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Internal appeals

Reviewable decisions

The Farm Debt Mediation Act 1994 (NSW) provides that a farmer or guarantor whose obligations are secured by a farm mortgage or the creditor may apply to the Authority for a review of a decision to:

  • grant, or refuse to grant a prohibition certificate;
  • grant, or refuse to grant an exemption certificate.

A mediator may also apply for review of a decision to:

  • accredit or reaccredit, or refuse to accredit or reaccredit, that mediator;
  • suspend or cancel the accreditation of that mediator.

It is highly recommended that you contact your local Rural Financial Counsellor, accountant and/or solicitor for advice or further information if you wish to appeal against a decision of the Authority under the FDM Act.

Application process for internal review and reconsideration decisions

Form 10  is a form approved by the Authority under section 18P(3)(a) of the Act.

Form 10 must be lodged with the Authority within 20 business days (or such longer period as the Authority may allow) after the person was notified of the making of the decision.

Within 30 business days of receiving an application for internal review of an original decision, the Authority will review the decision.

A determination is not invalid because it is made after 30 days.

The Authority may make a decision to confirm, amend or substitute another decision.

Effect of application for internal review

An application for internal review of a decision to grant an exemption certificate operates to stay the decision until the applicant is notified of the reviewer’s decision.

If an application for internal review concerns a decision to refuse a prohibition certificate, the creditor must not take enforcement action in respect of the farm mortgage concerned until the creditor is notified of the reviewer’s decision.

An application for internal review of any of the following decisions does not operate to stay the decision:

  • a decision to grant a prohibition certificate,
  • a decision to refuse an exemption certificate,
  • a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator,
  • a decision to suspend or cancel the accreditation of a mediator.

Notice of reconsidered decisions

The Authority will notify the applicant and/or their authorised representative of the review decision, and will provide a statement of reasons.

If the review relates to a decision about the grant or refusal of an exemption certificate or prohibition certificate, notice of the reviewer’s decision will also be given to the farmer, creditor and/or guarantor, and to the Authority.