External appeals

An officer or staff member of an Aboriginal Land Council can appeal to NCAT's Occupational Division against a decision by the Registrar to take disciplinary action against the officer or staff member under section 199 of the Aboriginal Land Rights Act 1983 (NSW).

A person can appeal to NCAT's Administrative and Equal Opportunity Division under section 42 of the Agricultural Industry Services Act 1998 (NSW) against a decision of a constituted agricultural industry services committee about:

• the inclusion or exclusion of the person's name from the committee's register of constituents
• the amount of a rate levied on the person.

A cemetery operator can appeal to NCAT's Administrative and Equal Opportunity Division against a decision by the Cemeteries Agency to issue an improvement notice under section 33 of the Cemeteries and Crematoria Act 2013 (NSW). 

A person may externally appeal to NCAT's Administrative and Equal Opportunity Division under section 11 of the Commons Management Act 1989 (NSW) if an application for enrolment on the commoners' roll is refused. 

An entity, as defined in section 4 of the Community Housing Providers National Law (NSW) (National Law), can appeal certain decisions of the Registrar of Community Housing to NCAT's Administrative and Equal Opportunity Division.

The decisions that can be appealed are listed 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.

An applicant can appeal to NCAT's Administrative and Equal Opportunity Division against a decision of the Minister for Lands and Property about: 

• The purchase price for land subject to a pending tenure purchase, where the price does not exceed $150,000 or any greater amount prescribed by the regulations (clause 15 of Schedule 1, Part 2, Division 4 of the Crown Land Management Act 2016).
• The purchase price for land subject to a pending irrigation lease purchase, where the price does not exceed $150,000 or any greater amount prescribed by the regulations (clause 9 of Schedule 2, Part 2, Division 2 of the Crown Land Management Act).
• The purchase price for land subject to a pending Western lands lease purchase, where the price does not exceed $150,000 or any greater amount prescribed by the regulations (clause 10 of Schedule 3, Part 2, Division 2 of the Crown Land Management Act).
• A decision 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 2016).

A person can appeal to NCAT's Administrative and Equal Opportunity Division against a decision made by the Commissioner of Dormant Funds under section 5A of the Dormant Funds Act 1942, including a decision to revoke a determination made under that section.

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

Health practitioners and students can appeal certain decisions about professional conduct or registration to NCAT's Occupational Division.

For information about these appeals, visit the Health professionals webpage.

A councillor can appeal to NCAT's Occupational Division under section 440L of the Local Government Act 1993 (NSW) against a decision by the Department Chief Executive to take disciplinary action against the councillor.

This does not include disciplinary action consisting only of counselling or reprimanding.

The following decisions can be appealed to NCAT's Administrative and Equal Opportunity Division under the Local Land Services Act 2013 and related legislation.

Conditions and improvements
An occupier of land can appeal under section 76 of the Local Land Services Act 2013 against a decision of Local Land Services to impose a condition or direct an improvement under section 75 of the Act.

Permit decisions
Under section 86 of the Local Land Services Act 2013:

• an applicant for a permit can appeal against a decision by NSW Local Land Services to refuse to issue a permit
• a permit holder can appeal against a decision by Local Land Services to cancel or suspend the permit

Rates

An occupier or owner of land can appeal against the validity of a rate levied on the land under clause 21 of the Local Land Services Regulation 2026 (NSW).

A person can appeal to an Appeal Panel of NCAT against an order made by the NSW Mental Health Review Tribunal for a person's estate to be managed under the NSW Trustee and Guardian Act 2009 (NSW).

Under section 50 of the Act, an appeal can be made by:

• the person to whom the order relates
• any other person who was a party to the proceedings in which the order was made.