New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 38

38 Conferral of jurisdiction to review reviewable decisions

(1) Conferral of review jurisdiction The Tribunal has jurisdiction under an enactment to review a decision (or a class of decisions) if the enactment provides that applications may be made to it for a review of any such decision (or class of decisions) made by an administrator:

(a) in the exercise of functions conferred or imposed by or under the enactment, or

(b) in the exercise of any other functions of the administrator identified by the enactment.

Note: Section 5 defines "enactment" to mean:

(a) in relation to a reviewable decision-an Act (other than this Act) or a statutory rule (other than a statutory rule made under this Act), or

(b) in any other case-an Act (other than this Act).

(2) When statutory rules may confer jurisdiction to review decision Nothing in subsection (1) enables jurisdiction to review a decision to be conferred on the Tribunal by a statutory rule unless the conferral of jurisdiction by such means is expressly authorised by an Act (other than this Act).

(3) Preconditions for applications laid down by enactment If an enactment makes provision for applications to be made to the Tribunal in respect of a reviewable decision subject to certain conditions, the Tribunal has jurisdiction under the enactment only if those conditions are satisfied.

(4) Applications can be made in relation to delegates and others A provision of an enactment that provides that an administrator’s decision is a reviewable decision extends to:

(a) a decision made by a person to whom the function of making the reviewable decision has been delegated, or

(b) if the provision specifies the administrator by reference to the holding of a particular office or appointment-a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment, or

(c) a decision made by any other person authorised to exercise the function of making the reviewable decision.

(5) Applications in relation to decisions of former office holders If an administrator makes a reviewable decision by reason of holding or performing the duties of an office or appointment and then ceases to hold or perform the duties of the office or appointment, this Act has effect as if the decision had been made by:

(a) the person for the time being holding or performing the duties of that office or appointment, or

(b) if there is no person for the time being holding or performing the duties of that office or appointment or the office no longer exists-such person as the President (or another person authorised by the President) specifies.