New South Wales Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 28

28 Reviews by Administrative Decisions Tribunal

(1) An objector may apply to the Administrative Decisions Tribunal for a review of the decision (the "original decision") to which the objection was made if:

(a) the objector is dissatisfied with the Chief Commissioner’s determination of the objection, or

(b) 90 days have passed since the objection was lodged with the Chief Commissioner and the Chief Commissioner has not determined the objection.

(2) The applicant’s and respondent’s cases on an application for review are not limited to the grounds of the objection.

(3) The applicant has the onus of proving the applicant’s case in an application for review.

(4) An application for review:

(a) following a determination by the Chief Commissioner of an objection-must be made not later than 60 days after the date of issue of the notice of the Chief Commissioner’s determination of the objection, or

(b) following a failure of the Chief Commissioner to determine an objection within the relevant 90-day period-may be made at any time after the end of that period (but must be made as required by paragraph (a) following a subsequent determination of the objection by the Chief Commissioner).

(5) The Administrative Decisions Tribunal may extend the time for making an application for review.

(6) The following provisions of the Administrative Decisions Tribunal Act 1997 do not apply to an application made under this section:

(a) Part 2 of Chapter 5,

(b) section 55 (1) (b) and (d),

(c) Division 2 of Part 3 of Chapter 5.

(7) For the purposes of section 58 (1) (a) of the Administrative Decisions Tribunal Act 1997 :

(a) the obligation of the Chief Commissioner under that paragraph to lodge a statement of reasons with the Administrative Decisions Tribunal in respect of an application is limited to providing the Tribunal with a statement of reasons only in respect of the matters arising from the grounds specified in the application, and

(b) if one of the grounds specified in the application relates to a matter raised in an objection determined by the Chief Commissioner-the Chief Commissioner may rely on reasons previously given to the objector by the Chief Commissioner under section 26 for the determination of the objection in explanation of that part of the original decision.