Your authority needs to make a sound statutory decision
An effective decision process begins with the power being exercised and the evidence needed to exercise it. We advise councils and public authorities on decision-making within our planning, environment, land and regulatory practice areas.
- Jurisdiction
- New South Wales
- Page type
- Issue overview
On this page
If you have received a decision or notice, a strict review or appeal period may already be running. Confirm it promptly and do not rely on an online enquiry.
This page may be relevant if:
- Your authority is preparing a notice, order or regulatory decision
- A delegation or decision-making procedure needs review
- Representations or conflicting evidence raise legal questions
What this usually means
- Identify the statutory power, its purpose and the person authorised to exercise it before settling the decision process.
- The applicable legislation and circumstances determine procedural requirements. Required notices, representations and relevant considerations need to be addressed in the decision record.
- A clear record should connect the evidence, statutory criteria and reasons. The availability of enforcement action does not make every proposed response appropriate.
What commonly matters
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Power and delegation
Check the instrument conferring the power and any delegation, conditions or limits. Identify which steps require the decision-maker's own assessment.
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Evidence and fairness
Separate established facts, disputed material and further enquiries. Plan any required opportunity to respond before finalising the decision.
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Reasons and implementation
Record the actual basis for the decision and settle clear, workable terms. Consider service, compliance monitoring and potential review proceedings.
How we help
- Advise on statutory powers, delegations and process
- Review proposed notices, representations and decision records
- Assess enforcement options and litigation risks
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 An authority is proposing an adverse decision Preparing NSW show-cause responses and representations about proposed government decisions, including evidence, statutory criteria and workable alternatives.
- 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 question the legality of a government decision NSW judicial review of government decisions affecting land and business: statutory power, process, remedies, evidence and the limits of a successful challenge.
Where to start
Discuss public authority decision-making
Tell us which statutory decision or enforcement process needs legal input. We can discuss the proposed scope, decision timetable and conflict checks.
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.