New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 267

Appealable decisions may be appealed to Local Court

267 Appealable decisions may be appealed to Local Court

(cf Gen Reg, cll 13 (2)-(5), 15 (2)-(4), 18 (5)-(7), 22 (3)-(5), 25AA, 25 (3), 28 (2), 29A (2), 29B (3) and 140 (2)-(5))

(1) A person may appeal to the Local Court under this Part against an appealable decision made in relation to the person by another person (the
"decision-maker" ) by filing a notice of appeal with the Court.
(2) Subject to section 268 (6), the notice of appeal must be filed with the Local Court:
(a) no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision, or
(b) within such other period as may be prescribed by the statutory rules (whether for the class of decision concerned or generally).
Note : This Act or the statutory rules may in some cases expressly provide for the manner in which a particular kind of appealable decision is to be notified to a person. See, for example, the service requirements for immediate licence suspension notices.
(3) Subject to the rules of court of the Local Court, the notice of appeal must specify the grounds of the appeal.
(4) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this section:
(a) in the case of an appealable decision made by or on behalf of the Authority-to the Authority, or
(b) in the case of an appealable decision made by the Commissioner of Police or a police officer-to the Commissioner of Police, or
(c) in the case of any other appealable decision-to the decision-maker or such other person as may be prescribed by the statutory rules.
(5) A notice given under subsection (4) is to inform the person to whom it is given of the grounds of the appeal.
(6) The time of the hearing of an appeal under this Part must be not earlier than 28 days after the date on which the notice under subsection (4) is given.
(7) The hearing of an appeal under this Part may proceed despite any omission or error in a notice under subsection (4), or the failure to give any such notice, if the Local Court is satisfied that the appellant and the person to whom the notice was to be given had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.



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