In certain circumstances parties can appeal a decision to the NCAT Appeal Panel.
Section 32 of the Civil and Administrative Tribunal Act 2013 gives parties the right to an internal appeal from:
In some instances, a decision may be set aside or varied as an alternative to appeal.
Use the Notice of Appeal form if you wish to appeal to the NCAT Appeal Panel.
If you have been served with a Notice of Appeal complete the Reply to Appeal form.
Before proceeding with an appeal, or asking for leave to appeal, read NCAT Guideline 1 - Internal Appeals [PDF 218kB].
Internal appeals can be made on a question of law. An appeal can only be made about the merits of a decision if the Appeal Panel gives permission. The legal term for this permission is granting leave.
Appealing a decision can be a costly process and you may need legal representation. Seek independent legal advice before taking this course of action.
The original decision still operates and can be enforced unless the Tribunal makes an order stopping it being enforced, called a 'stay'.
You will need to lodge an Application for stay of original decision pending appeal [PDF 62kB] form with your Notice of Appeal.
Not all NCAT decisions can be appealed to the NCAT Internal Appeal Panel. NCAT's internal appeal jurisdiction does not extend to:
a decision of an Appeal Panel
a decision of the Tribunal in an external appeal
a decision of the Tribunal in proceedings for the exercise of its enforcement jurisdiction, or
a decision of the Tribunal in proceedings for the imposition of a civil penalty in exercise of its general jurisdiction.
There are some Divisional decisions that are not subject to an internal appeal but may be appealed to the Supreme Court or Court of Appeal.
Refer to the NCAT Guideline 1 - Internal Appeals [PDF 218kB] for further information.
Notice of Appeal [PDF 411kB]
Reply to Appeal [PDF 387kB]
Stay of original decision pending appeal [PDF 62kB]
NCAT Guideline 1 - Internal Appeals [PDF 218kB]
Appeal Panel Hearing Lists
Appeal Panel Decisions Digest
Appeal Panel decisions on NSW Caselaw website
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