New South Wales Consolidated Acts

LICENSING AND REGISTRATION (UNIFORM PROCEDURES) ACT 2002 - SECT 23

23 Review of decisions

(1) An applicant who is aggrieved by the relevant licensing authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:

(a) to the extent to which the relevant licensing legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or

(b) to the extent to which the relevant licensing legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.

(2) An objector who is aggrieved by the relevant licensing authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:

(a) to the extent to which the relevant licensing legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or

(b) to the extent to which the relevant licensing legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.

(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997 , the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any objection has been duly made under section 15, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.