisions Tribunal” from section 8 (b).
Insert instead “Civil and Administrative Tribunal”.
Children and Young Persons (Care and Protection) Act 1998 No 157Omit “Administrative Decisions Tribunal” from section 29 (1) (d) (iii).
Insert instead “Civil and Administrative Tribunal”.
Omit “reviewed by the Administrative Decisions Tribunal” from section 149F (2) (b).
Insert instead “administratively reviewed by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 149G (1) (a).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “to apply to the Administrative Decisions Tribunal, on behalf of the authorised carer, for a review”.
Insert instead “to apply to the Civil and Administrative Tribunal, on behalf of the authorised carer, for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal”.
Insert instead “Civil and Administrative Tribunal”.
Omit “ADT Act” and “Chapter 5” wherever occurring in section 149H (1) and (2).
Insert instead “ADR Act” and “Chapter 3”, respectively.
Omit the subclause. Insert instead:
In this section, the
Omit “Division 2 of Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from section 231F (2) (a).
Insert instead “Division 2 of Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit the paragraph. Insert instead:
the decision may be administratively reviewed by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997, whose decision may be appealed against to an Appeal Panel of that Tribunal, and
Omit “For the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions made under or for the purposes of this Act or the regulations are reviewable by the Administrative Decisions Tribunal:” from section 245 (1).
Insert instead “Each of the following decisions made under or for the purposes of this Act or the regulations is an administratively reviewable decision for the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993:”.
Omit “the review by the Administrative Decisions Tribunal” from section 264 (1A) (i).
Insert instead “an administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997”.
Omit the subsection. Insert instead:
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1A) (i) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “Pursuant to section 264 (1A) (i) of the Act, the following decisions of the Children’s Guardian are reviewable by the Administrative Decisions Tribunal:”.
Insert instead “A person affected by any of the following decisions of the Children’s Guardian may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision:”.
Omit “reviewable by the Administrative Decisions Tribunal”.
Insert instead “administratively reviewable by the Civil and Administrative Tribunal”.
Omit “reviewable by the Administrative Decisions Tribunal” from the note at the end of the clause.
Insert instead “administratively reviewable by the Civil and Administrative Tribunal”.
Coal Industry Act 2001 No 107Omit the definition of
Omit “may apply to the Tribunal for a review” from section 12 (3).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Tribunal for a review” from section 13 (7).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “apply to the Tribunal for a review” from section 39 (1).
Insert instead “apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Coal Mine Health and Safety Act 2002 No 129Omit “apply to the Administrative Decisions Tribunal for a review” from section 196 (1).
Insert instead “apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal for a review”.
Insert instead “Civil and Administrative Tribunal for an administrative review”.
Omit “Administrative Decisions Tribunal Act 1997” and “by the Administrative Decisions Tribunal”.
Insert instead “Administrative Decisions Review Act 1997” and “by the Civil and Administrative Tribunal”, respectively.
Omit the subsection. Insert instead:
The Minister is not to recommend the making of any such regulation unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions concerned.
Omit “Administrative Decisions Tribunal Act 1997” from section 178 (6).
Insert instead “Administrative Decisions Review Act 1997”.
Omit “the review by the Administrative Decisions Tribunal” from the note at the end of the clause.
Insert instead “the administrative review by the Civil and Administrative Tribunal”.
Omit “apply to the Administrative Decisions Tribunal for a review” from clause 209 (1).
Insert instead “apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “application for review by the Administrative Decisions Tribunal”.
Insert instead “application for an administrative review by the Civil and Administrative Tribunal”.
Combat Sports Act 2008 No 116Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Combat Sports Act 2013Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 77 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit section 77 (2). Insert instead:
The regulations may make provision for applications to be made to the Tribunal for the administrative review under the Administrative Decisions Review Act 1997 of a decision made, or the failure or refusal to make a decision, under this Act or the regulations of a kind prescribed by the regulations.
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (2) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “a review”. Insert instead “an administrative review”.
Omit “In determining an application for a review of a decision that was made on the ground of a determination made, or advice given, by the Commissioner of Police or another police officer, the Administrative Decisions Tribunal (and any Appeal Panel of the Tribunal in determining any appeal against such a review under the Administrative Decisions Tribunal Act 1997):” from section 78 (1).
Insert instead “In determining an application for an administrative review of a decision that was made on the ground of a determination made, or advice given, by the Commissioner of Police or another police officer, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):”.
Omit “applicant for review” and “for a review” wherever occurring.
Insert instead “applicant for the administrative review” and “for an administrative review”, respectively.
Omit “Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997”.
Insert instead “Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Combat Sports Regulation 2009Omit “Administrative Decisions Tribunal” wherever occurring in clause 20 (b) (i) and (c).
Insert instead “Civil and Administrative Tribunal”.
Commercial Agents and Private Inquiry Agents Act 2004 No 70Omit “Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from the note at the end of the section.
Insert instead “Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from the note at the end of the section.
Insert instead “Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 20 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “In determining an application for a review of any decision to refuse to grant or cancel a licence under this Act, the Administrative Decisions Tribunal (and any Appeal Panel in determining any appeal against such a review under the Administrative Decisions Tribunal Act 1997):”.
Insert instead “In determining an application for an administrative review of any decision to refuse to grant or cancel a licence under this Act, the Civil and Administrative Tribunal (and any Appeal Panel in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):”.
Omit “applicant for review”. Insert instead “applicant for the administrative review”.
Community Housing Providers (Adoption of National Law) Act 2012 No 59Omit “Administrative Decisions Tribunal” from the definition of
Insert instead “Civil and Administrative Tribunal”.
Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2Omit “Administrative Decisions Tribunal”.
Insert instead “Civil and Administrative Tribunal”.
Omit the definition of
Omit “
Omit “may apply to the Tribunal for a review” from section 28 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “a reviewable decision” wherever occurring.
Insert instead “an administratively reviewable decision”.
Omit section 29 (6). Insert instead:
This section applies despite any contrary provisions of the Civil and Administrative Tribunal Act 2013 or the Administrative Decisions Review Act 1997.
Omit section 31 (3). Insert instead:
The powers conferred on the Tribunal by this section are in addition to any other powers that the Tribunal has under the Civil and Administrative Tribunal Act 2013 with respect to the use of resolution processes.
Omit “Division 3 (Powers on review) of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997” from section 32 (3).
Insert instead “Division 3 (Powers on administrative review) of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit the section.
Omit the section.
Omit “a reviewable decision under the Administrative Decisions Tribunal Act 1997” from section 45 (3).
Insert “an administratively reviewable decision under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “a review” from section 49 (2). Insert instead “an administrative review”.
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11Omit “may apply to the Administrative Decisions Tribunal for a review” from section 27 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997” wherever occurring.
Insert instead “Administrative Decisions Review Act 1997”.
Co-operatives (Adoption of National Law) Act 2012 No 29Omit “Administrative Decisions Tribunal” from section 7 (3) (b).
Insert instead “Civil and Administrative Tribunal”.
Conveyancers Licensing Act 2003 No 3Omit “may apply to the Administrative Decisions Tribunal for a review” from section 29 (3).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal under the Administrative Decisions Tribunal Act 1997 for a review”.
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Court Security Act 2005 No 1Omit “Administrative Decisions Tribunal” from paragraph (l) of the definition of
Insert instead “Civil and Administrative Tribunal”.
Court Security Regulation 2011Omit “Administrative Decisions Tribunal” and “registrar” wherever occurring.
Insert instead “Civil and Administrative Tribunal” and “principal registrar”, respectively.
Crimes (Administration of Sentences) Regulation 2008Omit “Administrative Decisions Tribunal” from clause 325 (2) (b).
Insert instead “Civil and Administrative Tribunal”.
Omit “Administrative Decisions Tribunal” from paragraph (a) of the definition of
Insert instead “Civil and Administrative Tribunal”.
Dangerous Goods (Road and Rail Transport) Act 2008 No 95Omit section 13 (2) (y). Insert instead:
appeals against, and the review of, decisions under this Act, including conferring jurisdiction on:
(i) a court or courts to hear appeals against decisions under the regulations, and
(ii) the Civil and Administrative Tribunal to conduct administrative reviews under the Administrative Decisions Review Act 1997 of decisions under the regulations,
Insert after section 13 (2):
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (2) (y) (ii) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit the note.
Defamation Act 2005 No 77Omit “Administrative Decisions Tribunal” wherever occurring in clause 9.
Insert instead “Civil and Administrative Tribunal”.
Omit the clause.
Omit clause 5.
Omit clause 15.
Disability Services Act 1993 No 3Omit the heading. Insert instead:
Omit “For the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, any of the following decisions is reviewable by the Administrative Decisions Tribunal:”.
Insert instead “Each of the following decisions is an administratively reviewable decision for the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993:”.
Omit “Administrative Decisions Tribunal” from section 25 (2).
Insert instead “Civil and Administrative Tribunal”.
Drug and Alcohol Treatment Act 2007 No 7Omit the section. Insert instead:
A person aggrieved by an order or determination of a Magistrate under this Part may appeal against the order or determination to the Civil and Administrative Tribunal.
An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
An appeal may be made:
(a) as of right, on any question of law, or
(b) by leave of the Tribunal, on any other grounds.
Omit the definition of
Omit “a review” wherever occurring in section 51 (3).
Insert instead “an administrative review”.
Omit “reviewing” from section 56 (1). Insert instead “administratively reviewing”.
Omit “a review” wherever occurring. Insert instead “an administrative review”.
Omit “a review” wherever occurring in section 59 (3).
Insert instead “an administrative review”.
Omit “a review” wherever occurring in section 61 (4).
Insert instead “an administrative review”.
Omit “a review” wherever occurring in section 72 (2) and (4).
Insert instead “an administrative review”.
Omit “a review” wherever occurring in section 74 (3).
Insert instead “an administrative review”.
Omit “Review” from section 76 (4). Insert instead “Administrative review”.
Omit “a review” wherever occurring in section 77 (2).
Insert instead “an administrative review”.
Omit “Review” from section 82 (2). Insert instead “Administrative review”.
Omit “a review” wherever occurring. Insert instead “an administrative review”.
Omit “a review” from section 88 (2) (b). Insert instead “an administrative review”.
Omit “an application to review” from section 89 (1).
Insert instead “an application for an administrative review of”.
Omit “a review” from section 91 (2) (b). Insert instead “an administrative review”.
Omit “an application to review”.
Insert instead “an application for an administrative review of”.
Omit “
Omit “for a review” from section 107 (1).
Insert instead “for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “the review” and “of review” wherever occurring in section 108 (1) and (2).
Insert instead “the administrative review” and “of administrative review”, respectively.
Omit “Administrative Decisions Tribunal Act 1997” wherever occurring in section 108 (2) and the note at the end of the section.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997” from section 109 (2).
Insert instead “Administrative Decisions Review Act 1997”.
Education (School Administrative and Support Staff) Act 1987 No 240Omit “Administrative Decisions Tribunal” from section 32M (1).
Insert instead “Civil and Administrative Tribunal”.
Electricity (Consumer Safety) Act 2004 No 4Omit “may apply to the Administrative Decisions Tribunal for a review” wherever occurring in section 14 (1) and (2).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Electricity Supply Act 1995 No 94Omit “may apply to the Administrative Decisions Tribunal for a review” from section 95A (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” wherever occurring.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” wherever occurring.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “(Appeals to Administrative Decisions Tribunal)” from clause 53 (5).
Insert instead “(Administrative reviews by Civil and Administrative Tribunal)”.
Electricity Supply (General) Regulation 2001Omit the note at the end of the clause. Insert instead:
This clause allows the decisions referred to above to be administratively reviewed by the Civil and Administrative Tribunal.
Omit the note at the end of the clause. Insert instead:
This clause allows the decisions referred to above to be administratively reviewed by the Civil and Administrative Tribunal.
Omit “any application to the Administrative Decisions Tribunal for a review under this Act” from section 23 (3).
Insert instead “any application under this Act to the Civil and Administrative Tribunal for an administrative review”.
Omit “Reviews by Administrative Decisions Tribunal” from section 36 (5).
Insert instead “Administrative reviews by Civil and Administrative Tribunal”.
Omit “Reviews by Administrative Decisions Tribunal” from section 37 (4).
Insert instead “Administrative reviews by Civil and Administrative Tribunal”.
Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997”.
Insert instead “order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Exhibited Animals Protection Act 1986 No 123Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 32 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “a review” and “Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997”.
Insert instead “an administrative review” and “Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”, respectively.
Explosives Act 2003 No 39Omit “may apply to the Administrative Decisions Tribunal for a review” from section 24 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997” wherever occurring.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “applications for review”. Insert instead “applications for administrative review”.
Omit “Without limiting section 67 (Parties to proceedings before Tribunal) of the Administrative Decisions Tribunal Act 1997”.
Insert instead “Without limiting section 44 (Parties and intervention) of the Civil and Administrative Tribunal Act 2013”.
Omit “Administrative Decisions Tribunal for a review” from section 24A (1) (a).
Insert instead “Civil and Administrative Tribunal for an administrative review”.
Omit “In determining an application for a review of any decision to refuse to grant a licence or security clearance or to suspend or cancel a licence or security clearance that was made on the ground of a report under section 13 made by the Commissioner of Police, the Administrative Decisions Tribunal:”.
Insert instead “In determining an application for an administrative review of any decision to refuse to grant a licence or security clearance or to suspend or cancel a licence or security clearance that was made on the ground of a report under section 13 made by the Commissioner of Police, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):”.
Omit “applicant for review”. Insert instead “applicant for the administrative review”.
Omit “Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997”.
Insert instead “Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Explosives Regulation 2013Omit “Administrative Decisions Tribunal” from clause 4 (3).
Insert instead “Civil and Administrative Tribunal”.
Fair Trading Act 1987 No 68Omit “may apply to the Administrative Decisions Tribunal for a review” from section 79A (8).
Insert instead “may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Firearms Act 1996 No 46Omit “
Insert instead “
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 75 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “a reviewable decision for the purposes of section 53 (Internal reviews) of the Administrative Decisions Tribunal Act 1997”.
Insert instead “an administratively reviewable decision for the purposes of section 53 (Internal reviews) of the Administrative Decisions Review Act 1997”.
Omit “a review”. Insert instead “an administrative review”.
Omit the subsection. Insert instead:
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1) (g) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit the subsection. Insert instead:
The following provisions of the Administrative Decisions Review Act 1997 do not apply to an application to the Civil and Administrative Tribunal for an administrative review of a decision referred to in subsection (1) (a) or (c) that was made on the grounds referred to in section 11 (5A) or 29 (3A):
(a) Part 2 of Chapter 3,
(b) section 58.
Omit “In determining an application for a review of any such decision, the Administrative Decisions Tribunal:”.
Insert instead “In determining an application for an administrative review of any such decision, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):”.
Omit “applicant for review”. Insert instead “applicant for the administrative review”.
Firearms Regulation 2006Omit “Administrative Decisions Tribunal” from clause 131 (2).
Insert instead “Civil and Administrative Tribunal”.
First Home Owner Grant (New Homes) Act 2000 No 21Omit “Administrative Decisions Tribunal Act 1997” from section 26 (4).
Insert instead “Administrative Decisions Review Act 1997”.
Omit “review”. Insert instead “an administrative review”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 28 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “review” wherever occurring. Insert instead “an administrative review”.
Omit “Administrative Decisions Tribunal” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit the subsection. Insert instead:
The following provisions of the Administrative Decisions Review Act 1997 do not apply to an application made under this section:
(a) Part 2 of Chapter 3,
(b) section 55 (3)–(6),
(c) Division 2 of Part 3 of Chapter 3.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “On a review, the Administrative Decisions Tribunal” from section 28 (1).
Insert instead “On an administrative review, the Civil and Administrative Tribunal”.
Omit the subsection. Insert instead:
Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997”.
Omit the heading. Insert instead:
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 126 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 146 (4).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 160 (5).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit section 161 (7). Insert instead:
The person concerned may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 for a review of a declaration under this section.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 177 (4).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Food Act 2003 No 43Omit the definition of
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 34 (5).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 51 (5).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 66 (5).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 79 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “the review” wherever occurring. Insert instead “the administrative review”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 85 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “the review” wherever occurring. Insert instead “the administrative review”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 91 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 133F (5).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “a review”. Insert instead “an administrative review”.
Omit section 139 (2C) and (2D). Insert instead:
The regulations may provide for an application to be made to the Civil and Administrative Tribunal by a person for an administrative review under the Administrative Decisions Review Act 1997 of a decision, of a class prescribed by the regulations, that is made under this Act or the regulations.
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (2C) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “may apply to the Administrative Decisions Tribunal for a review”.
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Forestry Act 2012 No 96Omit “may apply to the Administrative Decisions Tribunal for a review” from section 89 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit the subsection. Insert instead:
The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1) (c) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 31 (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Gaming Machines Act 2001 No 127Omit “for the review” and “Administrative Decisions Tribunal” from section 131C (1).
Insert instead “for an administrative review under the Administrative Decisions Review Act 1997” and “Civil and Administrative Tribunal”, respectively.
Omit the subsection. Insert instead:
Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not apply to an application to the Civil and Administrative Tribunal for an administrative review of a decision by the Authority under this Part.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 17A (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 45A (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal Act 1997”.
Insert instead “Administrative Decisions Review Act 1997”.
Government Information (Public Access) Act 2009 No 52Omit “review by the ADT under” from section 82 (5).
Insert instead “an administrative review by NCAT as provided by”.
Omit “review by the ADT”.
Insert instead “an administrative review by NCAT”.
Omit “the ADT for review”. Insert instead “NCAT for an administrative review”.
Omit the heading. Insert instead:
Omit the section. Insert instead:
A person who is aggrieved by a reviewable decision of an agency may apply to NCAT for an administrative review under the ADR Act of the decision (referred to in this Division as an
A reviewable decision does not have to be internally reviewed or reviewed by the Information Commissioner before it can be the subject of an NCAT administrative review.
Omit each term or expression specified in Column 1 of the following Table wherever occurring (including definitions, headings and notes) and regardless of capitalisation.
Insert instead the term or expression specified in Column 2 opposite the term specified in Column 1 with capitalisation that corresponds to the omitted term or expression:
Table
Column 1 | Column 2 |
“ADT Act” | “ADR Act” |
“an ADT review” | “an NCAT administrative review” |
any other reference to “ADT review” | “NCAT administrative review” |
“the ADT” (except where occurring in the expressions “the ADT Act” or “the ADT review”) | “NCAT” |
any other reference to “ADT” | “NCAT” |
Omit “Chapter 5”. Insert instead “Chapter 3”.
Insert after section 112:
The provisions of this Division are intended to prevail to the extent of any inconsistency with provisions of the ADR Act or the NCAT Act.
Omit the definitions of
Omit the matter relating to the Administrative Decisions Tribunal.
Guardianship Act 1987 No 257Omit the definition of
Omit “application may be made to the ADT for a review” from section 80A (1).
Insert instead “application may be made to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “ADT”. Insert instead “Civil and Administrative Tribunal”.
Guardianship Regulation 2010Omit “
Insert instead “
Omit “may apply to the Administrative Decisions Tribunal for a review” from section 41C (1).
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Omit “Administrative Decisions Tribunal” from paragraph (a) of the definition of
Insert instead “Civil and Administrative Tribunal”.
Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86Omit “may apply to the Administrative Decisions Tribunal for a review” from clause 13 (1) of Schedule 5F in Schedule 1 [25].
Insert instead “may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997”.
Health Records and Information Privacy Act 2002 No 71The Civil and Administrative Tribunal must ensure that a written statement of reasons (setting out the matters referred to in section 62 (3) of the Civil and Administrative Tribunal Act 2013) for its determination of an inquiry is:
(a) provided to both the Ministerial Corporation and the applicant for the licence even if they have not requested that statement under section 62 of that Act, and
(b) published on the website of the Tribunal.
Omit “local land board” wherever occurring in section 12 (1) and (2).
Insert instead “Director-General”.
Omit “local land board” wherever occurring in section 13A (4)–(6).
Insert instead “Director-General”.
Omit “local land board” and “board’s” wherever occurring in section 20A (2).
Insert instead “Director-General” and “Director-General’s”, respectively.
Omit “local land board” from section 20B (1).
Insert instead “Director-General”.
Omit “local land board” and “board’s” wherever occurring in section 20CA (4)–(6).
Insert instead “Director-General” and “Director-General’s”, respectively.
Omit “local land board” wherever occurring in section 20CB (1) and (3).
Insert instead “Director-General”.
Omit “local land board” wherever occurring in section 20E (2).
Insert instead “Director-General”.
Omit “local land board” from section 20K (3). Insert instead “Director-General”.
Omit “local land board” from section 20L (1). Insert instead “Director-General”.
Omit “local land board” wherever occurring in section 21B (3).
Insert instead “Civil and Administrative Tribunal”.
Omit “local land board” wherever occurring in section 22 (5).
Insert instead “Civil and Administrative Tribunal”.
Omit the section. Insert instead:
The Ministerial Corporation may, at any time after giving reasonable notice, cancel a licence, group licence or an authority on payment of compensation to the person entitled to the benefit of the licence or authority or to the holder of the group licence (the
Subject to any order of the Civil and Administrative Tribunal, the right to the water which was vested in the affected person vests in the Ministerial Corporation on the expiry of the period of 28 days after the payment of the compensation.
The affected person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Ministerial Corporation concerning the amount of compensation to be paid.
The application for administrative review must be made within 28 days after the payment of the compensation.
Omit “the local land board” and “the board” wherever occurring in section 107 (2) and (4).
Insert instead “the Director-General”.
Omit “(or local land board for an adjacent land district)”.
Omit “local land board” wherever occurring in section 108 (1) and (4).
Insert instead “Director-General”.
Omit “local land board” wherever occurring in section 110 (1) and (4).
Insert instead “Director-General”.
Omit “local land board” wherever occurring. Insert instead “Director-General”.
Omit “local land board” from section 115 (2) (a). Insert instead “Director-General”.
Omit “local land board for the district in which the land or any part of it is situated”.
Insert instead “Civil and Administrative Tribunal”.
Omit “a local land board”. Insert instead “the Director-General”.
Wentworth Irrigation Act 1890 No 7Omit “local land board (within the meaning of the Crown Lands Act 1989)” from section 22C (5) (a).
Insert instead “Civil and Administrative Tribunal”.
Omit “local land board”. Insert instead “Civil and Administrative Tribunal”.
Western Lands Act 1901 No 70Insert in alphabetical order in section 3 (1):
Omit the definition.
Omit “a local land board” and “the local land board” wherever occurring.
Insert instead “the Civil and Administrative Tribunal”.
Omit section 18A (6) (including the note to the subsection). Insert instead:
A person who is affected by an order made by the Commissioner under this section may appeal to the Civil and Administrative Tribunal against that order.
An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
Omit “local land board” wherever occurring in section 18E (2) and (5).
Insert instead “Director-General”.
Omit “local land board” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Omit the section.
Omit “local land board” and “it”.
Insert instead “Director-General” and “the Director-General”, respectively.
Omit the section.
Omit section 36 (1) (i).
Omit “(Local land boards)” from the matter relating to Division 2 of Part 2 of the Crown Lands Act 1989.
Insert instead “(Director-General)”.
Omit “local land board” from clause 2 (2) (b).
Insert instead “Civil and Administrative Tribunal”.
Omit “local land board” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Insert at the end of the subclause:
An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
Omit the subclause. Insert instead:
On hearing an appeal under subclause (5), the Civil and Administrative Tribunal may include in its order or decision an order or redetermination referred to in subclause (7), or both.
Omit “The local land board, or the Court, may”.
Insert instead “The Civil and Administrative Tribunal may”.
Omit “local land board” wherever occurring.
Insert instead “Civil and Administrative Tribunal”.
Insert at the end of the subclause:
An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
Omit the clause.
Omit each term or expression specified in Column 1 of the following Table wherever occurring (including definitions, headings and notes) and regardless of capitalisation.
Insert instead the term or expression specified in Column 2 opposite the term specified in Column 1 with capitalisation that corresponds to that of the omitted term or expression:
Table
Column 1 | Column 2 |
“Vocational Training Tribunal” | “Vocational Training Review Panel” |
“Tribunal” | “Review Panel” |
“Tribunal’s” | “Review Panel’s” |
Omit the Part. Insert instead:
A person aggrieved by any of the following decisions of the Commissioner may, in accordance with the regulations (if any), apply to the Review Panel for a review of the decision:
(a) any decision by the Commissioner dismissing an application for establishment of an apprenticeship or traineeship,
(b) any vocational training direction made by the Commissioner,
(c) any decision by the Commissioner dismissing an application for approval to the transfer of an apprenticeship or traineeship,
(d) any decision by the Commissioner dismissing an application for variation of an apprenticeship or traineeship,
(e) any decision by the Commissioner under which an apprenticeship or traineeship has been varied,
(f) any decision by the Commissioner to refuse to register a person as an existing worker trainee,
(g) any decision by the Commissioner to refuse to register a person or body as a group training organisation or to suspend or cancel the registration of a person or body as a group training organisation,
(h) any refusal by the Commissioner to issue a certificate of proficiency, craft certificate or certificate of completion under Part 2 or 3,
(i) any decision by the Commissioner refusing to refer a complaint under Part 4 for determination by the Review Panel.
A review under this section is to be dealt with by way of a new hearing, and fresh evidence or fresh information may be given on the appeal.
The decision of the Review Panel is to be given effect to as if it were the decision of the Commissioner under review.
A person aggrieved by any of the following decisions of the Review Panel may appeal to the Civil and Administrative Tribunal against the decision:
(a) any decision by the Review Panel dismissing an application for establishment of an apprenticeship or traineeship,
(b) any vocational training direction made by the Review Panel or by the Commissioner,
(c) any decision by the Review Panel dismissing an application for approval to the transfer of an apprenticeship or traineeship,
(d) any decision by the Review Panel dismissing an application for variation of an apprenticeship or traineeship,
(e) any decision by the Review Panel under which an apprenticeship or traineeship has been varied,
(f) any determination by the Review Panel under section 36 that denies recognition of a person’s qualifications or experience in a particular recognised trade vocation,
(g) any determination by the Review Panel in respect of a complaint under Part 4, including any order of the kind referred to in section 53,
(h) a decision of the Review Panel determining an application for a review of a decision of the Commissioner made under section 54.
An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
An appeal is to be dealt with by way of a new hearing, and fresh evidence or fresh information may be given on the appeal.
The decision of the Civil and Administrative Tribunal is to be given effect to as if it were the decision of the person or body in respect of whose decision, determination, action or failure to act the appeal has been made.
Omit the section. Insert instead:
Subject to section 60 (5), the Commissioner may delegate to any person, or to any person belonging to a specified class of persons, any of the Commissioner’s functions (other than this power of delegation).
Section 60 (5) provides that Commissioner may delegate the exercise of the Commissioner’s functions as a member of the Review Panel to any public servant employed within the Department, and for that purpose any such delegate is taken to be a member of the Review Panel and is to preside at any sitting of the Review Panel in place of the Commissioner.
Omit the Division.
Omit “the Commissioner, the Tribunal or the Appeal Panel” from section 74 (1).
Insert instead “the Commissioner or the Review Panel”.
Omit section 77 (b) and (c). Insert instead:
the Review Panel or a member of the Review Panel, or
Omit “Commissioner, the Tribunal or the Appeal Panel”.
Insert instead “Commissioner or Review Panel”.
Omit “any member of the Tribunal or Appeal Panel”.
Insert instead “any member of the Review Panel”.
Omit the Schedule.
Insert at the end of clause 1 (1):
any Act that amends this Act
Omit “Appeal Panel” wherever occurring.
Insert instead “Vocational Training Appeal Panel”.
Insert at the end of the Schedule with appropriate Part and clause numbering:
The Vocational Training Review Panel established by this Act is a continuation of the Vocational Training Tribunal established by this Act before the establishment day.
Each person who was a member of the Vocational Training Tribunal immediately before the establishment day continues in office on and from that day as a member of the Vocational Training Review Panel for the balance of his or her term of office as a member of the Tribunal.
The Vocational Training Review Panel may continue and complete anything begun by the Vocational Training Tribunal before the establishment day.
Any right to make or refer an application or complaint to the Vocational Training Tribunal becomes, on and from the establishment day, a right to make or refer the application or complaint to the Vocational Training Review Panel.
Subject to Part 2 of Schedule 1 to the Civil and Administrative Tribunal Act 2013, any matter determined by the Vocational Training Tribunal (including under section 36 or 37) is taken, on and from the establishment day, to have been determined by the Vocational Training Review Panel.
Part 2 of Schedule 1 to the Civil and Administrative Tribunal Act 2013 abolished the Vocational Training Appeal Panel on the establishment day and contains savings and transitional provisions with respect to the Appeal Panel and appeals to the Panel.
In this clause:
Omit the definitions of
Omit “and clause 2 (a) (i) of Schedule 2” from clause 11 (1).
Omit “and clause 2 (b) (i) of Schedule 2”.
Omit “and clause 2 (c) (i) of Schedule 2”.
Omit “and clause 5 (2) of Schedule 2”.
Omit “member of the Tribunal or the Appeal Panel”.
Insert instead “member of the Review Panel”.
Government Information (Public Access) Regulation 2009Omit “Vocational Training Tribunal”.
Insert instead “Vocational Training Review Panel”.
Hairdressers Act 2003 No 62Omit “Vocational Training Tribunal” whenever occurring in section 4 (1).
Insert instead “Vocational Training Review Panel”.
Omit “Victims Compensation Tribunal or the Guardianship Tribunal” from section 29 (1) (d) (iv).
Insert instead “Civil and Administrative Tribunal”.
Children (Detention Centres) Act 1987 No 57Omit “Victims Compensation Tribunal” from section 42 (5) (b).
Insert instead “Civil and Administrative Tribunal”.
Crimes (Administration of Sentences) Act 1999 No 93Omit “Victims Compensation Tribunal” from paragraph (e) of the definition of
Insert instead “Civil and Administrative Tribunal”.
Criminal Procedure Act 1986 No 209Omit “Victims Compensation Tribunal” wherever occurring in the definitions of
Insert instead “Civil and Administrative Tribunal”.
Omit section 306ZA (d). Insert instead:
a proceeding before the Civil and Administrative Tribunal in respect of the hearing of a matter arising from the commission of a personal assault offence that is the subject of an application to it under the Victims Rights and Support Act 2013,
Omit section 306ZK (1) (d). Insert instead:
a proceeding before the Civil and Administrative Tribunal in respect of the hearing of a matter arising from the commission of a personal assault offence that is the subject of an application to it under the Victims Rights and Support Act 2013, and
Insert after clause 32:
Without limiting section 27 (2) (a)–(c), matter that is published to or by the Civil and Administrative Tribunal under the Civil and Administrative Tribunal Act 2013 (including matter that is published by that Tribunal in an official report of a decision of that Tribunal or of the reasons of that Tribunal for a decision).
Insert after clause 8:
Without limiting section 28 (4) (a)–(f), any document that consists of a decision (including reasons for a decision) made by the Civil and Administrative Tribunal.
Without limiting section 28 (4) (a)–(f), any document that consists of a decision (including reasons for a decision) made by an abolished tribunal (but only if such a document was included in this Schedule before the Tribunal’s abolition).
Insert after clause 17:
Without limiting section 29 (4) (a)–(o), proceedings held in public of the Civil and Administrative Tribunal.
Without limiting section 29 (4) (a)–(o), proceedings of an abolished tribunal (but only if such proceedings were included in this Schedule before the Tribunal’s abolition).
Insert in alphabetical order of subsidiary agency:
Civil and Administrative Tribunal | Department of Justice and Attorney General |
Insert after section 35C:
The Ombudsman and President of the Civil and Administrative Tribunal may enter into arrangements regarding any of the following:
(a) matters that the Tribunal will refer to the Ombudsman where it considers that the matter can be the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974 and that it would be more appropriate for the Ombudsman to deal with the matter,
(b) matters that the Ombudsman will refer to the Tribunal where the Ombudsman considers that the matter can be the subject of an administrative review application and that it would be more appropriate for the Tribunal to deal with it,
(c) matters that are the subject of an administrative review application and that are also the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974,
(d) the co-operative exercise of the respective functions of the Ombudsman and the Tribunal.
The Ombudsman and President are jointly to cause notice of any arrangements entered into under this section to be published in the Gazette as soon as is practicable after they are entered into. However, a failure to publish any such arrangements does not affect their validity.
The Ombudsman and the Civil and Administrative Tribunal are empowered to exercise their functions in conformity with any relevant arrangements entered into under this section.
An administrative review application may be made to the Civil and Administrative Tribunal whether or not a complaint has been made to the Ombudsman in relation to the decision.
Without limiting subsection (3):
(a) the Ombudsman may (despite anything in this Act) decline, discontinue or defer a complaint made under this Act to give effect to an arrangement entered into under this section, and
(b) the Ombudsman may (despite any provision of this Act but in conformity with the Civil and Administrative Tribunal Act 2013) disclose any information to the Tribunal duly obtained by the Ombudsman in relation to any matter referred to the Civil and Administrative Tribunal to give effect to an arrangement entered into under this section, and
(c) the Tribunal may dismiss, adjourn or stay proceedings relating to an administrative review application to give effect to an arrangement entered into under this section, and
(d) the Ombudsman may entertain any complaint under this Act, or the Tribunal may entertain an administrative review application, duly made by a person on the basis of a referral under arrangements entered into under this section.
In this section:
Insert after the matter relating to the Administrative Decisions Tribunal of New South Wales in the Table to clause 11:
Member who was taken to be employed in a public sector agency by operation of this clause immediately before the establishment day (within the meaning of the Civil and Administrative Tribunal Act 2013)
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