When is the deadline for ncat application for administrative review of a reviewable decision?
The catalogue records a 28 days period from The day on which the internal review is taken to have been finalised under Administrative Decisions Review Act 1997 (NSW) s 53(9). This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 28 days
- Trigger
- The day on which the internal review is taken to have been finalised under Administrative Decisions Review Act 1997 (NSW) s 53(9)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Civil and Administrative Tribunal Act 2013 (NSW) s 41: the Tribunal may, of its own motion or on application, extend the period, and the application may be made after the period has expired. Not computed.
- Corrected on verification: the researched entry cited Administrative Decisions Review Act 1997 (NSW) s 55 as the source of the 28 days and purported to quote it. Section 55 contains NO period. s 55(2) says only that, subject to enabling legislation, "an application is to be made in the time and manner prescribed by the procedural rules". The 28 days is prescribed by the procedural rules, namely Civil and Administrative Tribunal Rules 2014 (NSW) r 24(3)(b) and r 24(4)(a). Two further qualifications the researched entry missed and which change the answer: r 24(3)(a) gives priority to any period specified in the enabling legislation, and r 24(4)(b) supplies a DIFFERENT 28 day trigger where no internal review was sought, running from the provision of a statement of reasons under s 49 or notification of refusal under s 50, or if reasons were not requested, from notification of the decision. r 24(4)(a1) supplies a further special rule for Privacy and Personal Information Protection Act 1998 (NSW) s 55 applications. s 55(3) of the Administrative Decisions Review Act remains the precondition that where internal review was available it must have been duly sought and taken to be finalised, subject to s 55(4). Text verified verbatim against the current consolidations on legislation.nsw.gov.au.