New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 113

113 Right to appeal against appealable decisions of the Tribunal

(1) A party to proceedings in which an appealable decision of the Tribunal is made may appeal to the Tribunal constituted by an Appeal Panel.

(2) An appeal under this Part:

(a) may be made on any question of law, and

(b) with the leave of the Appeal Panel, may extend to a review of the merits of the appealable decision.

(2A) Despite subsections (1) and (2), an appeal does not lie to an Appeal Panel of the Tribunal against the exercise of an interlocutory function (within the meaning of section 24A) by of the Tribunal except by leave of the Appeal Panel.

(2B) For the purposes of determining whether to grant leave under subsection (2A), and for determining the appeal if leave is granted, the Appeal Panel may be constituted by:

(a) one presidential judicial member-if the interlocutory function was exercised by the Tribunal constituted by a Deputy President or by one or more members other than the President, or

(b) in accordance with section 24-if the interlocutory function was exercised by the President.

(2C) The provisions of subsection (2B):

(a) have effect despite any other requirement of this Act or any other enactment relating to the constitution of an Appeal Panel for the exercise of its functions, and

(b) do not prevent a differently constituted Appeal Panel from determining whether to grant leave to appeal under subsection (2A) or determining the appeal if the Panel is duly constituted to exercise that function apart from subsection (2B).

(2D) Subsection (2B) has effect despite section 24A.

(2E) If an appeal is made under subsections (1) and (2) against the exercise of an ancillary function (within the meaning of section 24A) by the Tribunal, the Appeal Panel may be constituted in the same way as an Appeal Panel may be constituted under subsection (2B) in relation to appeals against the exercise of an interlocutory function by the Tribunal.

(2F) The provisions of subsection (2E):

(a) have effect despite any other requirement of this Act or any other enactment relating to the constitution of an Appeal Panel for the exercise of its functions (including section 24A), and

(b) do not prevent a differently constituted Appeal Panel from determining an appeal under subsections (1) and (2) if the Panel is duly constituted to exercise that function apart from subsection (2E).

(3) An appeal under this Part must be made:

(a) within 28 days after the Tribunal gives the party oral reasons or written reasons for the appealable decision (whichever is the later), or

(b) within such further time as the Appeal Panel may allow.

(4) An appeal under this Part is to be made in the manner prescribed by the rules of the Tribunal.