{"id":"nsw:sl-2024-0372","name":"Administrative Decisions Review Regulation 2024","slug":"administrative-decisions-review-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"372 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174220,"registerId":"nsw-sl-2024-0372-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Administrative Decisions Review Regulation 2024](/view/html/inforce/current/sl-2024-0372).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Administrative Decisions Review Regulation 2019](/view/html/repealed/current/sl-2019-0380), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Administratively reviewable decisions excluded from internal review","content":"#### 4 Administratively reviewable decisions excluded from internal review\n\n4 Administratively reviewable decisions excluded from internal review\n\n> For the Act, section 53(11)(b), the administratively reviewable decisions specified in the following table are excluded from the application of the Act, section 53—\n> \n> | Enabling legislation | Excluded decision |\n> | Anti-Discrimination Act 1977 | A decision referred to in that Act, section 126A(6). |\n> | Architects Act 2003 | A decision referred to in that Act, section 31 or 44. |\n> | Education Act 1990 | A decision referred to in that Act, section 26HA(1), but only if the decision results in the student being directed not to attend school for more than a total of 20 days in a 12-month period. |\n> | Fair Trading Act 1987 | A decision referred to in that Act, section 79A(8). |\n> | Gaming and Liquor Administration Act 2007 | A decision in relation to a prescribed application within the meaning of that Act, section 13A(1). |\n> | Legal Profession Uniform Law Application Act 2014 | A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Act. |\n> | Legal Profession Uniform Law (NSW) | A decision of the Bar Council, the Law Society Council or the Legal Services Commissioner under that Law. |\n> | Surveying and Spatial Information Act 2002 | A decision referred to in that Act, section 14. |\n> | Tow Truck Industry Act 1998 | A decision referred to in that Act, section 45 involving the exercise of a function under that Act, Part 3, Division 4. |\n> | Veterinary Practice Act 2003 | A decision referred to in that Act, section 34, 48 or 75. |","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Administrative Decisions Review Regulation 2019](/view/html/repealed/current/sl-2019-0380) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Administrative Decisions Review Regulation 2019](/view/html/repealed/current/sl-2019-0380), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains the same narrow scope as its predecessor — identifying specific decisions excluded from internal review under the Administrative Decisions Review Act. The 2024 version appears to be a straightforward re-enactment (required because the 2019 version was due to auto-repeal under the Subordinate Legislation Act), with no indication of scope creep beyond the original purpose of creating exceptions to the internal review requirement."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Single operative provision (section 4) consisting of a straightforward table mapping legislation to excluded decisions","No nested conditional logic or cross-references beyond simple pointers to sections of other Acts","Minimal length (5 sections, approximately 1 page)","Standard commencement and repeal provisions with routine savings clause"],"plain_english_summary":"This regulation sets out which government decisions **cannot** be challenged through an internal review process under NSW administrative law.\n\n**What it does:**\nThe main law (the *Administrative Decisions Review Act 1997*) gives people the right to ask a government agency to internally review certain decisions that affect them. This regulation creates a list of exceptions — specific decisions that skip this internal review step and go straight to external review by a tribunal (the NSW Civil and Administrative Tribunal, or NCAT).\n\n**Who it affects:**\n- **Students** facing long suspensions from school (more than 20 days in a year)\n- **Architects, surveyors, and veterinarians** facing professional disciplinary decisions\n- **Lawyers and barristers** facing decisions by their professional councils or the Legal Services Commissioner\n- **Businesses** in gaming, liquor, tow trucking, and fair trading sectors facing specific licensing or compliance decisions\n- **People** involved in anti-discrimination complaints\n\n**Why it matters:**\nIf your decision is on this list, you **cannot** ask the agency to reconsider it internally. You must go directly to NCAT (the external tribunal) if you want to challenge it. This speeds up the process for certain technical or urgent decisions but removes one layer of appeal for affected people.\n\n**Key point:** This is essentially a \"bypass list\" — it identifies decisions where the usual first step of asking the agency to review itself is skipped."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On its face this instrument repeals and replaces the 2019 regulation but explicitly preserves existing effects (see s 5(2)). Section 4 records a list of decision-types to be excluded from internal review under the Act (s 53(11)(b)). The regulation does not on its face assert any expansion or narrowing beyond those listed exclusions, so no scope change is apparent within the text of this instrument; verifying any substantive change would require comparison with the repealed 2019 regulation and the listed enabling Acts (ss 4–5)."},"complexity_factors":["Short instrument with limited operative provisions (commencement, definition, exclusions table, repeal/savings). (ss 1–5)","Multiple cross-references to the Administrative Decisions Review Act 1997 and numerous external enabling Acts listed in the exclusions table, requiring readers to consult other instruments to see full effect. (s 4)","A tabular schedule of varied, statute-specific exclusions which creates patchwork scope rather than a single rule — each exclusion depends on the content of the referenced Act/section. (s 4)","Transitional/save provision preserving pre-repeal effects, which maintains continuity but requires checking past status for outstanding matters. (s 5(2))","Commencement tied to publication date rather than a fixed day, affecting immediate operational timing for agencies and applicants. (s 2)","Definitions minimal but rely on the primary Act and Interpretation Act for interpretive detail, adding indirect interpretive complexity. (s 3)"],"plain_english_summary":"This regulation replaces the 2019 Administrative Decisions Review Regulation, preserves its existing effect, and lists specific decisions under various NSW Acts that are excluded from internal review under the Administrative Decisions Review Act 1997. It takes effect on the day it is published on the NSW legislation website. It affects people and agencies involved in internal-review processes by removing review rights for the listed decision types and by continuing any acts or arrangements that operated under the repealed 2019 regulation (section 5(2))."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to serve its standard supporting role under the Administrative Decisions Review Act 1997. There is no evidence of scope change from the provided extract, though the absence of substantive provisions makes a definitive assessment impossible."},"complexity_factors":["Only metadata and status information was provided — no substantive provisions were available for analysis","The regulation sits within a layered legal framework (parent Act + regulation), which adds inherent complexity","Administrative review law can involve procedural technicalities that affect how rights are exercised","Interaction with other NSW legislation (Subordinate Legislation Act 1989, Interpretation Act 1987) adds minor interpretive layers","Score kept low because no operative provisions were visible to assess true complexity"],"plain_english_summary":"This NSW regulation supports the Administrative Decisions Review Act 1997 by setting out practical rules for challenging government decisions through NCAT and similar review bodies. It affects anyone—individuals, businesses, or organisations—seeking review of administrative decisions in NSW.\n\nKey status points: it commenced 16 August 2024, is scheduled to sunset on 1 September 2029, and has not been amended. The actual operative provisions were not provided, so specific procedural details cannot be confirmed from the extract."}},"importantCases":[],"_links":{"self":"/api/acts/administrative-decisions-review-regulation-2024","history":"/api/acts/administrative-decisions-review-regulation-2024/history","analysis":"/api/acts/administrative-decisions-review-regulation-2024/analysis","conflicts":"/api/acts/administrative-decisions-review-regulation-2024/conflicts","importantCases":"/api/acts/administrative-decisions-review-regulation-2024/important-cases","documents":"/api/acts/administrative-decisions-review-regulation-2024/documents"}}