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Administrative Review Tribunal Regulations 2002 (NI)

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Reg No. 7 of 2002
Other document - Other as made
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 16 Dec 2015

 

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.


                  (7)        If the President of the Tribunal makes a decision not to approve the request to waive the application fee, the applicant shall be required to pay the application fee under subregulation 14(1) or 14(2), as the case may be, within 7 days after the President has made the decision.

                  (8)        A decision by the President of the Tribunal regarding a request to waive the application fee is final and shall not be open to appeal.

                  (9)        If 2 or more applications:

(a)        relate to the same applicant; and

(b)        may, in the opinion of the Secretary or Deputy Secretary, be conveniently heard before the Tribunal at the same time,

the Secretary or Deputy Secretary may:

(c)        order that only 1 fee is payable for those applications; and

(d)       order which applicant is to pay that 1 fee and which applicant (or applicants) is not to pay that 1 fee.

                  (10)      An order of the Secretary or Deputy Secretary under subregulation 14(9) is final and shall not be open to appeal.

                  (11)      An applicant who has paid an application fee under subregulation 14(1) or 14(2) is entitled to a refund of the application fee if:

(a)        the fee was not payable by order of the Secretary or Deputy Secretary under subregulation 14(9); or

(b)        the Tribunal certified that the proceedings have concluded in a manner favourable to the applicant.

                  (12)      The Tribunal may refuse to hear an application if an applicant has not paid the required application fee under subregulation 14(1) or 14(2), unless an exemption has been granted under subregulation 14(6) or 14(9).

Other fees

      15.       (1)        Subject to subregulation 15(2), a fee of 1 fee unit is payable by a person who submits:

(a)        an application for extension of time for lodging an application for review of decision;

(b)        a notice of opposition to application for extension of time for lodging an application for review of a decision;

(c)        an application to be made a party to a proceeding;

(d)       a request for an order to shorten the time for lodging copies of material documents; or

(e)        a request for a direction suspending or modifying the operation or enforcement of a decision pending the making or determination of the application.

                  (2)        If the Administration lodges an application, notice or request under subregulation 15(1) it will not be required to pay the fee.


SCHEDULE 1

 

 

NORFOLK                            ISLAND

 

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 1

Subsection 22(1)

Regulation 4

APPLICATION FOR REVIEW OF DECISION

Application is made for review of the decision described below.

 

APPLICANT

Full Name:

 

 

 

 

 

Telephone:

(during the day)

 

 

 

 

 

 

Usual Address:

 

                                                                                Postcode

 

 

 

 

Postal Address:

(if different)

 

If you have a representative, please read the back of this form

 

 

 

 

DECISION:

Attach a copy if possible.   If not, describe decision briefly:

 

 

 

 

 

Date of Decision:

 

 

    Decision

    Reference

Ref No.

 

 

 

If copy of decision not attached

Date Decision Received:

 

 

 

 

 

 

Who made the

decision? (if known)

Name:

Job Title:

Department or

other Body:

Address:

 

 

 

 

REASONS FOR THIS APPLICATION

Why do you want this decision reviewed?

 

 

 

 

 

 

Signature

 

Date

 

 

 

NORFOLK                                ISLAND

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 2

Subsection 22(7)

Regulation 5

APPLICATION FOR EXTENSION OF TIME FOR LODGING APPLICATION FOR REVIEW OF DECISION

 

NOTE:  Subsection 22(7) of the Act provides that the Tribunal may extend the time for the making of an application for review of a decision.

 

I apply for an extension of time for lodging an application for review of the decision described in item 2.

 

1. Applicant

Mr/Mrs/Ms/Miss/Other:

(full name)

Family name (surname):

 

 

 

 

Given name(s):

 

 

 

 

Telephone

Business: (   )                                          Home: (   )

 

 

 

 

Your

 

address

 

 

                                                                                Postcode

 

 

The name, address and telephone number of your representative (if

you have one)

 

 

 

                                                                                Postcode


 

 

2. Decision

Attach a copy, if possible, or describe decision briefly.

 

 

 

 

 

 

 

 

 

 

Date of decision (if copy of decision not

 

Decision reference

(if copy of

 

attached)

 

decision not attached)

 

 

 

 

Date decision

 

 

received

 

 

 


 

 

 

 

Who made the

Department or other body:

decision, if you

 

know (if copy of decision is not attached)

Address:

 

                                                                                Postcode

 

 

3. To what date

 

 

are you seeking an extension of time?

 

 

 

 

4. Reasons for application

Outline your reasons for applying for an extension of time for lodging your application for review of the decision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature

 

  Date

 

 

 

 

 

 


 

 

 

NORFOLK                            ISLAND

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 3

Subsection 22(10)

Regulation  6

NOTICE OF OPPOSITION TO APPLICATION FOR EXTENSION OF TIME FOR MAKING APPLICATION FOR REVIEW OF DECISION

 

To the Secretary of the Tribunal,

 

I wish to oppose the application by

 

 

 

dated

 

for extension under subsection 22(7) of the Administrative Review Tribunal Act 1996 of the time for the making by that person of an application to the Administrative Review Tribunal for a review of the decision

 

made by

 

on

 

 

in the proceeding between

 

 

1.

Name of person giving notice:

 

 

 

 

2.

Address of person giving notice:

 

3.

Address for service of notices on

 person giving notice:

 

 

 

 

 

4.       Grounds for opposition to application


 

 

Signature

 

  Date

 

 

 

 


 

 

 

NORFOLK                            ISLAND

 

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 4

Subsection 23(2)

Regulation 7

APPLICATION TO BE MADE PARTY TO A PROCEEDING

 

To the Secretary of the Tribunal

 

 

The applicant hereby applies to the Administrative Review Tribunal under paragraph 23(1)(c) of the Administrative Review Tribunal Act 1996 to be made party to the proceeding between:

 

_______________________________________________________________________

 

_______________________________________________________________________

 

_______________________________________________________________________

 

 

NAME OF

APPLICANT

Full Name:

 

 

 

 

 

 

 

Address of applicant:

 

 

                                                                                Postcode

 

 

Applicant’s address for service of notices:

 

 

 

 

 

 

 

 

 

 

 

State in what way the decision affects the interest of the applicant:

 

 

 

 

 

Signature…………………………………………..

 

Date………………………………………


 

 

 

NORFOLK                            ISLAND

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 5

Subsection 27(1)

Regulation 8

NOTICE  TO DECISION MAKER TO LODGE DOCUMENTS

 

TO:

 

 

NOTICE is given that an application has been made under subsection 22(1) of the Administrative Review Tribunal 1996 for a review by the Administrative Review Tribunal of the decision made by you and referred to in the attached copy of the application.

 

IN pursuance of that Act you are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.

 

IN pursuance of section 27 of that Act, you are required,

 

*Secretary/Deputy Secretary to delete where inapplicable

*

within 28 days (being the period specified in subsection 27(1) of that Act) after receiving this notice; or

 

 

 

 

 

B Secretary/Deputy Secretary to insert the number of days in the period specified in the order made under subsection 27(4) of that Act in the proceeding after receiving this notice

*

 

 

 

 

*

within

 

B days (being the period specified in an order made under subsection 27(4) of that Act in the proceeding) after receiving this notice; or

 

within

 

B days (being the period specified in an order made under subsection 27(4) of that Act in the proceeding) after receiving the notice which this notice amends,

 

to lodge with the Tribunal in relation to that decision  –

 

*Secretary/Deputy Secretary to delete where inapplicable.

 

 

*1(a)    2 copies of a statement setting out the findings on material questions of fact referring to the evidence or other material on which those findings were based and giving the reasons for the decision; or

 

*1(b)   2 copies of the document setting out the reasons for the decision.

 

AND

 

2          every document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.

 

 

 

Signature……………………………….

Secretary/Deputy Secretary


 

 

 

NORFOLK                            ISLAND

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 6

Subsection 27(4)

Regulation 9

REQUEST FOR ORDER TO SHORTEN TIME FOR LODGING COPIES OF MATERIAL DOCUMENTS

 

To the Secretary of the Tribunal

 

I, being a party to the proceeding before the Administrative Review Tribunal for a review of the decision referred to in paragraph 4, apply for an order directing that the copies of documents about that decision be lodged by the decision maker within a period of less than 28 days after the decision maker receives or received the notice of application for review of the decision.

 

1.         Name of person making request:

 

 

 

2.         Address of person making request:

 

                                                                                                                 Postcode

 

 

3.         Address for service of notices on person making request:

 

                                                                                                                   Postcode

 

 

4.         The decision to be reviewed is:

 

 

 

5.         The name of the person who made the decision is:

 

 

 

6.         The office, appointment or title of the person who made the decision is:

 

 

 

7.         The hardship I claim I would or might suffer if the period prescribed by subsection 27(4) of the Act for lodging with the Tribunal for the purposes of the review the copies of the documents mentioned in that subsection is not shortened is:

 

 

Signature…………………………………………………

 

Date…………………………………………….


 

NORFOLK                            ISLAND

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 7

Subsection 33(2)

Regulation 10

REQUEST FOR ORDER STAYING OR OTHERWISE AFFECTING THE OPERATION OR IMPLEMENTATION OF A DECISION OR PART OF A DECISION

To the Secretary of the Tribunal

 

I, being a party to the proceeding before the Administrative Review Tribunal referred to in paragraph 4 below, relating to the decision referred to in paragraph 5 under section 16 of the Administrative Review Tribunal Act 1996, hereby request under subsection 33(2) that such order or orders be made suspending or modifying the operation or enforcement of the decision until the application to the Tribunal dated __________________________, for review of the decision has been determined.

 

1. Name of person making request:

 

 

 

2. Address of person making request:

 

                                                                       Postcode

 

 

3. Address for service of notices on person making request:

 

                                                                        Postcode

 

 

4. The description of the proceeding before the Tribunal is:

 

 

 

5. The decision to be reviewed is:

 

 

 

6. The name of the person who made the decision is:

 

 

 

7. The office, appointment or title of the person who made the decision is:

 

 

 

8. Grounds for request:

 

 

 

Signature…………………………………

Date………………………………………


 

NORFOLK                            ISLAND

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 8

Paragraph 12(2)(a)

Regulation 11

SUMMONS TO GIVE EVIDENCE

 

File No.:

 

 

 

 

 

Between:

 

 

 

 

  Applicant

 

 

And:

 

 

 

 

  Respondent

 

 

To:

Name:

 

 

Address:

 

 

 

YOU ARE REQUIRED to appear before the Administrative Review Tribunal to give evidence at:

 

 

Time:

(am/ pm)

             Date:

 

 

 

 

 

 

 

 

 

Place:

 

 

 

 

 

 

 

and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.

 

 

Member/Secretary/Deputy Secretary

 

 

 

 

 

 

 

Date:

 

 

 

 

 

This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable]

For further information please contact:

Person dealing:

 

 

Telephone:

 

 

 


 

NORFOLK                            ISLAND

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 9

Paragraph 12(2)(b)

Regulation 12

SUMMONS TO GIVE EVIDENCE AND PRODUCE DOCUMENTS

File No.:

 

 

 

 

 

Between:

 

Applicant

 

 

And:

 

Respondent

 

 

To:

Name:

 

 

Address:

 

YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:

Time:

(am/pm)

     Date:

 

 

 

 

Place:

 

 

and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.

YOU ARE ALSO REQUIRED at that time to produce the following books, documents or things:

 

 

 

 

 

 

 

Member/Secretary/

Deputy Secretary:

 

 

 

 

 

 

 

Date:

 

 

 

 

This summons has been issued at the request of the applicant/respondent: [delete whichever is not applicable]

For further information please contact:

Person dealing:

 

 

Telephone:

 

 

 

NORFOLK                            ISLAND

 

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

FORM 10

Paragraph 12(2)(c)

Regulation 13

SUMMONS TO PRODUCE  BOOKS, DOCUMENTS, ETC

File No.:

 

 

 

 

 

Between:

 

Applicant

 

 

And:

 

Respondent

 

 

To:

Name:

 

 

Address:

 

YOU ARE REQUIRED to appear before the Administrative Review Tribunal at:

Time:

(am/pm)

     Date:

 

 

 

 

Place:

 

 

AND to produce the following books, documents or things:

 

 

 

[Note:  Instead of attending at the hearing to produce the books, documents or things, you may produce them to a member of the staff of the Tribunal at the place of the hearing not later than 4.00 pm on the day before the day mentioned above.  If it is difficult for you to get to the Tribunal before 4.00 pm on that day, you should contact the registry of the Tribunal to make other delivery arrangements.]

Member/Secretary/Deputy Secretary

 

 

 

 

 

Date:

 

 

 

This summons has been issued at the request of the applicant/respondent: [delete whichever is not applicable]

For further information please contact:

Person dealing:

 

 

Telephone:

 

 

 


 

NORFOLK                            ISLAND

 

 

 

 

 

ADMINISTRATIVE REVIEW TRIBUNAL

Form 11

Regulation 14

REQUEST TO WAIVE APPLICATION FEE

 

All questions MUST be answered and the appropriate YES or NO boxes ticked:  [4].  Use the word NIL where necessary and please don't use strokes or dashes.  Please round up to the highest whole dollar (eg $25 not $24.65).  Income and expenses are to be calculated FORTNIGHTLY.

 

1.                    APPLICANT

 

My name is

______________________________________________

I live at

________________________________Postcode ______

My occupation is

______________________________________________

 

I request that the application fee payable on my application to the Tribunal be waived.  I request  this because payment of the fee would cause me financial hardship.

 

2.             EMPLOYMENT

 

                Are you currently employed?

                        YES   o        (If “yes”, please complete this section)

                        NO     o       (If “no”, please go to 3. OTHER INCOME)

 

I am employed by

____________________________________________

My employer’s address is

____________________________________________

 

                My income is $ ............... per fortnight.

 

3.             OTHER INCOME

 

                Do you receive any other income in addition to that shown above?

                        YES   o        (If “yes”, please complete this section)

                        NO     o       (If  “no”, please go to 4. SUMMARY OF INCOME)

 

                The details of other income I receive including any maintenance payments for myself or my children, rent or board from people living in the same premises as I do are as follows:


 

                NATURE OF INCOME

 

_____________________________________

 

$.......... per fortnight

_____________________________________

 

$.......... per fortnight

_____________________________________

 

$.......... per fortnight

                                                                    TOTAL

 

$.......... per fortnight

 

4.             SUMMARY OF INCOME

 

                The total amount of income I receive per fortnight is as follows:

EMPLOYMENT (from 2 above)

 

$..........

OTHER INCOME  (from 3 above)

 

$..........

TOTAL

 

$..........

 

5.             EXPENSES

 

                I have .......... dependants.  (If any dependants have a separate income please show amount received fortnightly).

 

                I am committed to the following fortnightly expenses.

 

                        Rent/Board/Mortgage                                                      $.......... per fortnight

                        Credit card, HP, loan repayments                                    $.......... per fortnight

                        Living expenses - food, clothing, etc                               $.......... per fortnight

                           -   fares, gas, electricity, phone, etc                               $.......... per fortnight

                        Other

                        ..........................................................                              $.......... per fortnight

                        ..........................................................                              $.......... per fortnight

 

                                                                                           TOTAL        $.......... per fortnight

6.             SAVINGS

 

                Do you have any savings?

YES                o          (If “Yes”, please complete this section)

NO                  o          (If “No”, please go to 7. OTHER ASSETS)

 

                The details of my bank accounts, credit union accounts, building society accounts, investment accounts, etc are as follows:  (please indicate joint accounts by putting (J) next to the account number).

 

ACCOUNT NUMBER

NAME OF  INSTITUTION

CURRENT BALANCE

 

 

$

 

 

$

 

 

$

 

  Note:  Interest received from these accounts should be included at 3. OTHER INCOME.

 

 


7.             OTHER ASSETS

                Do you have any other assets?

                -  Assets can be things like a block of land, houses, cars, boats, shares, etc.

YES                o          (If “Yes”, please complete this section)

NO                  o          (If “No”, please go to 8. IS THERE ANY OTHER INFORMATION ABOUT YOU OR YOUR DEPENDANTS' CIRCUMSTANCES WHICH YOU BELIEVE SHOULD BE TAKEN INTO ACCOUNT IN DECIDING YOUR REQUEST?)

 

                The assets I have are as follows:  (If ownership of any of your assets is shared with another person show what share you have, eg half share in ... )

 

DESCRIPTION OF ASSETS

ESTIMATED NETT VALUE

 

$

 

$

 

$

 

* The “estimated  nett  value” is what you would expect to receive for the asset or your share of it after any secured liabilities, eg mortgages, hire purchase, have been paid off if it was sold in the current market.

Note:  Income received from these assets (eg rent, dividends) should be included at 3. OTHER INCOME.

 

8.             IS THERE ANY OTHER INFORMATION ABOUT YOU OR YOUR DEPENDANTS' CIRCUMSTANCES WHICH YOU BELIEVE SHOULD BE TAKEN INTO ACCOUNT IN DECIDING YOUR REQUEST?

 

YES        o          (If “yes”, please set out the information on a separate sheet and attach it)

NO          o          (If “no”, go to 9. DECLARATION)

 

9.                    DECLARATION

I declare that to the best of my knowledge and belief the information set out in this application is true and that, where any estimate is given, it is given in good faith.

 

                                Applicant’s Signature  …………………………………….

                                Date         …………………….

WARNING

Any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Norfolk Island Government is guilty of an offence and may be fined up to 10 penalty units.

_______________________________________________________________________

 

FOR TRIBUNAL USE ONLY

The application fee to which this request relates is, pursuant to regulation 14 of the Administrative Review Tribunal Regulations, waived/not waived.

                                                                Secretary/Deputy Secretary            /          / 20…………

_______________________________________________________________________

 


Notified Gazette No. 54, 6 December 2002.

Commenced on notification (No. 54, 6 December 2002.)

Printed on the authority of the Administrator.

 

 

© Norfolk Island Government 2004; reissued 19 May 2008

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.