Section 118 of the Administrative Decisions Tribunal Act 1997 (NSW) empowers the ADT Appeal Panel to refer to the Supreme Court only questions of State law arising in the appeal; constitutional questions do not 'arise in the appeal' because they are not matters within the Tribunal's jurisdiction. Where constitutional issues are raised before the ADT, the appropriate course is for the affected party to seek declaratory relief directly in the Supreme Court rather than relying on the s 118 referral mechanism.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
3 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.