Courts and Tribunals Tasmania

Administrative Appeals Division

Making an Application

Applications MUST contain:

  • the Applicant's full name and address;
  • the position title of the decision maker and the name and address of their organisation (respondent);
  • include the "relevant enactment" and the Section, Rule, Regulation that your application is based upon.( the AAD will only have jurisdiction where such right is conferred by statute); and
  • The Type of Application.

A copy of any letter or notice received from the organisation which made the decision which you are asking to be reviewed.

Applications may be in the form of a letter addressed to the Magistrates Court (Administrative Appeals Division) or using the form.

Lodgement

An original and 3 copies of an application must be filed with the court together with the prescribed fee, at any of the following locations:

  • 23-25 Liverpool Street, Hobart, Tasmania 7000
  • 73 Charles Street, Launceston, Tasmania, 7250
  • 38 Alexander Street, Burnie, Tasmania, 7320
  • 8 Griffith Street, Devonport, Tasmania, 7310

Exemption From Fees

Requests for exemption from fees must be made at the same time the application is lodged, and must give reasons for the request. The request will be considered by the Administrator of Courts and a decision made within 7 days.

After lodgement

The court will allocate a ' return date' for the application and will return 2 copies of the application to you with that date on it.

You (the Applicant) must arrange to have one copy of the application served on the Respondent (the other party to the application) within 14 days of the date of lodging the application with the court, or at the latest, not less than 3 days before the date fixed for the hearing of the application.  If you are unable to serve the documents in time you should return them to the court to get a new ' return date'.

Both parties and their legal representatives (if they have them) will need to attend on the 'return date' before a Magistrate. The application will not be heard on that date. The Magistrate will first ensure there is sufficient information in the documents lodged with the court for the matter to proceed and will conduct proceedings pursuant to the Magistrates Court (Administrative Appeals Division) Act 2001 and the Magistrates Court (Civil Division) Rules 1998.

Each party may be required to produce to the other party documents to support information set out in their application and affidavit in response.  You should ensure you have all those papers available by the ' return date'.

An application can only be made to the Magistrates Court (Administrative Appeals Division) if the relevant enactment says that it can [section 10(1) of the Act], AND all relevant review procedures have been completed under the relevant enactment [section 10(2) of the Act].

Information regarding the abovementioned Acts Rules and Regulations can be found on the following website:- www.thelaw.tas.gov.au