2004
2004
2005-07-01
act
government
publicspecial
act.reprint
allinforce
2004-09-01
2004-09-01
0
2005-07-01
act-2005-064
2004
none
act-2004-081
29c7c6af-7afe-4a95-a91c-1e6691fc681e
4915e985-2851-4890-a269-045bc7e8b38d
Note—
The Act was repealed by Sch 3 to the Statute Law (Miscellaneous Provisions) Act 2005
No 64 with effect from 1.7.2005.
An Act to amend the Administrative Decisions Tribunal Act
1997 to make further provision with respect to
interlocutory matters; to amend certain Acts to provide direct rights of
appeal to the Supreme Court from the Administrative Decisions Tribunal instead
of to an Appeal Panel of the Tribunal; and for other
purposes.
1Name of
Act
This Act is the Administrative
Decisions Tribunal Amendment Act
2004.
2Commencement
(1)
This Act commences on a day or days to be
appointed by proclamation, except as provided by subsection
(2).
(2)
Schedule 2.2 commences on the date of assent to
this Act.
3Amendment of Administrative Decisions Tribunal Act 1997 No
76
The Administrative
Decisions Tribunal Act 1997 is amended as set out in
Schedule 1.
4Amendment of other
Acts
The Acts specified in Schedule 2 are amended as
set out in that Schedule.
Schedule 1Amendment of Administrative Decisions Tribunal Act
1997
(Section 3)
[1]Section
24A
Insert after section 24:
24AConstitution of Tribunal for
exercise of interlocutory functions
(1)
In this section:
interlocutory function means the
making of any order or other decision by the Tribunal (including an Appeal
Panel of the Tribunal) in proceedings in respect of any of the
following:
(a)
stays or adjournments,
(b)
prohibition or restriction of the disclosure,
broadcast or publication of matters by order under section
75,
(c)
summonses,
(d)
extensions of time for any matter (including for
the lodgment of applications or appeals),
(e)
evidential matters,
(f)
disqualification of members,
(g)
joinder of parties to
proceedings,
(h)
summary dismissal of
proceedings,
(i)
any other interlocutory issue before the
Tribunal.
(2)
In exercising any of its interlocutory functions,
the Tribunal may be constituted by:
(a)
in the case of a function of the Tribunal in
relation to an internal appeal or external appeal—one presidential
judicial member who is assigned by the President for the purpose of exercising
the function, or
(b)
in the case of a function of the Tribunal
otherwise than in relation to an internal appeal or external appeal—one
judicial member of the Division to which the function concerned is allocated
who is assigned by the President or (subject to any direction of the
President) the Divisional Head for the purpose of exercising the
function.
(3)
Nothing in this section prevents a differently
constituted Tribunal from exercising an interlocutory function or any other
function of the Tribunal if the Tribunal is duly constituted to exercise that
function apart from this section.
(4)
This section has effect despite any other
requirement of this Act or any other enactment relating to the constitution of
the Tribunal for the exercise of its functions.
[2]Section 113 Right to appeal
against appealable decisions of the Tribunal
Insert after section 113 (2):
(2A)
Despite subsections (1) and (2), an appeal does
not lie to an Appeal Panel of the Tribunal against an interlocutory decision
of the Tribunal except by leave of the Appeal Panel.
(2B)
For the purposes of determining whether to grant
leave to appeal under subsection (2A), an Appeal Panel may be constituted by
one presidential judicial member who is assigned by the President to make that
determination.
(2C)
The provisions of subsection (2B):
(a)
have effect despite any other requirement of this
Act or any other enactment relating to the constitution of an Appeal Panel for
the exercise of its functions, and
(b)
do not prevent a differently constituted Appeal
Panel from determining whether to grant leave to appeal under subsection (2A)
if the Panel is duly constituted to exercise that function apart from
subsection (2B).
[3]Schedule 5 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Administrative
Decisions Tribunal Amendment Act
2004
[4]Schedule 5, Part
8
Insert after Part 7:
Part 8Provisions consequent on
enactment of Administrative Decisions Tribunal
Amendment Act 2004
36Definitions
In this Part:
amending
Act means the Administrative
Decisions Tribunal Amendment Act
2004.
appeal
abolition date, in relation to a right to appeal to an
Appeal Panel, means:
(a)
in relation to appeals against decisions of the
Tribunal under the Architects Act
2003—the day on which Part 4A of that Act (as
inserted by the amending Act) commences, and
(b)
in relation to appeals against decisions of the
Tribunal under the Surveying Act
2002—the day on which Part 6A of that Act (as
inserted by the amending Act) commences, and
(c)
in relation to appeals against decisions of the
Tribunal under the Veterinary Practice Act
2003—the day on which Part 9A of that Act (as
inserted by the amending Act) commences, and
(d)
in relation to appeals against decisions of the
Tribunal under the Veterinary Surgeons Act
1986—the day on which Part 6B of that Act (as
inserted by the amending Act) commences.
existing
right to appeal means a right to appeal to an Appeal Panel
against a decision of the Tribunal that was in existence immediately before
the appeal abolition date for that right (whether or not that right was
exercised before that date).
37Pending proceedings before an
Appeal Panel
(1)
This clause applies to proceedings before an
Appeal Panel of the Tribunal that:
(a)
were instituted in exercise of an existing right
to appeal, and
(b)
have not been finally determined by the Appeal
Panel before the appeal abolition date for that appeal
right.
(2)
Subject to clause 39, proceedings to which this
clause applies are to be determined as if the amending Act had not been
enacted.
(3)
Accordingly, any rules, regulations or other law
that would have been applicable to the proceedings had the amending Act not
been enacted continue to apply to the proceedings as if the amending Act had
not been enacted.
38Existing rights of appeal to
Appeal Panel
(1)
This clause applies to an existing right to
appeal that had not been exercised before the appeal abolition
date.
(2)
No appeal lies to an Appeal Panel under an
existing right to appeal to which this clause applies on or after the appeal
abolition date, but lies instead to the Supreme Court under the new appeal
provisions as if those provisions had been in force at the time the right to
appeal first accrued.
(3)
For the purposes of this clause, the new
appeal provisions are:
(a)
in relation to appeals against decisions of the
Tribunal under the Architects Act
2003—Part 4A of that Act (as inserted by the
amending Act), and
(b)
in relation to appeals against decisions of the
Tribunal under the Surveying Act
2002—Part 6A of that Act (as inserted by the
amending Act), and
(c)
in relation to appeals against decisions of the
Tribunal under the Veterinary Practice Act
2003—Part 9A of that Act (as inserted by the
amending Act), and
(d)
in relation to appeals against decisions of the
Tribunal under the Veterinary Surgeons Act
1986—Part 6B of that Act (as inserted by the
amending Act).
(4)
Despite anything in the Supreme Court Act 1970 or the rules of
court made under that Act, an appeal made to the Supreme Court pursuant to
this clause must be made within the same period provided by or under this Act
for an appeal to an Appeal Panel immediately before the relevant appeal
abolition date.
39Interlocutory
matters
(1)
Section 24A (as inserted by the amending Act)
extends to proceedings that were pending before (but not yet heard by) the
Tribunal immediately before the commencement of that
section.
(2)
Section 113 (2A)–(2C) (as inserted by the
amending Act) do not apply to the following:
(a)
any right to appeal to an Appeal Panel that had
accrued (but not been exercised) before the date on which those subsections
commenced,
(b)
any appeal to an Appeal Panel that was pending
before the Panel immediately before the date on which those subsections
commenced.
Schedule 2Amendment of other
Acts
(Section 4)
2.1Architects Act 2003 No
89
[1]Section 21 Restrictions on
registration of de-registered persons
Omit section 21 (6).
[2]Section 49 Appeals to Appeal
Panel against decisions and orders of Tribunal under this
Division
Omit the section.
[3]Part 4A
Insert after Part 4:
Part 4AAppeals against decisions of
Tribunal
58ADefinition
In this Part:
architect
decision means an order or other decision of the Tribunal
made in proceedings commenced by an application made under this Act (whether
made in exercise of its review jurisdiction or original jurisdiction under the
Administrative Decisions Tribunal Act
1997).
58BApplication of Administrative Decisions Tribunal Act
1997
The provisions of Part 1 of Chapter 7 of the
Administrative Decisions Tribunal Act
1997 do not apply to an architect decision.
Note—
Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act
1997 provides that certain decisions of the Tribunal may
be appealed to an Appeal Panel of the Tribunal.
58CRight to appeal to Supreme
Court
(1)
A party to any proceedings in which the Tribunal
has made an architect decision may appeal to the Supreme Court against the
decision of the Tribunal.
(2)
An appeal under this Part to the Supreme
Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the decision
concerned.
(3)
Despite subsections (1) and (2), an appeal does
not lie to the Supreme Court under this Part against any of the following
decisions of the Tribunal except by leave of the Supreme Court:
(a)
an interlocutory decision,
(b)
a decision made with the consent of the
parties,
(c)
a decision as to
costs.
(4)
The Tribunal (or any of the members constituting
the Tribunal) cannot be made a party to an appeal under this Part. Rules of
court made under the Supreme Court Act
1970 may make provision for the parties to any such appeal
(including the designation of a respondent where the only party in the
proceedings from which the appeal is brought was the
appellant).
(5)
An appeal to the Supreme Court under this Part
must be made:
(a)
within such time and in such manner as is
prescribed by rules of court made under the Supreme Court Act
1970, or
(b)
within such further time as the Supreme Court may
allow.
58DAppeals on questions of
law
(1)
If an appeal under this Part is restricted to
questions of law, the Supreme Court is to determine the appeal and may make
such orders as it thinks appropriate in light of its
determination.
(2)
The orders that may be made by the Supreme Court
on appeal include (but are not limited to):
(a)
an order affirming or setting aside the decision
of the Tribunal, and
(b)
an order remitting the case to be heard and
decided again by the Tribunal (either with or without the hearing of further
evidence) in accordance with the directions of the Supreme
Court.
58EAppeals on the
merits
(1)
If an appeal under this Part extends to a review
of the merits of an architect decision, the Supreme Court is to decide what
the correct and preferable decision is having regard to the material then
before it, including the following:
(a)
any relevant factual
material,
(b)
any applicable written or unwritten
law.
(2)
The Supreme Court may exercise all the functions
that are conferred or imposed by or under this Act or the Administrative Decisions Tribunal Act
1997 on the Tribunal to make the decision
concerned.
(3)
In determining any such appeal, the Supreme Court
may decide:
(a)
to affirm the decision, or
(b)
to vary the decision, or
(c)
to set aside the decision and make a decision in
substitution for the decision it set aside.
58FAppeal does not stay decision
appealed against
Subject to any interlocutory order made by the
Supreme Court, an appeal under this Part does not affect the operation of the
architect decision appealed against or prevent the taking of action to
implement the decision.
2.2Children and Young Persons (Care and Protection) Act
1998 No 157
[1]Section 264
Regulations
Insert after section 264 (1A) (i):
(j)
providing for the review by the Administrative
Decisions Tribunal of a decision, or failure to make a decision, in relation
to a family day care children’s service of a class prescribed by the
regulations.
[2]Section 264
(1B)
Insert “or (j)” after
“subsection (1A) (i)”.
2.3Surveying Act 2002 No
83
Part 6A
Insert after Part 6:
Part 6AAppeals against decisions of
Tribunal
32ADefinitions
In this Part:
surveyor
decision means an order or other decision of the Tribunal
made in proceedings commenced by an application made under section 14 of this
Act.
Tribunal means the Administrative
Decisions Tribunal.
32BApplication of Administrative Decisions Tribunal Act
1997
The provisions of Part 1 of Chapter 7 of the
Administrative Decisions Tribunal Act
1997 do not apply to a surveyor decision.
Note—
Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act
1997 provides that certain decisions of the Tribunal may
be appealed to an Appeal Panel of the Tribunal.
32CRight to appeal to Supreme
Court
(1)
A party to any proceedings in which the Tribunal
has made a surveyor decision may appeal to the Supreme Court against the
decision of the Tribunal.
(2)
An appeal under this Part to the Supreme
Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the decision
concerned.
(3)
Despite subsections (1) and (2), an appeal does
not lie to the Supreme Court under this Part against any of the following
decisions of the Tribunal except by leave of the Supreme Court:
(a)
an interlocutory decision,
(b)
a decision made with the consent of the
parties,
(c)
a decision as to
costs.
(4)
The Tribunal (or any of the members constituting
the Tribunal) cannot be made a party to an appeal under this Part. Rules of
court made under the Supreme Court Act
1970 may make provision for the parties to any such appeal
(including the designation of a respondent where the only party in the
proceedings from which the appeal is brought was the
appellant).
(5)
An appeal to the Supreme Court under this Part
must be made:
(a)
within such time and in such manner as is
prescribed by rules of court made under the Supreme Court Act
1970, or
(b)
within such further time as the Supreme Court may
allow.
32DAppeals on questions of
law
(1)
If an appeal under this Part is restricted to
questions of law, the Supreme Court is to determine the appeal and may make
such orders as it thinks appropriate in light of its
determination.
(2)
The orders that may be made by the Supreme Court
on appeal include (but are not limited to):
(a)
an order affirming or setting aside the decision
of the Tribunal, and
(b)
an order remitting the case to be heard and
decided again by the Tribunal (either with or without the hearing of further
evidence) in accordance with the directions of the Supreme
Court.
32EAppeals on the
merits
(1)
If an appeal under this Part extends to a review
of the merits of a surveyor decision, the Supreme Court is to decide what the
correct and preferable decision is having regard to the material then before
it, including the following:
(a)
any relevant factual
material,
(b)
any applicable written or unwritten
law.
(2)
The Supreme Court may exercise all the functions
that are conferred or imposed by or under this Act or the Administrative Decisions Tribunal Act
1997 on the Tribunal to make the decision
concerned.
(3)
In determining any such appeal, the Supreme Court
may decide:
(a)
to affirm the decision, or
(b)
to vary the decision, or
(c)
to set aside the decision and make a decision in
substitution for the decision it set aside.
32FAppeal does not stay decision
appealed against
Subject to any interlocutory order made by the
Supreme Court, an appeal under this Part does not affect the operation of the
surveyor decision appealed against or prevent the taking of action to
implement the decision.
2.4Veterinary Practice Act 2003 No
87
[1]Section 51 Tribunal’s
powers when complaint proved
Omit “an Appeal Panel of the Tribunal on
appeal under section 52” from section 51 (4).
Insert instead “the Supreme Court on appeal
under Part 9A”.
[2]Section 52 Appeal against
orders of the Tribunal in its original jurisdiction
Omit the section.
[3]Section 54 Recording of
proceedings and orders of Tribunal, Board and committees
Omit “the Appeal Panel of the Tribunal in
an appeal under section 52” from section 54 (3) (a).
Insert instead “the Supreme Court on appeal
under Part 9A”.
[4]Part 9A
Insert after Part 9:
Part 9AAppeals against decisions of
Tribunal
91ADefinitions
In this Part:
original
decision means an order made by the Tribunal under section
51.
review
decision means a decision of the Tribunal made in
proceedings commenced by an application made under this Act for the review of
a decision of the Board.
91BApplication of Administrative Decisions Tribunal Act
1997
The provisions of Part 1 of Chapter 7 of the
Administrative Decisions Tribunal Act
1997 do not apply to a review decision or original
decision.
Note—
Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act
1997 provides that certain decisions of the Tribunal may
be appealed to an Appeal Panel of the Tribunal.
91CRight to appeal to Supreme
Court against review decision of Tribunal
(1)
A party to any proceedings in which the Tribunal
has made a review decision may appeal to the Supreme Court against the
decision of the Tribunal.
(2)
An appeal under this section to the Supreme
Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the order or other decision
concerned.
91DRight to appeal to Supreme
Court against original decision of Tribunal
(1)
The following persons may appeal to the Supreme
Court against an original decision of the Tribunal:
(a)
the veterinary practitioner or former veterinary
practitioner against whom the decision was made,
(b)
the person who made the original complaint, but
only:
(i)
on a question of law, or
(ii)
with respect to any penalty
imposed.
(2)
Subject to subsection (1) (b), an appeal under
this section to the Supreme Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the decision
concerned.
91EAppeals against interlocutory
decisions
An appeal does not lie to the Supreme Court under
this Part against any of the following decisions of the Tribunal except by
leave of the Supreme Court:
(a)
an interlocutory decision,
(b)
a decision made with the consent of the
parties,
(c)
a decision as to
costs.
91FAppeals on questions of
law
(1)
If an appeal under this Part is restricted to
questions of law, the Supreme Court is to determine the appeal and may make
such orders as it thinks appropriate in light of its
determination.
(2)
The orders that may be made by the Supreme Court
on appeal include (but are not limited to):
(a)
an order affirming or setting aside the decision
of the Tribunal, and
(b)
an order remitting the case to be heard and
decided again by the Tribunal (either with or without the hearing of further
evidence) in accordance with the directions of the Supreme
Court.
(3)
Without limiting subsection (2), in any appeal
against an original decision the Supreme Court may, in respect of the
veterinary practitioner concerned:
(a)
make any order that could have been made under
section 51, or
(b)
vary any decision made by the
Tribunal.
91GAppeals on the
merits
(1)
If an appeal under this Part extends to a review
of the merits of a review decision or original decision, the Supreme Court is
to decide what the correct and preferable decision is having regard to the
material then before it, including the following:
(a)
any relevant factual
material,
(b)
any applicable written or unwritten
law.
(2)
The Supreme Court may exercise all the functions
that are conferred or imposed by or under this Act or the Administrative Decisions Tribunal Act
1997 on the Tribunal to make the decision
concerned.
(3)
In determining any such appeal, the Supreme Court
may decide:
(a)
to affirm the decision, or
(b)
to vary the decision, or
(c)
to set aside the decision and make a decision in
substitution for the decision it set aside.
91HAppeal does not stay decision
appealed against
Subject to any interlocutory order made by the
Supreme Court, an appeal under this Part does not affect the operation of the
review decision or original decision appealed against or prevent the taking of
action to implement the decision.
91IProcedure on
appeal
(1)
The provisions of section 75 of the Administrative Decisions Tribunal Act
1997 apply (subject to the rules of the Supreme Court) in
respect of the hearing of an appeal against an original decision in the same
way as those provisions apply in respect of the hearing of a complaint by the
Tribunal.
(2)
The Tribunal (or any of the members constituting
the Tribunal) cannot be made a party to an appeal under this Part. Rules of
court made under the Supreme Court Act
1970 may make provision for the parties to any such appeal
(including the designation of a respondent where the only party in the
proceedings from which the appeal is brought was the
appellant).
(3)
An appeal to the Supreme Court under this Part
must be made:
(a)
within such time and in such manner as is
prescribed by rules of court made under the Supreme Court Act
1970, or
(b)
within such further time as the Supreme Court may
allow.
2.5Veterinary Surgeons Act 1986 No
55
[1]Section 25G Effect of
suspension
Omit “an Appeal Panel of the Tribunal on
appeal under section 34” from section 25G (3).
Insert instead “the Supreme Court on appeal
under Part 6B”.
[2]Section 34 Appeal against
orders of the Tribunal in its original jurisdiction
Omit the section.
[3]Section 36 Recording of
proceedings and decision of Investigating Committee and orders of Tribunal and
Board
Omit “the Appeal Panel of the Tribunal in
an appeal under section 34” from section 36 (3) (a).
Insert instead “the Supreme Court on appeal
under Part 6B”.
[4]Part 6B
Insert after Part 6A:
Part 6BAppeals against decisions of
Tribunal
54GDefinitions
In this Part:
original
decision means an order made by the Tribunal under section
32.
review
decision means a decision of the Tribunal made in
proceedings commenced by an application made under this Act for the review of
a decision of the Investigating Committee or the
Board.
54HApplication of Administrative Decisions Tribunal Act
1997
The provisions of Part 1 of Chapter 7 of the
Administrative Decisions Tribunal Act
1997 do not apply to a review decision or original
decision.
Note—
Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act
1997 provides that certain decisions of the Tribunal may
be appealed to an Appeal Panel of the Tribunal.
54IRight to appeal to Supreme
Court against review decision of Tribunal
(1)
A party to any proceedings in which the Tribunal
has made a review decision may appeal to the Supreme Court against the
decision of the Tribunal.
(2)
An appeal under this section to the Supreme
Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the order or other decision
concerned.
54JRight to appeal to Supreme
Court against original decision of Tribunal
(1)
The following persons may appeal to the Supreme
Court against an original decision of the Tribunal:
(a)
the registered veterinary surgeon or former
registered veterinary surgeon against whom the decision was
made,
(b)
the person who made the original complaint, but
only:
(i)
on a question of law, or
(ii)
with respect to any penalty
imposed.
(2)
Subject to subsection (1) (b), an appeal under
this section to the Supreme Court:
(a)
may be made on any question of law,
and
(b)
with the leave of the Supreme Court, may extend
to a review of the merits of the decision
concerned.
54KAppeals against interlocutory
decisions
An appeal does not lie to the Supreme Court under
this Part against any of the following decisions of the Tribunal except by
leave of the Supreme Court:
(a)
an interlocutory decision,
(b)
a decision made with the consent of the
parties,
(c)
a decision as to
costs.
54LAppeals on questions of
law
(1)
If an appeal under this Part is restricted to
questions of law, the Supreme Court is to determine the appeal and may make
such orders as it thinks appropriate in light of its
determination.
(2)
The orders that may be made by the Supreme Court
on appeal include (but are not limited to):
(a)
an order affirming or setting aside the decision
of the Tribunal, and
(b)
an order remitting the case to be heard and
decided again by the Tribunal (either with or without the hearing of further
evidence) in accordance with the directions of the Supreme
Court.
(3)
Without limiting subsection (2), in any appeal
against an original decision the Supreme Court may, in respect of the
veterinary surgeon concerned:
(a)
make any order that could have been made under
section 32, or
(b)
vary any decision made by the
Tribunal.
54MAppeals on the
merits
(1)
If an appeal under this Part extends to a review
of the merits of a review decision or original decision, the Supreme Court is
to decide what the correct and preferable decision is having regard to the
material then before it, including the following:
(a)
any relevant factual
material,
(b)
any applicable written or unwritten
law.
(2)
The Supreme Court may exercise all the functions
that are conferred or imposed by or under this Act or the Administrative Decisions Tribunal Act
1997 on the Tribunal to make the decision
concerned.
(3)
In determining any such appeal, the Supreme Court
may decide:
(a)
to affirm the decision, or
(b)
to vary the decision, or
(c)
to set aside the decision and make a decision in
substitution for the decision it set aside.
54NAppeal does not stay decision
appealed against
Subject to any interlocutory order made by the
Supreme Court, an appeal under this Part does not affect the operation of the
review decision or original decision appealed against or prevent the taking of
action to implement the decision.
54OProcedure on
appeal
(1)
The provisions of section 75 of the Administrative Decisions Tribunal Act
1997 apply (subject to the rules of the Supreme Court) in
respect of the hearing of an appeal against an original decision in the same
way as those provisions apply in respect of the hearing of a complaint by the
Tribunal.
(2)
The Tribunal (or any of the members constituting
the Tribunal) cannot be made a party to an appeal under this Part. Rules of
court made under the Supreme Court Act
1970 may make provision for the parties to any such appeal
(including the designation of a respondent where the only party in the
proceedings from which the appeal is brought was the
appellant).
(3)
An appeal to the Supreme Court under this Part
must be made:
(a)
within such time and in such manner as is
prescribed by rules of court made under the Supreme Court Act
1970, or
(b)
within such further time as the Supreme Court may
allow.
Historical
notes
Table of amending
instruments
Administrative
Decisions Tribunal Amendment Act 2004 No 81. Second
reading speech made: Legislative Assembly, 1.9.2004; Legislative Council,
26.10.2004. Assented to 3.11.2004. Date of commencement, Sch 2.2 excepted,
1.1.2005, sec 2 (1) and GG No 200 of 17.12.2004, p 9302; date of commencement
of Sch 2.2, assent, sec 2 (2).