Making an Application
There are legal requirements for making an application. The Tribunal must have certain types of information to be able to receive and determine an application.
The Tribunal has created a Table of Types of Applications for this Stream will help you find the form you need to fill out.
With this information you can choose the correct form and fill in:
- The name of the Act and section that allows an application to be made to the Tribunal. The section you should include on the form is in BOLD type.
- The respondent – this is usually the person who made the decision you want to review.
- If there are any special requirements, you can include those on the form.
If you require assistance, you can contact the Registry staff who can help you. Please note, Registry staff can only provide procedural help, not legal advice.
Timeframe
Section 74A(1)(c)(ii) of the Tasmanian Civil and Administrative Tribunal Act 2020 says that you have 28 days from the date on which you were notified of the reviewable decision to lodge your application. Some legislation set longer or shorter timeframes for lodging an application. The Special Requirements column of the Table below will let you know if the timeframe is more or less than 28 days.
Extensions of time
The Tribunal has no general power to extend time for the lodgement of proceedings. Some legislation may provide a specific discretion to extend time. The General Review Form has a section you can complete if you are requesting an extension of time. You must identify the legislative provision that gives the Tribunal the power to extend time and provide details as to why the proceedings are being lodged outside the timeframe.
Application to Stay an Order
A person may want to appeal an order that has been made by a decision maker. Orders may have a time limit that requires someone to do something or stop doing something. Lodging an appeal with the Tribunal may not stop you still having to comply with the order.
A person can make an application to stop the order from operating while the appeal is being heard. These applications are called an application to ‘stay an order.’
An application to stay an order can be made on the General Review Form. Please make sure you provide the information that the form requests if you want to apply to stay an order.