Northern Territory Numbered Acts

LICENSING (DIRECTOR-GENERAL) REPEAL ACT 2020 (NO 4 OF 2020) - SECT 52

Sections 41 to 41C

repeal, insert

41     Definitions

In this Part:

"affected person", for a reviewable decision, means a person to whom any of the following applies:

    (a)     for a decision that relates to disciplinary action relating to a licence – the person is the licensee;

    (b)     for a decision that was made in relation to an application – the person is the applicant;

    (c)     the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.

"delegate decision" means a reviewable decision that is made by a delegate of the Director.

"reviewable decision" means a decision specified in the Schedule.

41A     Notice of delegate decision

    (1)     As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.

    (2)     The notice must state the following:

    (a)     the delegate decision and the reasons for it;

    (b)     that the affected person may apply for a review of the decision under section 41B;

    (c)     the period allowed for applying for a review.

41B     Application for review

    (1)     An affected person for a delegate decision may apply to the Director for a review of the decision.

    (2)     The application must be made:

    (a)     within 28 days after written notice of the delegate decision is given to the affected person; or

    (b)     by any later date allowed by the Director.

    (3)     The application must:

    (a)     be in the approved form; and

    (b)     be accompanied by the fee prescribed by regulation; and

    (c)     state the grounds on which it is made and the facts relied on to establish the grounds.

41C     Effect of application on delegate decision

    (1)     The making of the application does not stay the operation of the delegate decision.

    (2)     Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.

41D     Director to consider application

    (1)     On receipt of the application, the Director must review the delegate decision.

    (2)     Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.

41E     Conducting and deciding review

    (1)     In reviewing the delegate decision, the Director must:

    (a)     take into account any matter that this Act requires the Director to take into account in reviewing the decision; and

    (b)     follow the procedures for review determined by the Director; and

    (c)     comply with the rules of natural justice.

    (2)     After reviewing the delegate decision, the Director must:

    (a)     affirm the decision; or

    (b)     vary the decision; or

    (c)     set aside the decision and substitute a new decision.

41F     Notice of decision on review

    (1)     As soon as practicable after making a decision under section 41E, the Director must give written notice of the decision to the following persons:

    (a)     the applicant;

    (b)     any other affected person.

    (2)     The notice must state the following:

    (a)     the Director's decision and the reasons for it;

    (b)     details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.

41G     Application to NTCAT for review of Director's decision

    (1)     Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.

    (2)     An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.

Note for section 41G

A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.