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 or the Strata Schemes Management Act 1996.

Note—

The following are designated external appeals—

(a) an external appeal under section 45 of the Drug and Alcohol Treatment Act 2007 (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 (which is an appeal against estate management orders made by the Mental Health Review Tribunal).