Administrative Decisions Review Act 1997 (NSW)

Administrative Decisions Review Act 1997 No 76

An Act to provide for the administrative review by the Civil and Administrative Tribunal of certain decisions of administrators; and for other purposes.

Chapter 1 Preliminary

1 Name of Act This Act is the Administrative Decisions Review Act 1997.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows: (a) to provide a preliminary process for the internal review of administratively reviewable decisions before the administrative review of such decisions by the Tribunal under this Act, (b) to require administrators making administratively reviewable decisions to notify persons of decisions affecting them and of any review rights they might have and to provide reasons for decisions of administrators on request, (c) to foster an atmosphere in which administrative review by the Tribunal is viewed positively as a means of enhancing the delivery of services and programs, (d) to promote and effect compliance by administrators with legislation enacted by Parliament for the benefit of the citizens of New South Wales.

4 Definitions (1) In this Act: administrative review jurisdiction of the Tribunal—see section 9. administratively reviewable decision—see section 7. administrator—see section 8. decision—see section 6. enabling legislation means legislation (other than this Act or any statutory rules made under this Act) that: (a) provides for applications to be made to the Tribunal with respect to a specified matter or class of matters, or (b) otherwise enables the Tribunal to exercise functions with respect to a specified matter or class of matters. function includes a power, authority or duty, and exercise a function includes perform a duty. interested person means a person who is entitled under enabling legislation to make an application to the Tribunal for an administrative review under this Act of an administratively reviewable decision. internal review means an internal review conducted under section 53. legislation means an Act or a statutory rule. lodge a document includes file a document. President means the President of the Tribunal. procedural rules has the same meaning as in the Civil and Administrative Tribunal Act 2013. Tribunal means the Civil and Administrative Tribunal. (2) A reference in this Act to the exercise by the Tribunal of its functions in relation to enabling legislation includes a reference both to its functions under the enabling legislation and its functions under this Act in relation to the enabling legislation. (3) A reference (however described) in this Act to a decision made under enabling legislation is taken, in relation to an administratively reviewable decision, to include a reference to any decision made in the exercise of functions identified by the enabling legislation. (4) Notes included in this Act do not form part of this Act.