External appeals

NCAT can determine external appeals from a decision made by certain decision-making bodies.

External appeals are managed through NCAT's Administrative and Equal Opportunity Division, Occupational Division and Appeal Panel.

NCAT can hear an external appeal against decisions made by an external decision maker if legislation provides that an appeal may be made to NCAT against any such decision or class of decisions (section 31 of the Civil and Administrative Tribunal Act 2013) (NCAT Act). An “external decision-maker” is a decision maker who is external to NCAT (section 4 of the NCAT Act).

External appeals managed by NCAT’s Administrative and Equal Opportunity Division

Appealing decisions made by the Cemeteries Agency

A cemetery operator who is given an improvement notice by the Cemeteries Agency may externally appeal the decision to give the notice to NCAT under section 33 of the Cemeteries and Crematoria Act 2013 (NSW).

Appealing decisions made by a constituted agricultural industry services committee

A person who is aggrieved by the decision of a constituted agricultural industry services committee as to the inclusion or exclusion of their name from the committee’s register of constituents or the amount of a rate levied on the person may externally appeal against the committee’s decision to NCAT under section 42 of the Agricultural Industry Services Act 1998 (NSW).

Appealing decisions to refuse to enter a person’s name on the commoners’ roll

A person who has been notified that their application for enrolment on the commoners’ roll has been refused may externally appeal the refusal to NCAT under section 11 of the Commons Management Act 1989 (NSW).

Appealing decisions made by the Registrar of Community Housing

An entity as defined in section 4 of the Community Housing Providers National Law (NSW) (National Law) may appeal certain decisions of the Registrar of Community Housing to NCAT. Decisions which are externally appealable to NCAT are set out in section 25 of the National Law and include cancelling the entity’s registration, varying the category of the entity’s registration, refusing an application for registration or for the variation of a registration of the entity.

Appealing decisions made by the Commissioner of Dormant Funds

Any person who is dissatisfied with a decision of the Commissioner of Dormant Funds made under section 5A of the Dormant Funds Act 1942 (Dormant Funds Act) or revoking a determination under section 5A of the Dormant Funds Act may externally appeal the decision to NCAT.

Appealing decisions about Crown lands made by the Minister for Lands and Property

External appeals may be brought to NCAT by an applicant against a decision of the Minister for Lands and Property if it relates to one of the following:

A decision of the Minister in relation to the purchase price for land to which a pending tenure purchase relates if the purchase price determined does not exceed $150,000 or any greater amount as prescribed by the regulations (cl 15 of Schedule 1, Part 2, Division 4 of the Crown Land Management Act 2016 (NSW)) (Crown Land Management Act).
A decision of the Minister in relation to the purchase price for land to which a pending irrigation lease purchase relates if the purchase price determined does not exceed $150,000 or any greater amount as prescribed by the regulations (clause 9 of Schedule 2, Part 2, Division 2 of the Crown Land Management Act).
A decision of the Minister in relation to a purchase price for land to which a pending Western lands lease purchase relates if the purchase price determined does not exceed $150,000 or any greater amount as prescribed by the regulations (clause 10 of Schedule 3, Part 2, Division 2 of the Crown Land Management Act).
A decision of the Minister to exclude land or create an easement for public access (clause 13 of Schedule 4, Part 4, Division 2 of the Crown Land Management Act).

Appealing decisions made by NSW Local Land Services

An external appeal can be made to NCAT by an occupier of land under section 76 of the Local Land Services Act 2013 (Local Land Services Act) against a decision of Local Land Services to impose a condition or direct the making of any improvement under section 75 of the Local Land Services Act.

Under section 86 of the Local Land Services Act, an applicant for a permit may lodge an external appeal with NCAT against a decision of NSW Local Land Services to refuse to issue a permit while the holder of a permit may appeal to NCAT against a decision of Local Land Services to cancel or suspend the permit.

An occupier or owner of land may also externally appeal to NCAT against the validity of any rate levied on land under clause 21 of the Local Land Services Regulation 2014 (NSW).

External appeals managed by NCAT’s Occupational Division

Appealing against a decision of the Registrar of the Aboriginal Lands Rights Act 1983 (NSW)

An officer or member of staff of an Aboriginal Land Council may appeal to NCAT against a decision of the Registrar to take disciplinary action against the officer or member of staff under section 199 of the Aboriginal Lands Rights Act 1983 (NSW).

Appealing decisions made by the Department Chief Executive of the Office of Local Government

A councillor against whom disciplinary action (other than disciplinary action comprised only of counselling or reprimanding) is taken by the Department Chief Executive may appeal to NCAT under section 440L of the Local Government Act 1993 (NSW) against the decision to take disciplinary action.

Appealing decisions concerning health professionals

For information about external appeals that can be made to NCAT by a health practitioner or student, please visit the Health professionals webpage.

External appeals managed by NCAT’s Appeal Panel

Appealing decisions of a Magistrate under the Drug and Alcohol Treatment Act 2007 (NSW)

A person aggrieved by an order or determination of a Magistrate under Part 4 of the Drug and Alcohol Treatment Act 2007 (NSW) may externally appeal the decision to NCAT.

Appealing decisions made by the NSW Mental Health Review Tribunal

An external appeal can be made to NCAT against an order by the NSW Mental Health Review Tribunal that the estate of a person be subject to management under the NSW Trustee and Guardian Act 2009 (NSW) (NSW Trustee and Guardian Act). An external appeal can be made under section 50 of the NSW Trustee and Guardian Act either by the person to whom the order relates or any other person who was a party to the proceedings in which the order was made.

How to appeal

Download and complete an External Appeal form (DOCX, 73.4 KB) and lodge with the application fee at any NCAT Registry Office.

Fees

Fees are payable for external appeals. View the fees and charges schedule or apply for a fee waiver.

Time limits

The time limit for external appeals to NCAT is generally 28 days.

Check the enabling legislation for time limits and any conditions which must be met to commence an external appeal.

Stay of the decision

There is no automatic stay of the decision when an external appeal is made to NCAT. You can lodge an Application for a stay or interim order (DOCX, 84.1 KB) at the same time when lodging the External Appeal form.

Orders NCAT can make

When deciding an external appeal, NCAT can make a range of orders. These include:

allowing or dismissing the appeal
confirming, affirming or varying the decision under appeal
quashing (reject as invalid) or setting aside the decision
substituting with another decision
that the whole or any part of the case is to be reconsidered.