New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 31

31 External appeal jurisdiction of Tribunal

(1) The Tribunal has
"external appeal jurisdiction" over a decision (or class of decisions) made by an external decision-maker if legislation provides that an appeal may be made to the Tribunal against any such decision (or class of decisions).

(2) The Tribunal also has the following jurisdiction in proceedings for the exercise of its external appeal jurisdiction--

(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,

(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of such proceedings.

(3) An
"appealable external decision" is a decision of an external decision-maker over which the Tribunal has external appeal jurisdiction.

(4) An
"external appeal" is an appeal to the Tribunal against an appealable external decision.

(5) A provision of enabling legislation that provides for a decision of an external decision-maker to be appealed to the Tribunal extends to the following--

(a) a decision made by a person to whom the function of making the decision has been delegated,

(b) if the provision specifies the decision-maker by reference to the holding of a particular office or appointment--a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment,

(c) a decision made by any other person authorised to exercise the function of making the decision.

(6) Nothing in this section permits external appeal jurisdiction to be conferred on the Tribunal by a statutory rule unless the conferral of jurisdiction by such means is expressly authorised by another Act.