An authority is proposing an adverse decision
A proposed refusal, licence restriction or enforcement decision may leave room for a supported response. We identify the issue the authority must decide, the material it relies on and the evidence that could make a difference.
- Jurisdiction
- New South Wales
- Page type
- Issue overview
- Timing
- Time-sensitive
On this page
This page may be relevant if:
- You have received a show-cause letter or proposed decision
- An authority has invited submissions about adverse material
- You want to propose a different condition, scope of work or compliance program
What this usually means
- Identify whether the document proposes a decision or already imposes an obligation. The response and review pathways may differ.
- Where a statutory representation process applies, its requirements govern the response. An opportunity to make submissions should not be assumed for every decision or urgent order.
- A useful submission addresses the applicable test, disputed facts and any alternative the authority can lawfully adopt. It cannot guarantee a favourable decision.
What commonly matters
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The opportunity to respond
Check the invitation, statutory process, response date and material available. Seek advice promptly if essential evidence cannot be obtained within the stated time.
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Evidence and alternatives
Link each factual correction to a document or report. Explain how a proposed alternative addresses the authority's concern and can be implemented.
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Preparing for the decision
Assess the cost of the response and the practical consequences if it is rejected. Identify any later review pathway separately.
How we help
- Prepare representations and show-cause responses
- Work with technical advisers on supporting evidence
- Assess proposed conditions and alternative compliance arrangements
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Related situations
- Council & regulatory A regulator has contacted you NSW government investigations: information requests, interviews, records, statutory powers and the relationship between a response and possible enforcement.
- Council & regulatory You want a government decision reconsidered An overview of NSW internal review, merits review and judicial review: identifying the decision, available forum, evidence, deadlines and litigation risks.
- Council & regulatory Council issued an order Respond effectively to notices of intention, orders (including stop work orders), compliance action and enforcement risk.
Where to start
Discuss representations before a decision
Tell us what the authority proposes and what you would like it to consider. We can discuss whether an initial engagement should address the response, evidence or alternatives.
30 minutes · Phone or Teams · No charge
Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing. Tell us any deadline or response date; it remains your responsibility until we confirm in writing that we act for you.