Community Housing Providers National Law (NSW)
25Appeals to Appeal Tribunal
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25 Appeals to Appeal Tribunal
25 Appeals to Appeal Tribunal
(1) An entity may appeal to the Appeal Tribunal of the primary jurisdiction of the entity in relation to any of the following decisions of a Registrar:
(a) a decision to refuse an application for registration or for the variation of a registration of the entity,
(b) a decision to impose or revoke any additional standard condition of registration of the entity,
(c) a decision to issue binding instructions to the entity,
(d) a decision to vary the category of the entity’s registration,
(e) a decision to cancel the entity’s registration,
(f) a decision to refuse an application made by or on behalf of the entity for the cancellation of its registration,
(g) a decision to appoint a statutory manager.
(2) An appeal is to be made within the relevant appeal period after the Registrar provides the entity with written notice of the decision, being a notice that specifies:
(a) the reasons for the decision, and
(b) the right of the entity to appeal to the Appeal Tribunal within the relevant appeal period after the entity is provided with the notice, and
(c) the manner in which the entity may make any such appeal, and
(d) whether the decision is to be stayed pending the determination of the appeal.
(3) A decision of the Registrar is not stayed unless:
(a) the Registrar notifies the entity under subsection (2) that the decision is to be stayed, or
(b) the Appeal Tribunal orders the decision to be stayed.
(4) In this section:
Appeal Tribunal, in respect of an entity, has the same meaning as it has in the community housing legislation for the primary jurisdiction of the entity.
relevant appeal period means the period of 14 days or such longer period as the community housing legislation for the primary jurisdiction allows for the making of appeals under this section.