External appeals

A cemetery operator may externally appeal to NCAT 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 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 their name from the committee’s register of constituents, or
• the amount of a rate levied on the person.

A person may externally appeal to NCAT under section 11 of the Commons Management Act 1989 (NSW) if their 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), may appeal certain decisions of the Registrar of Community Housing to NCAT.

The decisions that may be externally appealed are set out 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.

Any person may externally appeal to NCAT against a decision of the Commissioner of Dormant Funds made under section 5A of the Dormant Funds Act 1942, including a decision to revoke a determination made under that section.

An applicant may bring an external appeal to NCAT against a decision of the Minister for Lands and Property if it relates to one of the following: 

• A decision 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)
• A decision about 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).
• A decision about 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). 

The following external appeals may be made to NCAT under the Local Land Services Act 2013 and related legislation.

• Conditions and improvements
  An occupier of land may externally appeal to NCAT under section 76 of the Local Land Services Act 2013 against a decision of Local Land Services to impose a condition or to direct the making of any improvement under section 75 of that Act.
• Permit decisions
  Under section 86 of the Local Land Services Act 2013:
  • an applicant for a permit may externally appeal to NCAT against a decision of NSW Local Land Services to refuse to issue a permit, and
  • the holder of a permit may externally appeal to NCAT against a decision of Local Land Services to cancel or suspend the permit.
• Rates
  An occupier or owner of land may externally appeal to NCAT against the validity of any rate levied on land under clause 21 of the Local Land Services Regulation 2014 (NSW).

An officer or member of staff of an Aboriginal Land Council may appeal to NCAT against a decision of the Registrar to take disciplinary action against the officer or member of staff under section 199 of the Aboriginal Lands Rights Act 1983 (NSW).

A councillor against whom disciplinary action (other than disciplinary action comprised only of counselling or reprimanding) is taken by the Department Chief Executive may appeal to NCAT under section 440L of the Local Government Act 1993 (NSW) against the decision to take disciplinary action. 

For information about external appeals that can be made to NCAT by a health practitioner or student, please visit the Health professionals webpage.

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

An external appeal can be made to NCAT against an order by the NSW Mental Health Review Tribunal that the estate of a person be subject to management under the NSW Trustee and Guardian Act 2009 (NSW) (NSW Trustee and Guardian Act). An external appeal can be made under section 50 of the NSW Trustee and Guardian Act either by the person to whom the order relates or any other person who was a party to the proceedings in which the order was made.