On 1 January 2014, the Administrative Decisions Tribunal (ADT) became the NSW Civil and Administrative Tribunal (NCAT).

If a person is not satisfied by the reviewable decision of an agency, they may apply to NCAT to review the decision.

There is no requirement that the decision is internally reviewed or reviewed by the NSW Information Commissioner before an application to NCAT.

If the Information Commissioner has already reviewed the decision, the applicant has 20 working days from being told of this decision to apply to NCAT.

If the person has chosen not to have a review by the Information Commissioner, they have 40 working days from being told of the agency’s decision to appeal to NCAT.

The NCAT Registry can provide the appropriate application form.

NCAT may uphold the decision of the agency, vary it, set the agency decision aside and make its own decision, or set it aside and send it back to the agency to remake the decision in accordance with NCAT’s recommendations.

NCAT decisions are available here.