28Parties to external appeal

#### 28 Parties to external appeal 28 Parties to external appeal > > (1) The parties to an external appeal are— > > > > > (a) the appellant, and > > > > > (b) except as provided by subrule (2), the external decision-maker who made (or is taken to have made) the appealable external decision under appeal, and > > > > > (c) any person or body (other than the appellant or external decision-maker) who was a party to the proceedings before the external decision-maker, and > > > > > (d) if the Attorney General or another Minister intervenes in the proceedings under section 44 of the Act—the Attorney General or Minister, and > > > > > (e) any other person who is made a party to the proceedings by the Tribunal under section 44 of the Act, and > > > > > (f) any other person required to be joined or treated as a party to the proceedings by a Division Schedule for a Division of the Tribunal, enabling legislation or the procedural rules. > > > (2) However, an external decision-maker who makes an appealable external decision cannot be made a party to an external appeal against the decision if— > > > > > (a) the appeal is a designated external appeal (within the meaning of section 27 of the Act), or > > > > > (b) the decision-maker made the decision as an Adjudicator under the [Community Land Management Act 1989](/view/html/repealed/current/act-1989-202) or the [Strata Schemes Management Act 1996](/view/html/repealed/current/act-1996-138). > > Note— > > The following are designated external appeals— > > > (a) an external appeal under section 45 of the [Drug and Alcohol Treatment Act 2007](/view/html/inforce/current/act-2007-007) (which is an appeal against a decision of a Magistrate made under Part 4 of that Act), > > > (b) an external appeal under section 50 of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049) (which is an appeal against estate management orders made by the Mental Health Review Tribunal).