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Benchmark - Real Estate Cases & Commentary
Procedure
    •  Administrative Decision Tribunal
        -  Jurisdiction
            >  No jurisdiction to review State Government decison to suspend licences



No jurisdiction to review State Government decision to suspend licences 

The NSW Department of Services, Technology and Administration suspended the real estate and/or real estate and strata management licenses of four businesses pending a decision regarding disciplinary action, under the Property, Stock and Business Agents Act 2002 (NSW).

The businesses asked the Tribunal to exercise its jurisdiction to review these decisions. They sought orders reviewing the Department’s decision to suspend their licences. They also sought orders staying the suspensions pending outcome of their proceedings.

The Tribunal considered at some length whether it had jurisdiction to review the Department’s decision. The Tribunal concluded that while the Tribunal’s jurisdiction to review decisions made by an administrator in the exercise of a statutory function covers a range of decisions, it does not extend to reviewing a decision made under the Property, Stock and Business Agents Act to suspend a licence.

The Tribunal dismissed each of the applications in these proceedings for want of jurisdiction.

Watson v Director-General, Department of Services, Technology and Administration [2010] NSWADT 44