New South Wales Consolidated Acts

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ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 4

Definitions

4 Definitions

(1) In this Act:
"administrator" -see section 9.
"Appeal Panel" of the Tribunal means:
(a) in relation to an external appeal-an Appeal Panel of the Tribunal constituted in accordance with section 22, or
(b) in relation to an internal appeal-an Appeal Panel of the Tribunal constituted in accordance with section 24.
"application" -see section 142.
"assessor" means an assessor of the Tribunal appointed under this Act.
"decision" -see section 6.
"decision-maker", in relation to an external appeal, means the person or body that made the decision that is the subject of the appeal.
"Deputy President" means a Deputy President of the Tribunal.
"Division" of the Tribunal means a Division of the Tribunal specified in Schedule 1.
"Division member", in relation to a Division of the Tribunal, means a member who is assigned to that Division.
"Divisional Head" of a Division means the member who is appointed under section 16 as the Divisional Head of that Division, or who is taken to be so appointed by Schedule 5.
"enactment" -see section 5.
"exercise" a function includes perform a duty.
"external appeal" means an appeal referred to in Part 1A of Chapter 7.
"function" includes a power, authority or duty.
"interested person" means a person who is entitled under an enactment to make an application to the Tribunal for an original decision or a review of a reviewable decision (as the case may be).
"internal appeal" means an appeal made under Part 1 of Chapter 7 against a decision of the Tribunal.
"internal review" means an internal review conducted under section 53.
"judicial member" of the Tribunal means the President, a Deputy President or a non-presidential judicial member.
"judicial officer" means:
(a) a Magistrate, or
(b) a Judge of the District Court, or
(c) a Judicial Member of the Industrial Relations Commission, or
(d) a Judge of the Land and Environment Court, or
(e) a Judge of the Supreme Court.
"lodge" a document includes file a document.
"member" of the Tribunal means the President, a Deputy President, a non-presidential judicial member or a non-judicial member.
"non-judicial member" of the Tribunal means a member other than the President, a Deputy President or a non-presidential judicial member.
"original decision" -see section 7.
"parties" to proceedings-see section 67.
"practising legal practitioner" means an Australian legal practitioner.
"President" means the President of the Tribunal.
"presidential judicial member" of the Tribunal means the President or a Deputy President.
"Registrar" means the Registrar of the Tribunal.
"relevant Divisional Head", in relation to any proceedings before the Tribunal, means the Divisional Head of the Division of the Tribunal to which the function of determining the proceedings is allocated.
"reviewable decision" -see section 8.
"Rule Committee" means the Rule Committee of the Tribunal established by section 92.
"rules of the Tribunal" or "rules" means rules made by the Rule Committee.
"Tribunal" means the Administrative Decisions Tribunal of New South Wales established by this Act.
(2) A reference in this Act to the exercise by the Tribunal of its functions in relation to an enactment includes a reference both to its functions under the enactment and its functions under this Act in relation to the enactment.
(3) A reference (however described) in this Act to a decision made under an enactment is taken, in relation to a reviewable decision or a decision that is subject to an external appeal, to include a reference to any decision made in the exercise of functions identified by the enactment.



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