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Table of Types of Applications

Administrative Stream - Types of Applications

Name of Legislation and Section of the Act

Type of decision

Who is the decision maker/respondent

Which form to use and any special requirements

Ambulance Service Act 1982

Review of any of the decisions made by the Secretary under Part 3A of the Act (Section 35P)

Secretary

General Review Form

Anatomical Examinations Act 2006

Review of decision not to grant an authorisation under Section 9(7)

Review a decision to amend/revoke an authorisation under Section 11(1).

Head of Faculty of Health, University of Tasmania

General Review Form

Animal Welfare (Domestic Poultry) Regulations (No.2) 2023

Review of Ministers decision as to maximum hen capacity in cages (Regulation 4(4))

Minister

General Review Form

Animal Welfare Act 1993 Section 26B or Section 33

Review a decision of an officer under the Act (Section 26B); review of refusal to grant a licence, revoke a licence or a condition on a licence (Section 33);

Police officer or an officer appointed under Section 13 of the Act.

General Review Form

Archives Act 1983 Section 13 (3)

Review of decision to award compensation for deprivation of records (Section 13(1))

Minister

General Review Form

Associations Incorporation Act 1964 Section 35

Review of a cancellation of incorporation of an association (Section 34)

Commissioner for Corporate Affairs

General Review Form

Building and Construction Industry Security of Payment Act 2009

Review a decision of the Security of Payments Official to refuse to authorise a person to be a nominating authority or to impose or vary conditions placed on the person to be a nominating authority (Section 31(7)

Review a failure of an adjudicator to determine an application to disqualify themselves (Section 36(4)).

Security of Payments Official (either the Director of Building Control or a person appointed by the Minister Under Section 30(2) of the Act.)

An adjudicator appointed under the Act (for Section 36).

General Review Form

Burial and Cremation Act 2019

Review a decision of the regulator approve or refuse an application to carry on a regulated business (Section 26(7))

Review of decision to refuse approval for a person to be a cemetery manager (Section 32(9))

Review of a decision to refuse approval of a cemetery or impose conditions on approval of a cemetery (Sections 45(5) and 46(2))

Review a decision to refuse a certificate of compliance or impose a condition on a certificate of compliance (Section 55(4) and 56(2))

Review a decision to refuse an application to close a cemetery or to impose conditions on approval to close a cemetery (Section 64(7) and 65(3))

Review a decision to refuse to declare land not to be a cemetery or impose conditions on a declaration (Section 73(9))

Review a decision to refuse or approve with conditions approval to manage a crematorium (Section 75(6)).

Appeal a notice to close a crematoria (Section 82(5)

The Regulator (either the Director of Local Government, or a person prescribed as the regulator under Section 9 of the Act).

Director of Public Health or General Manager of a Council (if the decision is under Section 82).

General Review Form

Cat Management Act 2009

Review of a decision to cancel a multiple cat permit or refuse/grant with conditions a multiple cat permit (Section 16D and 16E)

Review of a decision to refuse or grant subject to conditions a cat breeding permit or cancellation of a cat breeding permit (Section 33)

Appeal a requirement notice (Section 38B)

Secretary or General Manager of a Council

Authorised person (for Section 38B notices)

General Review Form

Cat Management Regulations 2022

Review of decisions made under Part 2 of the Regulations in relation to cat management facilities. (Regulation 15)

Secretary

General Review Form

Child Care Act 2001

Review a decision to refuse to grant or renew a licence; cancel a licence; suspend a licence; impose a fine under Section 25; letter of censure that requires dismissal or suspension of an employee or suspend or cancel registration of a carer; any other prescribed decision (Section 50(2)).

Secretary

General Review Form

Community Housing Providers National Law (Tasmania) 2013

Appeal a decision to refuse an application for registration; variation of a registration; impose or revoke a condition; issue binding instructions; vary the category of an entity’s registration; cancel registration; refuse an application for cancellation; appointment of a statutory manager. (Section 25 of the Community Housing Providers National Law (NSW) No 59a of 2012).

Registrar appointed under Section 9 (or their delegate)

General Review Form

Special requirement:  the appeal period for these decisions is within 21 days of written notice of the decision.

Dairy Industry Act 1994

Review a decision to refuse to grant a licence; refuse to transfer a licence; refuse renewal of a licence; revoke a licence; impose/amend/vary or rescind a condition on a licence (Section 42)

Tasmanian Dairy Industry Authority (Section 5)

General Review Form

Dog Control Act

Appeal a notice to destroy a dangerous dog (Section 19A)

Appeal a declaration of a dog to be a dangerous dog (Section 31(1))

Appeal a decision to declare a restricted breed dog (Section 31(1A)).

Appeal a decision to disallow the transfer of ownership of a dangerous dog or restricted breed dog (Section 34A(4)).

Appeal a decision to destroy a dangerous dog if owner does not have suitable enclosure or satisfactory alternative arrangements for housing the dog (Section 39A(6)).

Appeal an abatement notice (Section 49A(5)).

Appeal a decision to refuse to grant a licence; refusal to renew a licence; cancellation of a licence; the decision of the general manager to cancel a licence (Section 59)

General Manager of a Council

An authorised person (for Section 29A decisions)

General Review Form

Special Requirement: an appeal under Sections 19A , 31(1), 34A(4), 49A and 59 must be within 14 days of being served with the notice.

Education Act 2016

Review decisions made by the Registration Board or Minister in relation to applications for registration for a variety of schools/systems of schools (Section 198(2)).

Registration Board or Minister

General Review Form

Education and Care Services National Law (Tasmania) 2011

Application by Regulatory Authority to enforce an undertaking under Section 179A (Section 181)

Review of a decision set out in Section 192 of the Education and Care Services National Law Act 2010 (internal reviews of reviewable decisions; decisions under Sections 27, 33, 72, 79 or 307; or directions under Section 192(b)(vi) or prohibition notices or refusal to cancel prohibition notices under Section 192(b)(vii)).

Regulatory Authority

General Application Form (for Section 181 applications)

General Review Form (for all reviews under Section 192)

Special Requirement:

The time to lodge a review application is 30 days from the date of notification of the decision (see Section 193(2))

Electricity Industry Safety and Administration Act 1997

Review of a decision of the Secretary by a person who is directly affected by the decision (Section 77)

Secretary

General Review Form

Explosives Act 2012

Review of decisions of the Secretary or an authorised officer by a person aggrieved by that decision (Section 69(1). These can include directions issued under Division 3 of Part 5 of the Act.

Secretary or Authorised Officer

General Review Form

Expungement of Historical Offences Act 2017

Review of decision by Secretary to expunge a charge; refuse to expunge a charge; a determination that a charge has ceased to be expunged by an interested person (Section 21).

Secretary

General Review Form

Fertilizers Act 1993

Review of dismissal of a complaint under Section 16, upholding a complaint under Section 16, refusal to issue a certificate of exemption under Section 26 and issuing a certificate of exemption under Section 26 (see Section 28A)

Secretary

General Review Form

Fire Service Act 1979

Review a notice requiring formation of a firebreak (Section 56(6))

Appeal the outcome of a review by the Chief Officer to refuse, revoke or suspend a person’s accreditation that a bushfire hazard management plan is acceptable or there is insufficient risk to warrant specific protection measures (Section 60I(2))

Firebreak authority (State Fire Commission or Local Council exercising delegated powers) for Section 56(6) reviews.

Chief Officer (Section 60I(2)).

General Review Form

Fishing (Licence Ownership and Interest) Registration Act 2001

Review of types of decisions set out in Section 16(1)

Registrar appointed under Section 4

General Review Form

Food Act 2003

Review a determination about compensation for exercising emergency powers (Section 37(5));

Review of a determination for compensation for seizure of items (Section 53(5)).

Review of a refusal to give a certificate of clearance under Part 5 (Section 67(1)).

Review of a determination in relation to compensation due to prohibition order (Section 68(5)).

Review of decisions related to approvals of food safety auditors (Section 83E(1)).

Review of decisions related to registration (Section 93(1))

Director of Public Health, a Council or an authorised officer (Section 37(5)).

Authorised Officer (Section 53(5)).

Authorised Officer (Section 67(1)).

Enforcement Agency (Director of Public Health or a Council) (Section 68(5)).

Director of Public Health (Section 83E(1)).

A Council (Section 93(1)).

General Review Form

Special Requirements:

Reviews under Section 53(3) must be filed within 10 days after the date on which notification of the determination was received.

Gaming Control Act 1993

Review of an exclusion order made by the Tasmanian Liquor and Gaming Commission (Section 122C(8)).

Review of an exclusion order made by a specified licence holder at the direction of the Commissioner of Police (Section 122GB)).

Tasmanian Liquor and Gaming Commission (Section 122C(8)).

Commissioner of Police (Section 122GB)).

General Review Form

Genetically Modified Organisms Control Act 2004

Review of any of the decisions specified in Section 30(2).

Secretary

General Review Form

Health Services Establishment Act 2006

Appeal any of the decisions of the Secretary as set out in Section 27 (Section 28).

Secretary

General Review Form

Heavy Vehicle National Law (Tasmania) 2013

and Heavy Vehicle Nation Law (Qld)

Application for return of a thing or sample (Section 556(3) of National Law (Qld).

Application by an Authorised Officer to extend the time by which an embargo notice must be withdrawn (Section 560(4) of National Law (Qld)).

Application for transfer of ownership of a thing or sample that has become the property of the Regulator (Section 565(2) of National Law (Qld)).

Application for orders or penalty for breach of undertaking (Section 590D(1) of National Law (Qld)).

Authorised Officer

Regulator

Party who has allegedly breached the undertaking

General Application Form (for Section 556(3))

General Application Form (for Section 560(4)).

Special Requirements (Section 560(4)): please ensure you provide the name and contact details of the owner of the embargoed thing.

General Application Form (for Section 565(2)).

Special Requirements (Section 565(2): application needs to be made within 6 months of the sample or thing becoming property of the Regulator. A person can seek any extension to this timeframe with leave of the Tribunal.

General Application Form (Section 590D(1)).

Litter Act 2007

Review a litter abatement notice (Section 35(5))

Authorised Officer appointed by the Director of the EPA or a General Manager of a Council.

General Review Form

Local Government Act 1993

Review one of the decisions of the general manager of a Council as set out in Section 262(1).

General Manager

General Review Form

Nature Conservation (Deer Farming) Regulations 2022

Review a decision to refuse to grant a licence (Regulation 5(6)).

Review a decision to cancel a licence (Regulation 8(7)).

Review a decision to suspend a licence (Regulation 9(6)).

Secretary

General Review Form

Nature Conservation (Wildlife) Regulations 2021

Review a decision to refuse to renew a licence (Regulation 47(9)).

Review a decision to refuse to grant a licence or permit, or grant a licence or permit subject to conditions (Regulation 48(5)).

Review a decision to cancel a licence or permit (Regulation 59(6)).

Review a decision to suspend a licence or permit (Regulation 60(7)).

Secretary

General Review Form

Passenger Transport Services Act 2011

Review of an administrative decision (see Section 53) (Section 59(1)).

Transport Commission

General Review Form

Poisons Act 1971

Review of an improvement notice (Section 69AD).

Review a suspension or revocation of rights under the Act (see Section 92(1)) (Section 92(4)).

Review an extension to a suspension (Section 92(4A)).

Responsible licencing authority or an inspector authorised by the responsible licencing authority.

Minister (Section 92(4)) and Section 92(4A)).

General Review Form

Special Requirements:

An appeal under Section 92(4A) must be brought within 14 days of the date of making of the order.

Primary Produce Safety Act 2011

Review of decisions set out in Section 22(1).

Review of decisions set out in Section 52(1).

Review of decisions set out in Section 62(1).

Chief Inspector

General Review Form

Radiation Protection Act 2005

Review any decision that requires a review notice to be issued (Section 74).

Director of Public Health

General Review Form

Special Requirements:  Please attach the review notice you received from the Director of Public Health with your form.

Rail Safety National Law (Tasmania) 2012

Review of one of the decisions set out in Section 215 of the Rail Safety National Law (South Australia) Act 2012 (Section 217)

Regulator

General Review Form

Special Requirement:  Please attach the notice you received from the Regulator advising you of the decision.

Retirement Villages Act 2004

Appeal one of the decisions or orders of the Director as set out in Section 33 of the Act (Section 34(1))

Application to stay the operation of an order of the Director (Section 35)

Director of Consumer Affairs and Fair Trading

General Review Form (Section 34(1)).

Interlocutory Application Form (Section 35)

Special Requirements:

An appeal under this Act must be filed within 30 days of the date of the order or decision (see Section 34(2)).

Security-sensitive Dangerous Substances Act 2005

Review a decision of the regulator or an authorised officer (Section 74(1)).

Regulator or authorised officer

General Review Form

Vehicle and Traffic (Review of Decisions) Regulations 2021

Review of an administrative decision made under Part 3 of the Regulations (Regulation 15)

Registrar of Motor Vehicles or Transport Commission

General Review Form

Work Health and Safety Act 2012

Review a reviewable decision by the regulator; or a decision made (or taken to be made) on an internal review (Section 229(1)

Regulator

General Review Form


Special Requirements:

To review a decision to forfeit a thing (or document) the review must be filed within 28 days after the day the decision came to the applicant’s notice.

For any other decision, a review must be filed within 14 days after the day on which the decision first came to the applicant’s notice.

If the regulator was required to give a statement of reasons, review must be within 14 days after the day on which the statement was provided.