When is the deadline for ncat internal or external appeal to the appeal panel?
The catalogue records a 28 days period from The day on which the appellant was notified of the decision to be appealed, or given reasons for the decision, whichever is the later. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day on which the appellant was notified of the decision to be appealed, or given reasons for the decision, whichever is the later
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Civil and Administrative Tribunal Act 2013 (NSW) s 41(1): the Tribunal may, of its own motion or on application, extend the period of time for the doing of anything under any legislation in respect of which it has jurisdiction, despite anything to the contrary in that legislation, and under s 41(2) the application may be made even though the period has expired. Not computed.
- The trigger is the LATER of notification of the decision and the giving of reasons, and r 25(4A) provides that the day on which reasons are given is the day on which reasons are FIRST given, whether orally or in writing. An oral ex tempore statement of reasons therefore starts the clock, which is a frequent trap where written reasons follow much later. Reckoned under Interpretation Act 1987 (NSW) s 36 rather than UCPR r 1.11. Corrected on verification: the researched entry did not record r 25(4)(a), which displaces the 28 days entirely where the enabling legislation specifies its own appeal period. That paragraph must be checked before the 28 days is applied. r 25(5) separately requires the appellant to serve a sealed copy of the notice of appeal on each respondent as soon as practicable after lodging. Rule text verified verbatim against the current consolidation of the Civil and Administrative Tribunal Rules 2014 (NSW) on legislation.nsw.gov.au.