New South Wales Consolidated Acts

HOME CARE SERVICE ACT 1988 - SECT 17A

17A Appeals to the Community Services Appeals Tribunal

(1) An appeal may be made to the Community Services Appeals Tribunal constituted by the Community Services (Complaints, Appeals and Monitoring) Act 1993 against a decision made under or for the purposes of this Act by:

(a) the Minister, or

(b) the Service, or

(c) any other person or body at the request of the Minister or the Service,

if it is a decision within a class of decisions prescribed by the regulations for the purposes of this section.

(2) If there is a failure to make within a reasonable time a decision referred to in subsection (1) (b) or (c) that, if made, could be the subject of an appeal to the Tribunal, the Tribunal may:

(a) treat the failure as an unfavourable decision with respect to the applicant for the decision, and

(b) permit the applicant to appeal to the Tribunal as if the unfavourable decision had in fact been made.