Making an Application
There are legal requirements for making an application. The Tribunal must have certain types of information to be able to receive and determine an application.
The Tribunal has produced a limited number of forms for making an application to the Tribunal to make the process simpler.
The Tribunal has created a Table of Types of Applications which lists all the Acts that the Tribunal has the power to receive applications and the types of applications they are. It also provides you with the name of the respondent and which form you need to use.
With this information you can choose the correct form and fill in:
- The name of the Act and section that allows an application to be made to the Tribunal. The section you should include on the form is in BOLD type.
- The respondent
- If there are any special requirements, you can include those on the form.
If you require assistance, you can contact the Registry staff who can help you. Registry staff can only provide procedural help, not legal advice.
Timeframe
Unless the legislation that allows a review or referral provides a different timeframe, under Section 74A(1)(c)(ii) of the Tasmanian Civil and Administrative Tribunal Act 2020 you have 28 days from the date on which you were notified of the reviewable decision to lodge your application. The Special Requirements column of the Table below will let you know if the timeframe is less than 28 days.
Extensions of time
The Tribunal may extend time for lodgement of proceedings under Section 115 of the Tasmanian Civil and Administrative Tribunal Act 2020 and Statutory Rule 11 of the Tasmanian Civil and Administrative Tribunal Rules 2021. The General Review Form will have a section you can complete if you are requesting any proceedings to be given an extension to allow it to be lodged. You must provide details as to why the proceedings are being lodged outside the timeframe.
Application to Stay an Order
A person may want to appeal an order that has been made by a decision maker. Orders may have a time limit that requires someone to do something or stop doing something. Lodging an appeal with the Tribunal may not stop you still having to comply with the order.
A person can make an application to stop the order from operating while the appeal is being heard. These applications are called an application to ‘stay an order.’
An application to stay an order can be made on the General Review Form. Please make sure you provide the information that the form requests if you want to apply to stay an order.