Administrative Review Tribunal Regulations 2002 (NI)

NORFOLK ISLAND

ADMINISTRATIVE REVIEW TRIBUNAL Regulations 2002 Regulations No. 7 of 2002 ________

TABLE OF PROVISIONS Section 1. Short title 2. Interpretation 3. Commencement 4. Application for review of decision 5. Application for extension of time for lodging application for review of decision 6. Notice of opposition to application for extension of time for lodging application for review of decision 7. Application to be made party to a proceeding 8. Notice to decision maker to lodge documents 9. Request for order to shorten time for lodging copies of material documents 10. Request for a direction suspending or modifying the operation or enforcement of a decision pending determination of application 11. Summons to give evidence 12. Summons to give evidence and produce books, etc 13. Summons to produce books, documents, etc 14. Fee for application to review a decision 15. Other fees Schedule 1

NORFOLK ISLAND

ADMINISTRATIVE REVIEW TRIBUNAL REGULATIONS 2002

Regulations No. 7 of 2002 ________

I, Anthony John Messner, Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following Regulations under the Administrative Review Tribunal Act 1996.

Dated 4 December 2002. A.J. Messner Administrator By His Honour's Command G.R. Gardner Chief Minister and Minister for Intergovernment Relations ________

Short title 1. These Regulations may be cited as the Administrative Review Tribunal Regulations 2002. Interpretation 2. (1) In these Regulations — "the Act" means the Administrative Review Tribunal Act 1996; "Tribunal" means the Administrative Review Tribunal established under the Administrative Review Tribunal Act 1996. (2) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1. Commencement 3. These Regulations shall commence operation on the date upon which notification of their being made is published in the gazette. Application for review of decision 4. For the purpose of paragraph 22(1)(b) of the Act, an application for a review of a decision shall be in accordance with Form 1. Application for extension of time for lodging application for review of decision 5. For the purpose of subsection 22(7) of the Act, an application for extension of time for lodging an application for review of a decision shall be in accordance with Form 2. Notice of opposition to application for extension of time for lodging application for review of decision 6. For the purpose of subsection 22(10) of the Act, a notice of opposition to an application for the extension of time for lodging an application for review of a decision shall be in accordance with Form 3. Application to be made party to a proceeding 7. For the purpose of subsection 23(2) of the Act, an application to be made a party to a proceeding shall be in accordance with Form 4. Notice to decision maker to lodge documents 8. For the purpose of subsection 27(1) of the Act, a notice to the decision maker to lodge documents shall be in accordance with Form 5. Request for order to shorten time for lodging copies of material documents 9. For the purpose of subsection 27(4) of the Act, a request for an order to shorten the time for lodging copies of material documents shall be in accordance with Form 6. Request for a direction suspending or modifying the operation or enforcement of a decision pending determination of application 10. For the purpose of subsection 33(2) of the Act, a request for a direction suspending or modifying the operation or enforcement of a decision pending the making or determination of the application shall be made in accordance with Form 7. Summons to give evidence 11. For the purpose of paragraph 12(2)(a) of the Act, a summons to give evidence shall be issued in accordance with Form 8. Summons to give evidence and produce books, etc 12. For the purpose of paragraph 12(2)(b) of the Act, a summons to give evidence and produce books, documents or things shall be issued in accordance with Form 9. Summons to produce books, documents, etc 13. For the purpose of paragraph 12(2)(c) of the Act, a summons to produce books, documents or things shall be issued in accordance with Form 10. Fee for application to review a decision 14. (1) Subject to subregulations 14(2), 14(4) and 14(9), a fee of 17 fee units is payable by a person lodging with the Tribunal an application for review of a decision under paragraph 22(1)(b) of the Act. (2) Subject to subregulations 14(4) and 14(9), a fee of 1.7 fee units is payable if the person lodging the application is, at the time the application is lodged, a recipient of a benefit under the Social Services Act 1980. (3) An application fee under subregulation 14(1) or 14(2) shall be paid at the same time the application is lodged. However, a person is not required to pay the application fee at the same time if he or she submits a request to waive the application fee in accordance with subregulation 14(5). (4) The application fee referred to in subregulation 14(1) or 14(2) is not payable by the person lodging the application if the President of the Tribunal approves a request from the applicant to waive the fee. (5) A request to waive the application fee shall be lodged in accordance with Form 11 and shall also accompany the application for review of a decision under paragraph 22(1)(b) of the Act. (6) The President of the Tribunal shall, within 14 days after the request has been made to waive the application fee, make a decision to approve or not approve the request.