Appeal an ACAT decision

You can usually appeal an ACAT decision on a question of fact or law. There are some exceptions which can only be appealed on a question of law. An appeal must be lodged within 28 days after the decision is made.

Appeals within ACAT are heard by an Appeal Tribunal. The Appeal Tribunal consists of tribunal members who did not make the original decision, with appeal applications presided by the ACAT President or a Presidential Member.

An appeal often proceeds as a review of all or part of the original decision made by ACAT.

In limited situations, the appeal proceeds as a fresh hearing of the case. This means the Appeal Tribunal will consider all the issues as if the case was being heard for the first time, and may consider evidence that was not originally provided.

The Appeal Tribunal decides at the beginning of the appeal process whether the appeal will proceed as a review of the original decision or a fresh hearing.

To appeal some ACAT decisions you will need to go to the ACT Supreme Court.

Before you apply

Before you appeal, consider our 'before you apply' information below.

Can I appeal to ACAT?

You will need go to the ACT Supreme Court to appeal an ACAT review of a decision under the:

If you want to appeal a decision of the ACAT Appeal Tribunal, you will also need to go to the ACT Supreme Court.

Most other appeals can be heard by an ACAT Appeal Tribunal. The ACAT Member who made a decision about the original application will not hear the appeal.

An application to the Supreme Court can only be made on a question of law to appeal:

an ACAT decision in a Heritage Act 2004, Planning Act 2023 or Urban Forest Act 2023 application; or
an ACAT Appeal Tribunal decision in a Motor Accident Injuries Act 2019 external review application.

An appeal may be brought only if the Supreme Court grants leave for the appeal to proceed.

How long do I have to appeal?

An application for appeal [PDF 899KB] must be lodged no later than 28 days after the original ACAT decision is made.

What if I need an extension of time?

If you are still within the 28-day timeframe, you should lodge your application, but tell us (in writing) that you will be applying for leave (asking for permission) to lodge an amended application for appeal. Tell us:

the reasons why you will need to amend your application for appeal (for example, you are waiting for a statement of reasons for the original decision)
when you think you will be seeking permission to amend your application for appeal.

You can tell us this information either by email (attaching the application for appeal) or on the application for appeal in the box called Interim or Other Emergency Orders Sought.

When the time comes for you to amend your application for appeal, you will need to lodge an application for interim or other orders [PDF 231KB] to seek permission to amend your appeal.

What if I am outside the 28-day appeal period?

If you are outside the 28-day timeframe, you will need to complete part 8 of the appeal form and include:

in detail the reasons why the application is being filed late and why an extension of time should be provided to lodge the application.
any documents that support your application.

You will not be charged a fee for this application unless, permission to appeal is given.

If permission is given, the usual appeal fees will need to be paid.

Is the original decision automatically stayed?

Lodging an application for appeal [PDF 899KB] does not automatically stay (stop) the original ACAT decision. This means that the decision will still be ‘in effect’.

If you want to request a stay, fill in the ‘interim or emergency orders sought’ section on your application for appeal.

If you ask for a stay, ACAT will usually write to the respondent or respondents to ask if they will agree to the stay until the initial directions hearing. If the respondent does not consent, ACAT will schedule the case as early as possible for a short hearing to consider granting a stay of the decision.

Is there a fee to lodge an appeal?

There is a fee to lodge an application for appeal, unless you have an exemption, waiver or deferral.

Are there any other fees?

If you need a transcript of the original hearing, you will need to buy it from the transcription service, unless you have a fee exemption or waiver.

If you want ACAT to issue a subpoena you will need to pay a fee, unless you have a fee exemption, waiver or deferral.

There may also be a hearing fee if your matter is scheduled for more than one day of hearing.

Know the reasons for the decision about the original application

If ACAT made a decision in your case but did not provide reasons, you can ask for written reasons for the decision within 14 days after the decision is made.

You may want to request reasons before you appeal. A request for reasons does not stay or extend the 28-day appeal period. If you are waiting for reasons, it is your responsibility to ask to extend the appeal period (if needed).

How to appeal

To appeal an ACAT decision you need to:

review the 'before you apply' information above
fill in the application for appeal [PDF 899KB]
attach a copy of the order which sets out the decision being appealed
lodge the application, ensuring all details are completed clearly and in full (give us the original, you do not need to give us copies unless we ask for them)
pay the fee, unless you have an exemption, waiver or deferral.

Remember to check whether you:

are within the timeframe for making the application
need to request a stay of the decision, reasons or an urgent order
need to buy a transcript of the original hearing
need to get representation or advice.

If you have new or ‘fresh’ evidence for your appeal (in other words, evidence that was not given at the original hearing), you will need to fill in an application for interim or other orders form [PDF 231KB]. When you complete this form, you should:

attach a copy of the additional evidence you want to rely on
request permission to lodge the new evidence
provide reasons why the evidence should be lodged in the case, and tell us why this evidence was not before ACAT when the original decision was made.

ACAT staff can provide you with procedural advice, but cannot give legal advice. You can get legal advice about the appeal application. You may also authorise someone to represent you at the hearing of the appeal.

ACAT will serve both parties with the appeal application.

Urgent appeals

If your appeal application is urgent, fill in the ‘interim or emergency orders sought’ section on your application for appeal [PDF 899KB]. You must include details of the orders you are requesting ACAT to make.

If you have already lodged your application, complete an application for interim or other orders form [PDF 231KB]. You will need to set out what orders you are requesting and why.

It is important that you give as many details as possible when making a request for urgent orders.

ACAT will give a copy of your application to any other parties and seek their views. ACAT may then make the orders in chambers (without a hearing) or schedule the case for an urgent interim hearing.

Responding to an appeal

If you receive a notice that you are required to attend ACAT for an appeal that you did not commence yourself, you are a respondent. This notice will tell you when you need to attend ACAT. It will also tell you what you will be attending for (for example, a directions hearing).

ACAT will also give you a copy of the appeal application. The application will have information about:

who are the parties in the case (individuals or companies)
the contact details for the parties and any representative they have
details of the original ACAT decision
the reasons for the appeal
the orders sought (to replace or vary the orders made originally by ACAT).

You should consider the appeal application and:

the documents about the appeal
the errors of fact or law claimed by the appellant
whether to lodge a cross appeal
the decision you think should be made at the appeal (for example, should the original decision be confirmed, and what arguments do you have to support this?).

ACAT staff can provide you with procedural advice, but cannot give legal advice. You can get legal advice about the appeal. You can also authorise someone to represent you. See our information about representation and advice options.

Resolving an appeal

An initial directions hearing will usually be held to make directions to prepare the case for hearing. The directions will set out what each party is required to do. Find out more about how to prepare for the first directions hearing [DOC 55KB].

ACAT may hold a final directions hearing about a week before the hearing of the appeal. This is an opportunity to ask questions about the hearing process.

The case will be heard by an ACAT Appeal Tribunal. At the end of the hearing, the ACAT Member/s will indicate if they can deliver a decision immediately, or if they need to reserve the decision to be given later.

If you think that the Appeal Tribunal has made an error when making the decision, you can consider appealing to the ACT Supreme Court.

More information

Review our information about:

ACAT's rules about appeals (see part 3.1)
statement of reasons for decisions
buying transcripts
reserved decisions protocol
removal or referral to the ACT Supreme Court.

The Environmental Defender's Office has a fact sheet about Appealing Planning Decisions in ACAT.

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

DecisionWhat the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

income replacement benefits;
treatment and care benefits;
quality of life benefits;
death benefits;
funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

GuardianA guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

ManagerA manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

OrderA direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

Protected personA person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.