{"id":"a-2008-35","name":"ACT Civil and Administrative Tribunal Act 2008","slug":"act-civil-and-administrative-tribunal-act-2008","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"35 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22989,"registerId":"act-a-2008-35-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"23","sectionType":"section","heading":"February 2026. It also includes any commencement, amendment, repeal or expiry affecting","content":"23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Objects of Act 4\n7 Tribunal principles 4\n7A Duties of parties, authorised representatives and others 5\n8 Rules of evidence 5\n\nPage\ncontents 2 ACT Civil and Administrative Tribunal Act 2008\n9 Applications under authorising laws 6\n10 Making an application 6\n11 Applications subject to authorising laws 7\n12 When no action taken to be decision 7\n15 Definitions—pt 4 8\n16 Meaning of civil dispute and civil dispute application—Act 9\n17 Civil dispute applications 10\n18 $25 000 limit on civil dispute applications 10\n19 Working out amount of application for jurisdiction 10\n20 Abandoning excess to come within jurisdiction 11\n21 Jurisdiction by agreement—amounts over $25 000 11\n22 Tribunal jurisdiction and powers of Magistrates Court 11\nDivision 4A.1 Definitions—pt 4A\n22A Definitions—pt 4A 13\n22B Requirement to give reasons statements 13\n22C Reasons statement—declaration by tribunal 14\n22D Reasons statement declared insufficient 15\n22E Certain material not required to be disclosed 15\n22F Certain reasons statements—application of divs 4A.3 and 4A.4 16\n22G Meaning of prescribed reason—div 4A.3 16\n22H Public interest rules excluded from div 4A.3 17\n22I Non-disclosure certificates 17\n22J Dealing with non-disclosable matters—tribunal 18\n22K Non-disclosure certificate without prescribed reason 19\n22L Certifying authority may intervene 20\n22M Appearance etc of certifying authority 20\n\nPage\ncontents 3\nDivision 4A.4 Non-disclosure—Supreme Court proceedings\n22N Dealing with non-disclosable matters—Supreme Court 21\n22O Non-disclosure certificate without prescribed reason—Supreme Court 22\n22P Time for deciding land, planning and environment applications 22\n22Q People whose interests are affected 23\n22R Questions of law 23\n22S People who make certain decisions 24\n22T Legal and financial assistance for certain people 24\n23 Tribunal decides own procedure 26\n24 Rule-making power 26\n25 Subject matter of rules 27\n26 Tribunal may inform itself 29\n27 Procedures in authorising laws 29\n28 Time and place of proceedings 29\nDivision 5.2 Parties\n29 Parties to applications 29\n30 Representation 30\n31 Early resolution of applications 30\n32 Dismissing or striking out applications 30\n33 Preliminary conferences 31\n34 Admissibility of evidence given at preliminary conference 32\n35 Mediation for applications 33\n36 Applications to be heard 33\n37 Notice of hearing 34\n38 Hearings usually in public 34\n39 Hearings in private or partly in private 34\n40 Secrecy for private hearings etc 35\n41 Powers in relation to witnesses etc 37\n\nPage\ncontents 4 ACT Civil and Administrative Tribunal Act 2008\n41A Protection of lawyers etc and witnesses 38\n42 Arrest if people fail to appear 39\n43 Executing a warrant 40\n45 Taking part other than in person 41\n46 Lodging documents 41\n47 Amending documents 41\n47A Procedure in absence of party 41\n48 Costs of proceedings 42\n48A Costs of proceedings relating to review of decisions under Freedom of\nInformation Act 2016 44\n49 Costs for contravening an order 44\n50 Disclosure of material interests by tribunal members 45\n51 Reporting of disclosed tribunal member interests to Minister 47\n52 Decisions by majority or presiding member 48\n53 Interim orders 48\n54 Decisions without hearing 49\n55 Powers of tribunal if parties reach agreement 50\n55A Conciliated agreement orders 51\n55B Consumer complaints—orders giving effect to conciliation agreements 51\n56 Other actions by tribunal 52\n57 Powers and decisions in authorising laws 53\n58 No limitation on other functions of tribunal 53\n59 Tribunal to record details of order and give copy to parties 53\n60 Statement of reasons 54\n61 Making and effect of orders 55\n62 Reserving decisions 55\n63 Correction of errors 56\nDivision 6.2 Powers and decisions in applications for occupational\ndiscipline\n64 Definitions—div 6.2 56\n\nPage\ncontents 5\n65 Considerations before making orders on application for occupational\ndiscipline 56\n66 Orders for occupational discipline 57\n67 Kinds of directions for licensed and registered people 58\nDivision 6.3 Powers and decisions in applications for\nadministrative review\n67A Reviewable decision notice 59\n67B Internal review notice 60\n68 Review of decisions 61\n69 Effect of orders for administrative review 61\n69A Meaning of appropriate court—pt 7 62\n70 Application of Criminal Code, ch 7 62\n71 Enforcement of orders 62\n72 Faulty filed orders referred back to tribunal 63\n73 Fixed faulty orders 64\n74 Failure to comply with order 64\n75 Nonpayment of amounts ordered to be paid 65\n76 Suspension or cancellation on warning notice 66\n77 Referral of questions of law within tribunal 67\n78 Correction requests 67\n79 Appeals within tribunal 68\n80 Dismissing appeals 69\n81 Constitution of appeal tribunal 70\n82 Appeal tribunal—general powers 71\nDivision 8.1A Removal of combined fair work matter\n82A Removal from tribunal to Magistrates Court—combined fair work\nmatter 71\n83 Removal of applications from tribunal to Supreme Court 72\n84 Referral of questions of law to Supreme Court 72\n\nPage\ncontents 6 ACT Civil and Administrative Tribunal Act 2008\n85 Tribunal may not deal with appeals more suited to Supreme Court 73\n86 Appeals to Supreme Court 73\n87 Sending documents and things to Supreme Court 74\n88 Establishment of tribunal 76\n89 Constitution of tribunal for applications 76\n90 Considerations before allocating tribunal members to application 77\n91 President to nominate presiding member 77\n92 Tribunal member for an application not available 77\n93 Constitution of tribunal to exercise other functions 78\n94 Appointment of presidential members 78\n95 Requirements of appointment—presidential members 79\n96 Appointment of non-presidential members 80\n97 Appointment of assessors 80\n98 Term of appointment 81\n99 Ending appointments 81\n100 Conditions of appointment generally 82\n102 Retirement 82\n103 Presidential members not to do other work 83\n104 Functions of presidential members generally 83\n105 Functions of president 83\n105A Advising Attorney-General about systemic problems 84\n107 Functions of non-presidential members 84\n108 Functions of assessors 84\n109 Undertaking before exercising tribunal member functions 85\n110 Appointment of registrar 85\n111 Functions of registrar—non-presidential functions 85\n112 Functions of registrar—other 86\n113 Delegation of functions of registrar 86\n114 Deputy registrars 86\n\nPage\ncontents 7\n115A Definitions—pt 9A 87\n115B ACAT trust account 87\n115C Use of trust amounts 87\n115D Territory entities to pay amounts to ACAT trust account 88\n116 Protection of members etc from liability 89\n117 Approved forms 89\n118 Regulation-making power 90\nSchedule 1 Undertaking for exercise of tribunal member\nfunctions 91\nDictionary 92\n1 About the endnotes 97\n2 Abbreviation key 97\n3 Legislation history 98\n4 Amendment history 105\n5 Earlier republications 119\n6 Expired transitional or validating provisions 122\n\nAn Act to establish the ACT Civil and Administrative Tribunal to resolve issues\narising under certain legislation, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘contract application, for part 4\n(Civil disputes)—see section 15.’ means that the term ‘contract\napplication’ is defined in that section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are—\n(a) to provide for a wide range of matters arising under legislation\nto be resolved by the ACT Civil and Administrative Tribunal;\nand\n(b) to ensure that access to the tribunal is simple and inexpensive,\nfor all people who need to deal with the tribunal; and\n(c) to ensure that applications to the tribunal are resolved as quickly\nas is consistent with achieving justice; and\n(d) to ensure that decisions of the tribunal are fair; and\n(e) to enhance the quality of decision making under legislation; and\n(f) to encourage, and bring about, compliance in decision making\nunder legislation; and\n(g) to encourage tribunal members to act in a way that promotes the\ncollegiate nature of the tribunal; and\nNote Unless otherwise provided by this Act, the tribunal for the exercise\nof functions, other than functions in relation to applications, is\nmade up of the presidential members (see s 93).\n(h) to identify and bring to the Attorney-General’s attention\nsystemic problems in relation to the operation of authorising\nlaws.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Tribunal principles","content":"7 Tribunal principles\nIn exercising its functions under this Act, the tribunal must—\n(a) seek to ensure the procedures of the tribunal—\n(i) are as simple, quick, inexpensive and informal as is\nconsistent with achieving justice; and\n\nObjects and important concepts Part 2\n(ii) are implemented in a way that facilitates the resolution of\nthe issues between the parties so that the cost to the parties\nand the tribunal is proportionate to the importance and\ncomplexity of the subject matter of the proceeding; and\n(b) observe natural justice and procedural fairness.\n","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Duties of parties, authorised representatives and others","content":"7A Duties of parties, authorised representatives and others\nEach party to a proceeding, their authorised representative and\nanyone else accompanying the party or allowed to participate in the\nproceeding has a duty—\n(a) to cooperate with the tribunal to give effect to the tribunal\nprinciples mentioned in section 7; and\n(b) to comply with the Act and any directions.\nmade or in force under the Act, including any regulation or rules\n(see Legislation Act, s 104).\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Rules of evidence","content":"8 Rules of evidence\nTo remove any doubt, the tribunal need not comply with the rules of\nevidence applying in the ACT.\nNote The tribunal may inform itself in any way it considers appropriate in the\ncircumstances (see s 26).\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Applications under authorising laws","content":"9 Applications under authorising laws\nA person may apply to the tribunal if an authorising law provides that\nthe application may be made.\nNote A registrar may help a person make an application to the tribunal as the\nregistrar considers appropriate—see s 112 (1) (b).\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Making an application","content":"10 Making an application\n(1) An application to the tribunal must—\n(a) comply with the rules; and\n(b) be in writing, whether with or without a registrar’s help; and\n(c) state the reasons for making the application; and\n(d) be lodged at the tribunal registry.\n(2) An application to the tribunal for review of a decision must be made\nby a person within 28 days after the day the decision to be reviewed\nis made.\nNote The rules may prescribe a longer period for making the application (see\ns 25 (1) (e) and (2)).\n(3) However—\n(a) if notice of the decision is given to the person later than 5 days\nafter the day the decision is made—the application may be made\nwithin 28 days after the day the notice is given; and\n(b) if notice of the decision is required to be given to the person\nunder this Act or an authorising law, but is not given—the\napplication may be made within 28 days after the day the person\nbecomes aware of the decision; and\n\nApplications to tribunal Part 3\n(c) if the decision is taken to have been made under section 12\n(When no action taken to be decision)—the application may be\nmade within 28 days after the end of the period or reasonable\nperiod mentioned in the section.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Applications subject to authorising laws","content":"11 Applications subject to authorising laws\nThe right under an authorising law to make an application to the\ntribunal is subject to any condition stated in the authorising law.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"When no action taken to be decision","content":"12 When no action taken to be decision\n(a) an entity (the decision-maker) is required or allowed to do\nsomething under an authorising law; and\n(b) the decision-maker has not done the thing within the period for\ndoing the thing under the authorising law or, if no period is\nstated under the authorising law, a reasonable period for doing\nthe thing; and\n(c) the authorising law provides that a person may apply to the\ntribunal for review of a decision under the authorising law in\nrelation to doing the thing.\n(2) The decision-maker is taken to have decided, at the end of the period\nfor doing the thing, not to do the thing.\n\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Definitions—pt 4","content":"15 Definitions—pt 4\ncommon boundaries determination means a determination under the\nCommon Boundaries Act 1981, and includes a variation of a\ndetermination.\ncontract application means an application in relation to a contract,\nand includes an application for damages for breach of contract.\ndamages application means an application for damages for\nnegligence or for any other tort except nuisance or trespass.\ndebt application means an application for the recovery of a debt.\ndebt declaration, in relation to an application, means an order\ndeclaring that—\n(a) the applicant is or is not indebted to the respondent; or\n(b) the applicant is or is not indebted to the respondent for a stated\namount; or\n(c) the applicant is or is not indebted to the respondent for an\namount that is more than a stated amount.\ngoods application means an application in relation to the provision of\ngoods or services, and includes an application for damages for the\ndetention, or return, of goods.\nnuisance application means an application for relief for nuisance.\ntrespass application means an application for relief for trespass to\nland.\n\nCivil disputes Part 4\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of civil dispute and civil dispute application—","content":"16 Meaning of civil dispute and civil dispute application—\nAct\n(1) In this Act:\ncivil dispute means a dispute in relation to which a civil dispute\napplication may be made.\ncivil dispute application means an application that consists of 1 or\nmore of the following applications:\n(a) a contract application;\n(b) a damages application;\n(c) a debt application;\n(d) a goods application;\n(e) a nuisance application;\n(f) a trespass application;\n(g) an application for a debt declaration;\n(h) an application for a common boundaries determination;\n(i) an application for an order under the Australian Consumer\nLaw (ACT);\n(j) an application stated to be a civil dispute application in an\nauthorising law.\n(2) To remove any doubt, a civil dispute application does not include a\nfair work claim.\nNote 1 A fair work claim may be started in the Magistrates Court\n(see Magistrates Court Act 1930, pt 4.2A).\nNote 2 Orders may be sought for the contravention of a civil remedy provision\nin the Federal Court and Federal Circuit and Family Court of Australia\n(Division 2) (see Fair Work Act 2009 (Cwlth), s 539).\n\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Civil dispute applications","content":"17 Civil dispute applications\nA person may make a civil dispute application to the tribunal.\n18 $25 000 limit on civil dispute applications\n(1) A civil dispute application cannot be made to the tribunal for an\namount greater than the tribunal’s jurisdictional limit, unless\nsection 20 (Abandoning excess to come within jurisdiction) or\nsection 21 (Jurisdiction by agreement—amounts over $25 000)\nallows the application to be made.\n(2) The tribunal’s jurisdiction is limited to—\n(a) civil dispute applications claiming amounts of not more than\n$25 000; or\n(b) in relation to debt declarations—applications for declarations\nfor debts of not more than $25 000.\nNote For working out an amount to decide whether the tribunal has\njurisdiction—see s 19.\n(3) This section does not apply to—\n(a) an application for a common boundaries determination; or\n(b) an application prescribed by regulation.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Working out amount of application for jurisdiction","content":"19 Working out amount of application for jurisdiction\n(1) In working out the amount claimed, or the amount sought to be\ndeclared as a debt, to decide whether the tribunal has jurisdiction in\nrelation to a civil dispute application, the following amounts for the\napplication are to be disregarded:\n(a) a claim for interest;\n(b) a claim for a lump sum instead of interest.\n\nCivil disputes Part 4\n(2) In working out the amount claimed, to decide whether the tribunal\nhas jurisdiction in relation to a goods application, the following\namounts are to be considered:\n(a) the value of the goods or services;\n(b) any amount claimed for damages for the detention of the goods.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Abandoning excess to come within jurisdiction","content":"20 Abandoning excess to come within jurisdiction\n(1) This section applies if a person would be entitled to make an\napplication claiming an amount greater than $25 000 in a court of\ncompetent jurisdiction.\n(2) The person may, by a civil dispute application to the tribunal,\nabandon the excess by limiting the claim to $25 000.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Jurisdiction by agreement—amounts over $25 000","content":"21 Jurisdiction by agreement—amounts over $25 000\n(a) a civil dispute application could be made to the tribunal but for\nsection 18 ($25 000 limit on civil dispute applications); and\n(b) the parties agree to the application being decided by the tribunal;\nand\n(c) the tribunal is satisfied that the parties understand that the\namount of the claim in excess of $25 000 is not being\nabandoned.\n(2) The civil dispute application may be made, and the tribunal has\njurisdiction to hear the application, despite section 18.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Tribunal jurisdiction and powers of Magistrates Court","content":"22 Tribunal jurisdiction and powers of Magistrates Court\n(1) The tribunal has, in relation to civil dispute applications, the same\njurisdiction and powers as the Magistrates Court has under the\nMagistrates Court Act 1930, part 4.2 (Civil jurisdiction).\n\n(2) However, a rule may prescribe provisions of the Magistrates Court\nAct 1930, part 4.2 that do not apply in relation to the tribunal.\nNote The Magistrates Court Act 1930, pt 4.2 deals with the civil jurisdiction\nof the Magistrates Court, including that the Magistrates Court—\n(a) may hear and decide any personal action at law, including an action\nrelating to the detention of goods, subject to a monetary limit\n(see s 257); and\n(b) may grant any relief, redress or remedy and must give effect to any\ndefence, counterclaim or set-off in the same way as the Supreme\nCourt (see s 258); and\n(c) does not have jurisdiction to hear and decide a proceeding\nquestioning title to land (unless incidental in the proceeding)\n(see s 264).\n\nDefinitions—pt 4A Division 4A.1\n","sortOrder":19},{"sectionNumber":"Div 4A","sectionType":"division","heading":"1 Definitions—pt 4A","content":"Division 4A.1 Definitions—pt 4A\n","sortOrder":20},{"sectionNumber":"22A","sectionType":"section","heading":"Definitions—pt 4A","content":"22A Definitions—pt 4A\ncertifying authority, in relation to a non-disclosure certificate, means\nthe entity that gives the certificate.\ndecision-maker, for a reviewable decision, means—\n(a) the person who makes the decision; or\n(b) if no-one is occupying the decision-maker’s position, or the\nposition no longer exists—someone else declared by the tribunal\nto be the decision-maker for the decision.\nNote A reference to the occupant of a position (however expressed)\nincludes a reference to anyone for the time being occupying the\nposition (see Legislation Act, s 185).\nnon-disclosure certificate means a certificate under section 22I.\nreasons statement—see section 22B.\nreviewable decision means a decision that may be reviewed by the\n","sortOrder":21},{"sectionNumber":"22B","sectionType":"section","heading":"Requirement to give reasons statements","content":"22B Requirement to give reasons statements\n(a) a decision-maker makes a reviewable decision; and\n(b) within 28 days after the day the decision is made, a person\n(the applicant) who may apply for review of the decision asks\nthe decision-maker in writing for a statement of reasons for the\ndecision (a reasons statement).\n\nNote The rules may prescribe a longer period for asking for a statement\nof reasons (see s 25 (1) (e) and (2)).\n(2) The decision-maker must give the applicant a written reasons\nstatement for the decision within 28 days after the day the applicant\nasks for the statement unless—\n(a) the decision contains the matters that a reasons statement would\ncontain; or\n(b) a document that contains the matters that a reasons statement\nwould contain has already been given to the applicant; or\n(c) section 22E (Certain material not required to be disclosed)\napplies in relation to the decision.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n","sortOrder":22},{"sectionNumber":"22C","sectionType":"section","heading":"Reasons statement—declaration by tribunal","content":"22C Reasons statement—declaration by tribunal\n(1) A person (the declaration applicant) to whom a reasons statement\nhas been given may apply to the tribunal for a declaration under this\nsection.\n(2) If the tribunal considers that the information included in the reasons\nstatement is not sufficient, the tribunal may declare that the statement\nis not sufficient.\nExamples—why reasons statement is insufficient\n1 insufficient particulars of findings on material questions of fact\n2 insufficient reference to evidence or other material on which findings based\n3 insufficient particulars of reasons for decision\n(3) The declaration must explain why the reasons statement is not\nsufficient.\n(4) A copy of the declaration must be given to the declaration applicant\nand decision-maker.\n\nReasons statements Division 4A.2\n","sortOrder":23},{"sectionNumber":"22D","sectionType":"section","heading":"Reasons statement declared insufficient","content":"22D Reasons statement declared insufficient\n(1) This section applies if the tribunal declares under section 22C that a\nreasons statement is insufficient.\n(2) The decision-maker must, within 28 days after the day the tribunal\nmakes the declaration, give the person who applied for the declaration\nan additional statement containing the information, evidence,\nmaterial or anything else required to make the reasons statement\nsufficient.\n(3) For this Act—\n(a) the additional statement is taken to be part of the reasons\nstatement; and\n(b) the reasons statement is taken to have been given when the\nadditional statement is given.\n","sortOrder":24},{"sectionNumber":"22E","sectionType":"section","heading":"Certain material not required to be disclosed","content":"22E Certain material not required to be disclosed\n(1) This section applies if the Minister certifies in writing that the\ndisclosure of a stated matter proposed to be included in a\ndecision-maker’s reasons statement is not in the public interest—\ndecisions of the Executive or an Executive committee; or\nbasis for a claim by the Territory in a judicial proceeding that\nthe matter should not be disclosed.\n(2) The decision-maker—\n(a) is not required to include the matter in the statement; and\n(b) if the statement would be false or misleading if it did not include\nthe matter—is not required to give the statement.\n\n(3) The decision-maker must, within 28 days after the day the Minister\nmakes the certificate, tell the applicant in writing—\n(a) if the matter is not included in the reasons statement—that the\nmatter is not included, and the reason for not including the\nmatter; or\n(b) if the statement is not given—that the statement will not be\ngiven, and the reason for not giving the statement.\n","sortOrder":25},{"sectionNumber":"22F","sectionType":"section","heading":"Certain reasons statements—application of divs 4A.3 and","content":"22F Certain reasons statements—application of divs 4A.3 and\n4A.4\n(a) the Minister has given a certificate in relation to a reasons\nstatement mentioned in section 22E (3) (a) about a decision; and\n(b) the decision is the subject of an application for review to the\n(2) Division 4A.3 and division 4A.4 apply in relation to the certificate as\nif it were a non-disclosure certificate.\n","sortOrder":26},{"sectionNumber":"22G","sectionType":"section","heading":"Meaning of prescribed reason—div 4A.3","content":"22G Meaning of prescribed reason—div 4A.3\nIn this division:\nprescribed reason, for the giving of a non-disclosure certificate,\nmeans a reason mentioned in section 22I in relation to the certifying\nauthority, other than a reason stated in the certificate that could form\nthe basis for a claim in a judicial proceeding that the information or\nmatter should not be disclosed.\n\nTribunal hearings—non-disclosure Division 4A.3\n","sortOrder":27},{"sectionNumber":"22H","sectionType":"section","heading":"Public interest rules excluded from div 4A.3","content":"22H Public interest rules excluded from div 4A.3\n(1) This division excludes the operation of any rule of law that relates to\nthe public interest and would otherwise apply in relation to the\ndisclosure of information, or a matter stated in a document, in a\nproceeding before the tribunal.\n(2) However, this division does not exclude the operation of the Human\nRights Act 2004.\n","sortOrder":28},{"sectionNumber":"22I","sectionType":"section","heading":"Non-disclosure certificates","content":"22I Non-disclosure certificates\n(1) The Minister may certify in writing that the disclosure of information\nabout a stated matter, or a matter stated in a document, is not in the\npublic interest—\ndecisions of the Executive or an Executive committee; or\nbasis for a claim by the Territory in a judicial proceeding that\nthe information or matter should not be disclosed.\n(2) The Commonwealth Attorney-General may certify in writing that the\ndisclosure of information about a stated matter, or a matter stated in\na document, is not in the public interest—\n(a) because it would prejudice the security, defence or international\nrelations of the Commonwealth; or\n(b) because it would involve the disclosure of deliberations or\ndecisions of the Commonwealth Cabinet or a Cabinet\ncommittee; or\n(c) for any other reason stated in the certificate that could form the\nbasis for a claim by the Commonwealth in a judicial proceeding\nthat the information or matter should not be disclosed.\n\n(3) The Attorney-General of a State or another Territory may certify in\nwriting that the disclosure of information about a stated matter, or a\nmatter stated in a document, is not in the public interest—\ndecisions of the Cabinet or Executive, or a committee of the\nCabinet or Executive, of the State or other Territory; or\nbasis for a claim by the State or other Territory in a judicial\nproceeding that the information or matter should not be\ndisclosed.\n","sortOrder":29},{"sectionNumber":"22J","sectionType":"section","heading":"Dealing with non-disclosable matters—tribunal","content":"22J Dealing with non-disclosable matters—tribunal\n(a) a person (the relevant person) is required under this Act to—\n(i) disclose information for a tribunal proceeding; or\n(ii) produce a document to, or lodge a document with, the\n(b) the information is, or the document states, a matter\n(the non-disclosable matter) to which a non-disclosure\ncertificate relates.\n(2) The relevant person must disclose the information, or produce or\nlodge the document, as required.\n(3) However, the tribunal must do everything reasonably necessary to\nensure that—\n(a) the non-disclosable matter is not disclosed to anyone other than\na tribunal member hearing the proceeding; and\n(b) for a document produced to or lodged with the tribunal—the\ndocument is returned to the relevant person.\n\nTribunal hearings—non-disclosure Division 4A.3\n(4) This section does not prevent the disclosure of the non-disclosable\nmatter to a member of the staff of the tribunal in the course of the\nexercise of the member’s functions as a staff member.\n(5) This section is subject to section 22K and section 87 (Sending\ndocuments and things to Supreme Court).\n","sortOrder":30},{"sectionNumber":"22K","sectionType":"section","heading":"Non-disclosure certificate without prescribed reason","content":"22K Non-disclosure certificate without prescribed reason\n(a) a certifying authority gives a non-disclosure certificate in\nrelation to information or a matter; and\n(b) the non-disclosure certificate does not include a prescribed\nreason for the giving of the certificate.\n(2) The certifying authority is a party to the proceeding in which the\ninformation or matter is to be considered.\n(3) The tribunal must decide whether the information or matter should be\ndisclosed to a party to the proceeding.\n(4) Before making the decision, the tribunal must consider the following:\n(a) that the parties to a proceeding should be made aware of all\nrelevant matters;\n(b) any reason why the disclosure of the information or matter is not\nin the public interest that is stated in the non-disclosure\ncertificate.\n(5) If the tribunal decides that the information or matter should be\ndisclosed, the tribunal must—\n(a) give each party to the proceeding written notice of the decision;\nand\n(b) make the information available or allow the part of the document\nstating the matter to be inspected.\n\n","sortOrder":31},{"sectionNumber":"22L","sectionType":"section","heading":"Certifying authority may intervene","content":"22L Certifying authority may intervene\n(1) This section applies if a person (the asked person) is asked a question\nwhile giving evidence at a tribunal hearing.\n(2) A certifying authority may tell the tribunal that, in the authority’s\nopinion, answering the question would not be in the public interest\nfor a stated reason mentioned in section 22I (Non-disclosure\ncertificates).\n(3) The certifying authority is a party to the proceeding.\n(4) The asked person is excused from answering the question unless—\n(a) if the reason stated is, or the reasons stated include, a prescribed\nreason—the Supreme Court, on a reference under section 84,\ndecides that it would not be against the public interest to answer\nthe question; or\n(b) in any other case—the tribunal decides that it would not be\nagainst the public interest to answer the question.\n(5) If the tribunal decides that it would not be against the public interest\nto answer the question, the tribunal must give each party written\nnotice of the decision.\n","sortOrder":32},{"sectionNumber":"22M","sectionType":"section","heading":"Appearance etc of certifying authority","content":"22M Appearance etc of certifying authority\nA certifying authority may—\n(a) appear before the tribunal personally, or may be represented\nbefore the tribunal by a lawyer or someone else, to tell the\ntribunal the authority’s opinion under section 22L; or\n(b) tell the tribunal the authority’s opinion by giving the tribunal a\nsigned certificate setting out the opinion.\n\nNon-disclosure—Supreme Court proceedings Division 4A.4\nDivision 4A.4 Non-disclosure—Supreme Court\nproceedings\n","sortOrder":33},{"sectionNumber":"22N","sectionType":"section","heading":"Dealing with non-disclosable matters—Supreme Court","content":"22N Dealing with non-disclosable matters—Supreme Court\n(a) a person is required under this Act to—\n(i) disclose information for a tribunal proceeding; or\n(ii) produce a document to, or lodge a document with, the\n(b) the information is, or the document states, a matter\n(the non-disclosable matter) to which a non-disclosure\ncertificate relates; and\n(c) a Supreme Court proceeding begins in relation to the tribunal\nproceeding.\nNote This section also applies to a certificate in relation to a reasons statement\nmentioned in s 22E (3) (a) (see s 22F).\n(2) The Supreme Court must do everything reasonably necessary to\nensure that the non-disclosable matter is not disclosed to anyone other\nthan a member of the court as constituted for the proceeding.\nNote At the end of the Supreme Court proceeding, the court must return a\ndocument or thing that was sent to the court by the tribunal to the tribunal\n(see s 87).\n(3) This section does not prevent the disclosure of the non-disclosable\nmatter to a member of the staff of the court in the course of the\nexercise of the member’s functions as a staff member.\nSupreme Court proceeding—see section 87.\n\n","sortOrder":34},{"sectionNumber":"22O","sectionType":"section","heading":"Non-disclosure certificate without prescribed reason—","content":"22O Non-disclosure certificate without prescribed reason—\nSupreme Court\n(a) a certifying authority gives a non-disclosure certificate in\nrelation to information or a matter; and\n(b) the non-disclosure certificate does not include a prescribed\nreason for the giving of the certificate; and\n(c) a question for decision by the Supreme Court is whether the\ninformation or matter should be disclosed to a party to the\ntribunal proceeding; and\n(d) the court decides that the information or matter should be\ndisclosed.\n(2) The court must make the information available or allow the part of\nthe document stating the matter to be inspected.\nNote This section also applies to a certificate in relation to a reasons statement\nmentioned in s 22E (3) (a) (see s 22F).\n","sortOrder":35},{"sectionNumber":"22P","sectionType":"section","heading":"Time for deciding land, planning and environment","content":"22P Time for deciding land, planning and environment\napplications\n(1) This section applies in relation to an application for review by the\ntribunal of a decision under any of the following Acts:\n• Heritage Act 2004\n• Planning Act 2023\n• Urban Forest Act 2023.\n(2) The tribunal must decide the application within 120 days after the day\nthe application is made.\n\nMiscellaneous Division 4A.5\n(3) However, the president may, in writing, extend the period for\ndeciding the application if satisfied that the extension is in the\ninterests of justice.\n(4) A failure to comply with this section in relation to an application does\nnot affect the validity of a decision on the application.\n","sortOrder":36},{"sectionNumber":"22Q","sectionType":"section","heading":"People whose interests are affected","content":"22Q People whose interests are affected\n(1) In an authorising law, a reference to a person whose interests are\naffected by a decision (however described) includes a reference to an\nunincorporated body, the Territory, the Commonwealth, a territory\nauthority or Commonwealth authority.\n(2) A body has interests that are affected by a decision if the decision\nrelates to a matter included in the objects or purposes of the body.\n(3) Subsection (2) does not apply in relation to a decision given before\nthe body was formed or before the objects or purposes of the body\nincluded the matter.\n(4) The tribunal may decide whether or not a person’s interests are\naffected by a decision, and the tribunal’s decision is conclusive.\nCommonwealth authority means a body established under a\nCommonwealth law.\n","sortOrder":37},{"sectionNumber":"22R","sectionType":"section","heading":"Questions of law","content":"22R Questions of law\nFor this Act, each of the following is a question of law:\n(a) the question whether information, or matter contained in a\ndocument, should be disclosed to the parties to a proceeding;\n(b) the question whether the answering by a person of a question\nwould be contrary to the public interest.\n\n","sortOrder":38},{"sectionNumber":"22S","sectionType":"section","heading":"People who make certain decisions","content":"22S People who make certain decisions\n(1) In this Act or an authorising law, a reference to a person\n(the decision-maker) who makes an internally reviewable decision or\nreviewable decision includes, if the decision-maker is an\nunincorporated body, the Territory or a territory authority, a reference\nto the body, Territory or authority.\n(2) In this section:\ninternally reviewable decision means a reviewable decision that,\nunder an authorising law, may be internally reviewed or reconsidered\nbefore review by the tribunal.\nreviewable decision means a decision that, under an authorising law,\nis reviewable by the tribunal.\n","sortOrder":39},{"sectionNumber":"22T","sectionType":"section","heading":"Legal and financial assistance for certain people","content":"22T Legal and financial assistance for certain people\n(1) This section applies to a person who, in relation to a matter arising\nunder this part—\n(a) makes, or proposes to make, an application to the tribunal; or\n(b) is a party to an application before the tribunal made by another\nperson; or\n(c) proposes to begin a proceeding for review of a decision, or is a\nparty to a proceeding, before a court.\n(2) The person may apply to the Minister for assistance in relation to the\napplication or proceeding.\n(3) The Minister may authorise the provision by the Territory of legal or\nfinancial assistance determined by the Minister in relation to the\napplication or proceeding if satisfied that—\n(a) it would involve hardship to the person to refuse the application;\nand\n\nMiscellaneous Division 4A.5\n(b) in all the circumstances, it is reasonable that the application be\ngranted.\n(4) The Minister may impose conditions on the authorisation to provide\nassistance.\n\n23 Tribunal decides own procedure\n(1) The tribunal may decide its own procedure at any stage in dealing\nwith an application if no procedure is prescribed for the application\nunder this Act or an authorising law.\nNote 1 The procedures of the tribunal must be as simple, quick, inexpensive and\ninformal as is consistent with achieving justice (see s 7 (a)).\nNote 2 A reference to an Act includes a reference to any statutory instrument\nmade or in force under the Act (see Legislation Act, s 104).\n(2) The tribunal may, by order, dispense with the application of a\nprovision of the rules to a particular proceeding on any conditions it\nconsiders appropriate.\n(3) The tribunal may make an order under subsection (2) on application\nby a party, another person or on its own initiative.\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Rule-making power","content":"24 Rule-making power\n(1) The tribunal may make rules in relation to the practice and procedure\nof the tribunal and the tribunal registry.\nNote The power to make rules for the tribunal includes power to make rules in\nrelation to any matter necessary or convenient to be prescribed for\ncarrying out or giving effect to the jurisdiction of the tribunal under any\nlaw of the Territory or Commonwealth that authorises or requires\nanything to be done in or in relation to the tribunal (see Legislation Act,\ns 45).\n(2) In making a rule, the tribunal must consider—\n(a) the requirement to ensure that applications to the tribunal are\nresolved as quickly as is consistent with achieving justice; and\n\nProcedures generally Division 5.1\n(b) the requirement for procedures of the tribunal to be as simple,\nquick, inexpensive and informal as is consistent with achieving\njustice; and\n(c) rules dealing with similar matters under the Court Procedures\nRules 2006; and\n(d) if the rule is a kind mentioned in section 25 (1) (e)—the\ndesirability of being able to rely on the words in the Act.\n(3) This section does not limit the power of the tribunal or a tribunal\nmember to control proceedings.\n(4) A rule is a notifiable instrument.\n(5) The tribunal must provide the rule-making committee, under the\nCourt Procedures Act 2004, with a copy of a rule made by the\n","sortOrder":41},{"sectionNumber":"25","sectionType":"section","heading":"Subject matter of rules","content":"25 Subject matter of rules\n(1) The rules the tribunal may make under section 24 include, but are not\nlimited to, rules to do the following:\n(a) to allow the tribunal to make orders in a short form;\n(b) to prescribe how the tribunal may deal with applications and\nother proceedings, including when a tribunal may stop a person\nrepresenting another person before the tribunal;\n(c) to facilitate the early resolution of matters arising in\napplications;\nThe tribunal may make rules about referring an application to an agency that\nthe tribunal considers is more appropriate to handle the application.\n(d) to prescribe the functions, and limits on the functions, of a\nregistrar;\n\n(e) to prescribe a time for doing a thing by a person that is longer\nthan the time for doing the thing provided under this Act or an\nauthorising law—\n(i) in relation to an application to the tribunal; but\n(ii) not in relation to any thing to be done by the tribunal;\na rule about the time for filing an application\n(f) to allow the tribunal to make orders about costs for complying\nwith subpoenas;\n(g) to prescribe when the tribunal must make a person a party to a\nproceeding before the tribunal;\n(h) to prescribe what happens if a decision that is the subject of an\napplication for review to the tribunal is reconsidered.\n(2) If a rule of a kind mentioned in subsection (1) (e) prescribes a time\nfor doing something that is longer than the time for doing the thing\nset out in this Act or an authorising law, the time for doing the thing\nis the longer time prescribed by rule.\n(3) To remove any doubt, a rule of a kind mentioned in subsection (1) (e)\ncannot prescribe a time for doing a thing that is longer than the time\nprescribed by an authorising law if the authorising law provides that\nthe thing cannot be done in the longer time.\nNote Any procedure under an authorising law for dealing with an application\nprevails over the procedures set out in the rules for dealing with the\napplication (see s 27). For example, the Planning Act 2023, s 507 (4)\nprovides, in relation to applications for review by third parties, that the\nperiod for making an application for review of a decision under that Act\ncannot be extended. That provision prevails over any rule to extend the\ntime for making an application under that Act.\n\nParties Division 5.2\n","sortOrder":42},{"sectionNumber":"26","sectionType":"section","heading":"Tribunal may inform itself","content":"26 Tribunal may inform itself\nThe tribunal may inform itself in any way it considers appropriate in\nthe circumstances.\n1 asking an assessor for expert advice on a matter\n2 relying on previous experience in relation to the matter\n","sortOrder":43},{"sectionNumber":"27","sectionType":"section","heading":"Procedures in authorising laws","content":"27 Procedures in authorising laws\n(1) An authorising law may set out procedures for dealing with an\napplication made under the authorising law.\n(2) Any procedure under an authorising law for dealing with an\napplication prevails over the procedures set out in this Act or the rules\nfor dealing with the application, to the extent of any inconsistency.\n(3) To remove any doubt, this Act is not inconsistent with an authorising\nlaw only because 1 Act deals with a matter and the other does not.\n28 Time and place of proceedings\nThe tribunal sits at the times and places the president decides.\nDivision 5.2 Parties\n29 Parties to applications\n(1) The parties to an application are the applicant and the respondent,\nunless this section or an authorising law otherwise provides.\n(2) The parties to an application for occupational discipline are the entity\nbringing the application and the person to whom the application\nrelates.\n(3) The parties to an application for review of a decision are the applicant\nand the decision-maker.\n\n(4) The party to an application for an advisory opinion is the applicant.\n(5) The tribunal may, by written notice to the parties to an application,\njoin a person as a new party to the application if—\n(a) the person has an interest in the application; or\n(b) for an appeal—the person was a party to the original decision.\n(6) The tribunal must not join a person as a new applicant to an\napplication if the person is not entitled to apply to the tribunal under\nthe authorising law under which the application is made.\nExample—s (6)\nUnder the Planning Act 2023, s 506 only an entity mentioned in relation to a\ndecision in that Act may apply for review of a decision.\n","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Representation","content":"30 Representation\nA person may, in relation to an application before the tribunal, appear\nin person or be represented by a lawyer or someone else (other than a\nperson prescribed under the rules).\nNote The rules may make provision about when the tribunal may stop a person\nrepresenting another person before the tribunal (see s 25 (1) (b)).\n","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Early resolution of applications","content":"31 Early resolution of applications\nIf the tribunal considers it appropriate, the tribunal may take all\nreasonably practicable steps to resolve matters arising in an\napplication before the application is heard.\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Dismissing or striking out applications","content":"32 Dismissing or striking out applications\n(1) This section applies if the tribunal considers that an application, or\npart of an application is––\n(a) frivolous or vexatious; or\n(b) lacking in substance; or\n\nCase management Division 5.3\n(c) otherwise an abuse of process; or\n(d) made by a person who has been dealt with by a court or tribunal\nin Australia as frivolous or vexatious.\n(2) The tribunal may, by order, do 1 or more of the following:\n(a) refuse to hear the application or part of the application;\n(b) dismiss the application or part of the application;\n(c) direct that the person who made the application not make a\nsubsequent application to the tribunal of the kind stated in the\ndirection—\n(i) within a stated period of time; or\n(ii) without the leave of the tribunal.\nNote If the application is for review of a decision under the Heritage Act 2004,\nthe Planning Act 2023 or the Urban Forest Act 2023, the tribunal may\nalso order the applicant to pay costs (see s 48 (2) (d)).\n(3) The tribunal may make an order under subsection (2) on its own\ninitiative or on application by a party.\n(4) The tribunal may vary or revoke a direction given under subsection\n(2) (c)—\n(a) on its own initiative; or\n(b) on application by the person who is the subject of the order.\n","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Preliminary conferences","content":"33 Preliminary conferences\n(1) The tribunal may require the parties to an application to attend a\npreliminary conference.\n\n(2) The tribunal may make inquiries, or require further information from\na party, for or during a preliminary conference.\nThe tribunal may talk to the person who made a complaint to which an application\nfor occupational discipline relates.\nNote Consequences for failure to comply with an order of the tribunal are set\nout in s 48 (2) (c) and s 74.\n","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Admissibility of evidence given at preliminary conference","content":"34 Admissibility of evidence given at preliminary conference\n(1) Evidence given by a person before the tribunal during a preliminary\nconference is not admissible in evidence against the person in a\ncriminal proceeding, other than a proceeding for—\n(a) an offence in relation to the falsity or misleading nature of the\nevidence; or\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n(2) Also, any information obtained, directly or indirectly, because of the\ngiving of further information by a person in accordance with a\nrequirement under section 33 (2), or the giving of evidence by a\nperson before the tribunal during a preliminary conference, is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for—\n(a) an offence in relation to the falsity or the misleading nature of\nthe information or evidence; or\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n(3) Evidence of any words spoken at a preliminary conference must not\nbe admitted in a proceeding under this Act.\n\n","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Mediation for applications","content":"35 Mediation for applications\n(1) This section applies if the tribunal considers that a matter to which an\napplication relates—\n(a) is suitable for mediation; and\n(b) is reasonably likely to be resolved by mediation.\n(2) The tribunal may, by order—\n(a) refer the matter to an accredited mediator for mediation; and\n(b) require the parties to attend the mediation.\n(3) The tribunal may make the order on its own initiative or on\napplication by a party.\nNote 1 Consequences for failure to comply with an order of the tribunal are set\nout in s 48 (2) (c) and s 74.\nNote 2 The Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation\nordered under this section.\n","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Applications to be heard","content":"36 Applications to be heard\nThe tribunal must hear each application made to it unless the\ntribunal—\n(a) refuses to hear the application, or part of the application, or\ndismisses it; or\n(b) decides not to hold a hearing.\nNote 1 The tribunal may refuse to hear an application, or part of an application,\nor dismiss it under s 32 (2) (a) and (b) and decide not to hold a hearing\nunder s 54.\nNote 2 The tribunal may make rules to facilitate the early resolution of matters\narising in applications, including rules about referring an application to\nan agency that the tribunal considers is more appropriate to handle the\napplication (see s 25 (1) (c)).\n\n","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Notice of hearing","content":"37 Notice of hearing\nA registrar must give written notice of the time and place for the\nhearing of an application to the parties.\n","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Hearings usually in public","content":"38 Hearings usually in public\n(1) The hearing of an application by the tribunal must be in public.\n(2) However, this section does not apply to a hearing, or part of a hearing,\nif the tribunal makes an order under section 39 in relation to the\nhearing, or part.\n","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Hearings in private or partly in private","content":"39 Hearings in private or partly in private\n(1) This section applies in relation to an application, or part of an\napplication, if the tribunal is satisfied that the right to a public hearing\nis outweighed by competing interests.\nNote See s (5) in relation to competing interests.\n(2) The tribunal may, by order, do 1 or more of the following:\n(a) direct that the hearing of the application, or part of the hearing,\ntake place in private and give directions about the people who\nmay be present;\n(b) give directions prohibiting or restricting the publication of\nevidence given at the hearing, whether in public or private, or of\nmatters contained in documents filed with the tribunal or\nreceived in evidence by the tribunal for the hearing;\n(c) give directions prohibiting or restricting the disclosure to some\nor all of the parties to the application of evidence given at the\nhearing, or of a matter contained in a document lodged with the\ntribunal or received in evidence by the tribunal for the hearing.\n(3) The tribunal may make an order under subsection (2) on application\nby a party or on its own initiative.\n\n(4) A person must not contravene an order under subsection (2) (b) or (c).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(5) For this section, the right to a public hearing is outweighed by\ncompeting interests if the tribunal is satisfied that the application, or\npart of the application, should be kept private—\n(a) to protect morals, public order or national security in a\ndemocratic society; or\n(b) because the interest of the private lives of the parties require the\nprivacy; or\n(c) to the extent privacy is strictly necessary, in special\ncircumstances of the application, because publicity would\notherwise prejudice the interests of justice.\n","sortOrder":54},{"sectionNumber":"40","sectionType":"section","heading":"Secrecy for private hearings etc","content":"40 Secrecy for private hearings etc\n(1) In this section:\ncourt includes any entity with power to require the production of\ndocuments or answering of questions.\ndivulge includes communicate.\nproduce includes allow access to.\nprotected information means information that is disclosed to, or\nobtained by, a person to whom this section applies if—\n(a) the information is disclosed to the person because of the exercise\nof a function under this Act by the person or someone else; and\n(b) at disclosure, the function is being exercised in relation to—\n(i) a hearing held in private; or\n(ii) evidence, or a document, to which a direction under\nsection 39 (2) (b) or (c) applies.\n\n(2) This section applies to a person who is, or has been—\n(a) a tribunal member; or\n(b) a member of the staff of the tribunal; or\n(c) acting under the direction or authority of the tribunal.\n(3) The person commits an offence if—\n(a) the person—\n(i) makes a record of protected information; and\n(ii) is reckless about whether the information is protected\ninformation; or\n(b) the person—\n(i) does something that divulges protected information; and\n(ii) is reckless about whether—\n(A) the information is protected information; and\n(B) doing the thing would result in the information being\ndivulged.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(4) This section does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(5) The person need not divulge protected information to a court, or\nproduce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another territory law.\n\n","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"Powers in relation to witnesses etc","content":"41 Powers in relation to witnesses etc\n(1) The tribunal may, by subpoena given to a person, require the person,\nat a stated time and place, to appear before the tribunal to do 1 or more\n(a) produce a stated document or other thing relevant to the hearing;\n(b) give evidence.\nNote Documents may be produced electronically in certain circumstances (see\nElectronic Transactions Act 2001).\n(2) A person is taken to have complied with a subpoena under\nsubsection (1) (a) if the person gives the document or other thing to\nthe tribunal before the date stated in the subpoena for its production.\n(3) The tribunal may give a party leave—\n(a) to inspect, or make a copy of, a document produced under a\nsubpoena; or\n(b) to inspect another thing produced under a subpoena.\n(4) The presiding member at the hearing of an application may require a\nperson appearing before the tribunal to give evidence to do 1 or more\n(a) take an oath;\n(b) answer a question relevant to the hearing;\n(c) produce a stated document or other thing relevant to the hearing.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n\n(5) If a subpoena is issued to give evidence under subsection (1) (b), the\nsubpoena must—\n(a) state the time and place at which the person must appear before\nthe tribunal; and\n(b) include—\n(i) a statement to the effect that the person may be represented\nbefore the tribunal by a lawyer or someone else; and\n(ii) if the rules prescribe someone who may not represent the\nperson—a statement that the other person may not\nrepresent the person; and\n(iii) a statement to the effect that the person may wish to obtain\nlegal advice in relation to the subpoena; and\n(c) contain a statement to the effect that the person may apply to the\ntribunal for a direction under section 45 (Taking part other than\nin person).\n(6) On application by a party or someone else having a sufficient interest,\nthe tribunal may set aside a subpoena completely or partly.\n(7) The tribunal is taken to be a court of competent jurisdiction for the\nHealth Records (Privacy and Access) Act 1977 when exercising its\npowers under this section.\n","sortOrder":56},{"sectionNumber":"41A","sectionType":"section","heading":"Protection of lawyers etc and witnesses","content":"41A Protection of lawyers etc and witnesses\n(1) A lawyer or anyone else appearing before the tribunal for a party has\nthe same protection and immunity as a barrister has in appearing for\na party in a proceeding in the Supreme Court.\n\n(2) A person appearing as a witness before the tribunal—\n(a) has the same protection as a witness in a proceeding in the\nSupreme Court; and\n(b) in addition to the penalties provided by this Act, is subject to the\nsame liabilities as a witness in a proceeding in the Supreme\nCourt.\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Arrest if people fail to appear","content":"42 Arrest if people fail to appear\n(1) If a person who is subpoenaed to appear before the tribunal under\nsection 41 does not appear, a presidential member may, on proof of\nthe service of the subpoena, issue a warrant to arrest the person and\nbring the person before the tribunal.\n(2) However, the presidential member may only issue a warrant if\nsatisfied that—\n(a) the tribunal has taken reasonably practicable steps to contact the\nperson; and\n(b) the issue of a warrant is in the interests of justice.\n(3) In deciding whether it is in the interests of justice to issue a warrant,\nthe presidential member must consider the following:\n(a) the importance of the evidence that the presidential member\nexpects the person to give;\n(b) whether the evidence could be obtained by other means;\n(c) the nature of the application;\n(d) the degree of urgency to resolve the matter;\n(e) the likelihood that issuing the warrant would secure the person’s\nattendance at the hearing;\n\n(f) if the presidential member has contacted the person—\n(i) the reason (if any) given by the person for not attending\nunder the subpoena; and\n(ii) the impact of using the warrant for the arrest of the person.\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Executing a warrant","content":"43 Executing a warrant\n(1) This section applies if a presidential member issues a warrant under\nsection 42.\n(2) The warrant authorises a police officer to—\n(a) arrest the person named in the warrant; and\n(b) bring the person before the tribunal.\n(3) A police officer executing the warrant—\n(a) may, with necessary assistance and force, enter any premises to\narrest the person named in the warrant; and\n(b) must use not more than the minimum amount of force necessary\nto arrest the person and remove the person to the place stated in\nthe warrant; and\n(c) must, before removing the person, explain to the person the\npurpose of the warrant; and\n(d) must bring the person immediately before a presidential\nmember; and\n(e) if a person is under a legal disability—must inform a parent or\nguardian of the person of the arrest.\n(4) If, after arresting the person, the police officer believes on reasonable\ngrounds that the person cannot be brought immediately before a\npresidential member, the police officer must immediately release the\nperson.\n\n","sortOrder":59},{"sectionNumber":"45","sectionType":"section","heading":"Taking part other than in person","content":"45 Taking part other than in person\nThe tribunal may direct that a person may take part or give evidence\nin a preliminary conference or hearing of an application by a method\nof communication, or a combination of methods of communication,\nthat allows people to hear what each other person taking part says\nwithout the people being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n","sortOrder":60},{"sectionNumber":"46","sectionType":"section","heading":"Lodging documents","content":"46 Lodging documents\nIf a document is required by this Act or an authorising law to be\nlodged with the tribunal, the document must be lodged at the tribunal\nregistry.\nNote Documents may be lodged electronically in certain circumstances\n(see Electronic Transactions Act 2001).\n","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"Amending documents","content":"47 Amending documents\nAt any stage in dealing with an application, the tribunal may—\n(a) on its own initiative or on application by a party—order that a\ndocument in relation to the application be amended; or\n(b) with the agreement of the parties—give leave to a party to\namend a document of the party.\n","sortOrder":62},{"sectionNumber":"47A","sectionType":"section","heading":"Procedure in absence of party","content":"47A Procedure in absence of party\n(a) the tribunal requires a party to appear either personally or by a\nrepresentative before the tribunal in relation to an application;\nand\n(b) the party fails to appear.\n\n(2) The tribunal may—\n(a) if the party is the applicant—dismiss the application; or\n(b) if the party is the respondent—decide the application; or\n(c) if the party is not the applicant or respondent—remove the party\nfrom the application; or\n(d) do any of the following:\n(i) continue with the hearing in the absence of the party either\ngenerally or in relation to any relief claimed in the\napplication;\n(ii) order that the application be set down for hearing at another\ntime;\n(iii) order that stated steps be taken before the hearing takes\nplace as the tribunal directs;\n(iv) make any other orders that the tribunal considers\nappropriate.\nNote 1 The procedures of the tribunal must be as simple, quick, inexpensive and\ninformal as is consistent with achieving justice and the tribunal must\nobserve natural justice and procedural fairness (see s 7).\nNote 2 If the tribunal makes an order after hearing an application in the absence\nof a party, the tribunal may, on application by a party, amend or set aside\nthe order (see s 56 (c) (i)).\n","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Costs of proceedings","content":"48 Costs of proceedings\n(1) The parties to an application must bear their own costs unless this Act\nor another territory law otherwise provides or the tribunal otherwise\norders.\n\n(2) However—\n(a) if the tribunal decides an application in favour of the applicant,\nthe tribunal may order the other party to pay the applicant––\n(i) the filing fee for the application; and\n(ii) any other fee incurred by the applicant that the tribunal\nconsiders necessary for the application; or\nExamples––par (ii)\n• a fee for a business name or company search\n• a filing fee for a subpoena\n• hearing fees\n(b) if the tribunal considers that a party to an application caused\nunreasonable delay or obstruction before or while the tribunal\nwas dealing with the application—the tribunal may order the\nparty to pay the reasonable costs of the other party arising from\nthe delay or obstruction; or\n(c) subject to section 49, if a party to the application contravenes an\norder of the tribunal—the tribunal may order the party to pay the\ncosts or part of the costs of the application to the other party; or\n(d) if the application is an application for review of a decision under\nthe Heritage Act 2004, the Planning Act 2023 or the Urban\nForest Act 2023, and the tribunal makes an order under\nsection 32 (2) (Dismissing or striking out applications)—the\ntribunal may order the applicant to pay the reasonable costs of\nthe other party arising from the application.\nNote A legal expense relating to a proceeding in the tribunal may be\nrecoverable as a debt under the Unit Titles (Management) Act 2011, s 31.\n\n(3) For subsection (2) (d), reasonable costs of the other party arising\nfrom the application include reasonable legal costs but do not include\nholding costs.\nExamples—holding costs\n• interest and lender imposed charges associated with a loan\n• costs of engaging workers and subcontractors and hiring equipment for a\ndevelopment\n","sortOrder":64},{"sectionNumber":"48A","sectionType":"section","heading":"Costs of proceedings relating to review of decisions","content":"48A Costs of proceedings relating to review of decisions\nunder Freedom of Information Act 2016\n(a) an agency or Minister decides to refuse to give access to\ngovernment information sought by an applicant under the\nFreedom of Information Act 2016; and\n(b) the applicant applies for review of the decision under that Act,\nsection 84; and\n(c) the tribunal makes an order giving access to some or all of the\ninformation sought.\n(2) The tribunal may order the agency or Minister to pay the reasonable\ncosts of the applicant arising from the application.\n","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Costs for contravening an order","content":"49 Costs for contravening an order\n(1) The tribunal may award costs against a party for contravening an\norder under section 48 (2) (c) only if satisfied that it is in the interests\nof justice to do so.\n(2) In deciding whether it is in the interests of justice to award costs, the\ntribunal must consider the following:\n(a) whether the contravention was deliberate or could easily have\nbeen avoided;\n(b) whether (and if so, the extent to which) the contravention has\naffected the tribunal’s ability to hear the application promptly;\n\n(c) the importance to the community of people being able to afford\nto bring applications to the tribunal.\n(3) The tribunal may consider any other relevant matter.\n(4) Costs are payable in accordance with the scale of costs in the rules\nunder the Court Procedures Act 2004 applying in relation to the\nSupreme Court.\n","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Disclosure of material interests by tribunal members","content":"50 Disclosure of material interests by tribunal members\n(1) If a tribunal member (the interested member) has a material interest\nin a matter in an application, the interested member must, as soon as\npracticable after the relevant facts come to the interested member’s\nknowledge, disclose the nature of the interest to—\n(a) the president, the presiding member and the parties; or\n(b) if the interested member is the presiding member—the president\nand the parties.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The interested member must not, unless each party consents—\n(a) take part, or continue to take part, in the tribunal dealing with\nthe application; or\n(b) exercise any function in relation to the application.\n(3) If the president becomes aware that a tribunal member is, or will be,\npart of the tribunal dealing with an application and that the member\nhas a material interest, the president must—\n(a) disclose the conflicting interest to the parties; or\n(b) if the president considers that the member should not take part,\nor should not continue to take part, in the tribunal dealing with\nthe application—direct the member not to take part or continue\nto take part.\n\nassociate, of a person, includes—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in a matter if any\nof the following has an interest in the matter:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\n\nmaterial interest—a tribunal member has a material interest in a\nmatter if the member has—\n(a) a direct or indirect financial interest in the matter; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict, or reasonably be seen to conflict, with the proper\nexercise of the member’s functions in relation to the tribunal’s\nconsideration of the matter.\n","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Reporting of disclosed tribunal member interests to","content":"51 Reporting of disclosed tribunal member interests to\nMinister\n(1) Not later than 31 days after the end of a financial year, the president\nmust report to the Attorney-General in writing about—\n(a) each disclosure under section 50 made during the financial year;\nand\n(b) the nature of each interest disclosed; and\n(c) for each disclosure—whether the tribunal member who made\nthe disclosure took part or continued to take part in the tribunal\ndealing with, or exercised any function in relation to, the\napplication to which the disclosure related; and\n(d) each direction (if any) under section 50 (3) given during the\nfinancial year.\n(2) The Attorney-General must give a copy of the report to the relevant\nAssembly committee within 31 days after the day the\nAttorney-General receives the report.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (2).\n\n","sortOrder":68},{"sectionNumber":"52","sectionType":"section","heading":"Decisions by majority or presiding member","content":"52 Decisions by majority or presiding member\n(1) This section applies to a tribunal constituted for an application with\nmore than 1 tribunal member.\n(2) A question in the application is decided according to the decision of\nthe majority of members (other than any assessor) of the tribunal for\nthe application.\n(3) If, for any reason, the tribunal cannot reach a majority decision on a\nquestion, the decision of the presiding member is the decision of the\ntribunal on the question.\n","sortOrder":69},{"sectionNumber":"53","sectionType":"section","heading":"Interim orders","content":"53 Interim orders\n(1) This section applies if, at any stage before an application is finalised\nin the tribunal—\n(a) a party to an application applies to the tribunal for an order under\nthis section; and\n(b) the tribunal is satisfied that, if an order under this section were\nnot made, the party applying for the order would be\ndisadvantaged or suffer harm.\n(2) The tribunal may make any order (an interim order) it considers\nappropriate to protect the position of the party that applied for the\norder.\n(3) An interim order remains in force until—\n(a) the tribunal orders otherwise; or\n(b) the application is finalised in the tribunal.\n\n(4) The tribunal may, on application by a party while an interim order is\nin force—\n(a) vary the order; or\n(b) revoke the order.\n(5) If the person against whom an interim order is made is not present\nwhen the order is made, a registrar must arrange for a copy of the\norder to be served on the person as soon as practicable after the order\nis made.\n","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Decisions without hearing","content":"54 Decisions without hearing\n(1) The tribunal may, on application by a party or on its own initiative,\ndecide an application on the basis of documents, without the parties,\ntheir representatives or witnesses appearing at a hearing.\nNote The procedures of the tribunal must be as simple, quick, inexpensive and\ninformal as is consistent with achieving justice and the tribunal must\nobserve natural justice and procedural fairness (see s 7).\n(2) The tribunal may give each party to an application notice to the effect\nthat—\n(a) the tribunal proposes to decide the application on the basis of\ndocuments, without the parties, their representatives or\nwitnesses appearing at a hearing; and\n(b) if the party wishes to make representations about the proposal,\nthe party must make the representations within—\n(i) 21 days after the day the notice is given; or\n(ii) if the tribunal decides that a shorter period is required in all\nthe circumstances of the application—the shorter period.\nNote The rules may prescribe a longer period for making representations\n\n(3) The tribunal may decide not to hold a hearing in relation to the\napplication only if the tribunal—\n(a) has given notice under subsection (2); and\n(b) has taken into consideration any representations made by a party\nwithin the 21-day period or shorter period decided by the\ntribunal under subsection (2) (b); and\n(c) is satisfied that—\n(i) it is in the public interest not to hold a hearing; and\n(ii) the tribunal has sufficient information to make an informed\ndecision on the application.\n","sortOrder":71},{"sectionNumber":"55","sectionType":"section","heading":"Powers of tribunal if parties reach agreement","content":"55 Powers of tribunal if parties reach agreement\n(1) This section applies if, at any stage in dealing with an application—\n(a) the parties reach agreement—\n(i) about the terms of a tribunal decision in relation to the\napplication; or\n(ii) about how to deal with a part of the application or a matter\narising out of the application; and\n(b) the terms (the agreed terms) of the agreement are recorded by,\nor lodged with, the tribunal; and\n(c) the tribunal is satisfied that an order or decision in, or consistent\nwith, the agreed terms would be—\n(i) within the powers of the tribunal; and\n(ii) appropriate for the tribunal to make.\n\n(2) If the agreed terms are about a tribunal decision in relation to the\napplication, the tribunal may, by order, make a decision in accordance\nwith the agreed terms—\n(a) without holding a hearing; or\n(b) if a hearing has begun—without completely dealing with the\napplication at the hearing.\n(3) If the agreed terms are about dealing with part of the application or a\nmatter in relation to the application, the tribunal may give effect to\nthe agreed terms in its decision without dealing with the matter to\nwhich the agreed terms relate at the hearing of the application.\n","sortOrder":72},{"sectionNumber":"55A","sectionType":"section","heading":"Conciliated agreement orders","content":"55A Conciliated agreement orders\n(1) This section applies if a conciliation agreement about a complaint is\ngiven to the tribunal under the Human Rights Commission Act 2005,\nsection 62 (3) (b).\n(2) The tribunal must keep a copy of the agreement.\n(3) On application by a party, the tribunal may make any order it\nconsiders appropriate to give effect to the agreement.\n(4) A decision of the tribunal to refuse to make an order under this section\ndoes not affect the validity of the conciliation agreement.\n","sortOrder":73},{"sectionNumber":"55B","sectionType":"section","heading":"Consumer complaints—orders giving effect to","content":"55B Consumer complaints—orders giving effect to\nconciliation agreements\n(1) This section applies in relation to a conciliation agreement made\nunder the Fair Trading (Australian Consumer Law) Act 1992,\nsection 34I.\n\n(2) On application by a party to the conciliation agreement, the tribunal\nmay make any order it considers appropriate to give effect to the\nagreement.\n(3) A decision of the tribunal to refuse to make an order under this section\ndoes not affect the validity of the conciliation agreement.\n","sortOrder":74},{"sectionNumber":"56","sectionType":"section","heading":"Other actions by tribunal","content":"56 Other actions by tribunal\nThe tribunal may, by order—\n(a) hear an application jointly with another application that arises\nfrom the same or similar facts; or\n(b) make other orders with the consent of the parties to the\napplication or as the tribunal considers necessary or convenient;\nor\nan order dismissing a proceeding with the consent of the parties to the\nproceeding\n(c) amend or set aside a tribunal order if—\n(i) the order was made after hearing an application in the\nabsence of a party; or\nNote A party may apply to the tribunal under this provision if the\ntribunal makes an order under s 47A after hearing an\napplication in the absence of a party.\n(ii) the order is in error in relation to an amount or the name or\naddress of a party, and the tribunal proposes to amend or\nset aside the order only to correct the error; or\n(iii) extraordinary circumstances make it appropriate to amend\nor set aside the order; or\n\n(d) take any other action in relation to an application—\n(i) that the tribunal considers appropriate; and\n(ii) that is consistent with this Act or an authorising law.\n1 an order dismissing a proceeding on the withdrawal of the applicant\n2 an order dismissing a proceeding for want of prosecution\n3 an order staying an order, pending an appeal\nNote 1 The tribunal must observe natural justice and procedural fairness\nNote 2 A reference to an Act includes a reference to the statutory instruments\n","sortOrder":75},{"sectionNumber":"57","sectionType":"section","heading":"Powers and decisions in authorising laws","content":"57 Powers and decisions in authorising laws\nAn authorising law may set out the powers of the tribunal, and the\ndecisions it may make on an application made under the authorising\nlaw.\n","sortOrder":76},{"sectionNumber":"58","sectionType":"section","heading":"No limitation on other functions of tribunal","content":"58 No limitation on other functions of tribunal\nThis part does not limit any other function given to the tribunal under\nthis Act or another territory law.\n","sortOrder":77},{"sectionNumber":"59","sectionType":"section","heading":"Tribunal to record details of order and give copy to","content":"59 Tribunal to record details of order and give copy to\nparties\n(1) If the tribunal makes an order on an application, the tribunal must—\n(a) make and keep a written record of the details of the order; and\n(b) give each party a copy of the order within 7 days after the day\nthe tribunal makes the order.\n(2) A party may ask the tribunal for a copy of the details of the order\nwithin 7 days after the day the tribunal makes the order.\n\n(3) The tribunal must give the party a copy of the details of the order\nwithin 7 days after the day the party asks for a copy.\n(4) This section does not apply to an order under section 53 (Interim\norders).\nNote The rules may prescribe a longer period for asking for order details\n","sortOrder":78},{"sectionNumber":"60","sectionType":"section","heading":"Statement of reasons","content":"60 Statement of reasons\n(a) the tribunal makes an order on an application; and\n(b) within 14 days after the day the order is made, a party asks for a\nstatement of reasons for the making of the order.\n(2) The tribunal must give the party a written statement of reasons or a\ntranscript of an oral statement of reasons for the making of the order.\n(3) The statement of reasons must set out—\n(a) any principles of law relied on by the tribunal; and\n(b) the way in which the tribunal applied the principles of law to the\nfacts.\nNote For what must be included in a statement of reasons, see the Legislation\nAct, s 179.\n(4) This section does not apply to an order under section 53 (Interim\norders) or an order of a procedural nature.\nExamples—order of a procedural nature\nadjournment, order for default judgment, order joining a party to a proceeding\nNote The rules may prescribe a longer period for asking for order details (see s\n25 (1) (e) and (2)).\n\n","sortOrder":79},{"sectionNumber":"61","sectionType":"section","heading":"Making and effect of orders","content":"61 Making and effect of orders\n(1) An order of the tribunal is made by the order being—\n(a) pronounced in the tribunal by the tribunal for the application\nmaking the order; or\n(b) recorded, in accordance with the tribunal’s practice, as having\nbeen entered; or\n(c) made available to the parties to the application at a time and\nplace decided by the tribunal.\n(2) An order takes effect on the day that the order is made.\n(3) However, the tribunal may order that the order takes effect on an\nearlier or later date or at any earlier or later time.\n","sortOrder":80},{"sectionNumber":"62","sectionType":"section","heading":"Reserving decisions","content":"62 Reserving decisions\n(1) After the tribunal finishes dealing with an application, the tribunal for\nan application may reserve the decision on the application, and may\ndeliver the decision on another date or a date to be set.\n(2) If the tribunal reserves a decision on an application, the tribunal may\narrange for a written statement of reasons for the decision to be\nprepared setting out the proposed order.\n(3) If the tribunal arranges for a statement of reasons to be prepared, the\ntribunal may arrange for another tribunal member to deliver the\nstatement, even if the tribunal member was not allocated to the\ntribunal for the application.\n(4) The tribunal or tribunal member may deliver the statement by making\nit available to the parties at a time and place decided by the tribunal\nor member.\n\n","sortOrder":81},{"sectionNumber":"Div 6","sectionType":"division","heading":"2 Powers and decisions in applications for occupational discipline","content":"Division 6.2 Powers and decisions in applications for occupational discipline\n","sortOrder":82},{"sectionNumber":"63","sectionType":"section","heading":"Correction of errors","content":"63 Correction of errors\nThe tribunal may correct an error in an order, including a decision, of\nthe tribunal that arises from a clerical mistake or accidental slip or\nomission.\nDivision 6.2 Powers and decisions in applications\nfor occupational discipline\n","sortOrder":83},{"sectionNumber":"64","sectionType":"section","heading":"Definitions—div 6.2","content":"64 Definitions—div 6.2\nIn this division:\nground for occupational discipline, in relation to a person who is\nlicensed, or registered, under an authorising law has the same\nmeaning as under the authorising law.\nsubject person—see section 65.\n","sortOrder":84},{"sectionNumber":"65","sectionType":"section","heading":"Considerations before making orders on application for","content":"65 Considerations before making orders on application for\noccupational discipline\n(1) This section applies if the tribunal is considering an application for\noccupational discipline against a person (the subject person).\n(2) The tribunal may make an order for occupational discipline in relation\nto the subject person if satisfied that a ground for occupational\ndiscipline exists against the person.\n(3) In considering what occupational discipline to use against the subject\nperson, the tribunal must consider the following:\n(a) whether the person took reasonable steps to avoid the action\n(the contravention) that is the ground for occupational\ndiscipline;\n(b) whether occupational discipline has previously been used\nagainst the person for a similar act;\n\nPowers and decisions in applications for occupational discipline Division 6.2\n(c) whether the person has taken steps to mitigate the effect of the\ncontravention;\n(d) the impact of the contravention on any other person;\n(e) the likelihood that the person will act in a way that is a ground\nfor occupational discipline in the future;\n(f) whether the entity bringing the application has applied for\nparticular occupational discipline to be used and, if so, the kind\nof occupational discipline applied for.\nExample—par (c)\nthe person has changed a method of work or given a direction to staff to prevent\nfurther contraventions\n(4) The tribunal may consider any other relevant matter.\n","sortOrder":85},{"sectionNumber":"66","sectionType":"section","heading":"Orders for occupational discipline","content":"66 Orders for occupational discipline\n(1) This section applies if the tribunal may make an order for\noccupational discipline in relation to the subject person.\nNote Section 65 sets out when the tribunal may make an order.\n(2) The tribunal may make 1 or more of the following orders for\noccupational discipline in relation to the subject person:\n(a) reprimand the person;\n(b) require the person to give a written undertaking;\n(c) require the person to complete a stated course of training to the\nsatisfaction of the regulatory body or another stated person;\n(d) give the person a direction;\nNote For directions that may be given, see s 67.\n(e) cancel or suspend the person’s licence or registration;\n(f) disqualify the person from applying for a licence, or registration,\nof a stated kind for a stated period or until a stated thing happens;\n\nDivision 6.2 Powers and decisions in applications for occupational discipline\n(g) if a regulatory body may put conditions on the person’s licence\nor registration under an authorising law—direct the regulatory\nbody to—\n(i) put a condition on the person’s licence or registration; or\n(ii) remove or amend a condition put on the person’s licence\nor registration;\n(h) require the person to pay to the Territory or someone else a\nstated amount (not more than any amount prescribed by\nregulation);\n(i) if the person gained financial advantage from the action that is\nthe ground for occupational discipline—require the person to\npay to the Territory an amount assessed as the amount of\nfinancial advantage gained by the person.\n(3) If the ACAT cancels a person’s licence or registration, the ACAT\nmay disqualify the person from applying for a licence or registration\nfor a stated period or indefinitely.\n(4) This section does not limit the orders the tribunal may make.\nregulatory body means the entity responsible for issuing licences of\nthe kind held by the subject person or for registering people in the\noccupation or profession in which the subject person is registered.\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Kinds of directions for licensed and registered people","content":"67 Kinds of directions for licensed and registered people\n(1) The tribunal may give a direction under section 66 (2) (d) that the\ntribunal considers appropriate in a particular case.\n(2) The directions the tribunal may give include a direction to comply\nwith a requirement under an Act, a licence or registration, or to place\na condition on a licence or registration.\n(3) A direction must state the period within which the subject person\nmust comply with the direction.\n\nPowers and decisions in applications for administrative review Division 6.3\n(4) The tribunal may, on application, extend the period for compliance\nstated in a direction either before or after the end of the stated period.\n(5) The tribunal must not give a direction under section 66 (2) (d) that\nwould result in inconsistency with an express requirement placed on\nthe subject person’s licence or registration under the Act under which\nthe person is licensed or registered.\nDivision 6.3 Powers and decisions in applications\nfor administrative review\n","sortOrder":87},{"sectionNumber":"67A","sectionType":"section","heading":"Reviewable decision notice","content":"67A Reviewable decision notice\n(1) A person who makes a reviewable decision must take reasonable\nsteps to give written notice (a reviewable decision notice) of the\ndecision to any person whose interests are affected by the decision.\n(2) Subsection (1) does not apply to a decision not to impose a liability,\npenalty or limitation on a person if the decision does not adversely\naffect the interests of another person.\n(3) A regulation may prescribe—\n(a) the time within which a reviewable decision notice must be\ngiven; and\n(b) what a notice must or may contain; and\n(c) any document or thing that must accompany a notice; and\n(d) anything else in relation to a notice.\n(4) A failure to comply with this section in relation to a reviewable\ndecision does not affect the validity of the decision.\n\nDivision 6.3 Powers and decisions in applications for administrative review\nreviewable decision means a decision that, under an authorising law,\nis reviewable by the tribunal.\n","sortOrder":88},{"sectionNumber":"67B","sectionType":"section","heading":"Internal review notice","content":"67B Internal review notice\n(1) A person who makes an internally reviewable decision must take\nreasonable steps to give written notice (an internal review notice) of\nthe decision to any person whose interests are affected by the\ndecision.\n(2) Subsection (1) does not apply to a decision not to impose a liability,\npenalty or limitation on a person if the decision does not adversely\naffect the interests of another person.\n(3) A regulation may prescribe—\n(a) the time within which an internal review notice must be given;\nand\n(b) what a notice must or may contain; and\n(c) any document or thing that must accompany a notice; and\n(d) anything else in relation to a notice.\n(4) A failure to comply with this section in relation to an internally\nreviewable decision does not affect the validity of the decision.\ninternally reviewable decision means a reviewable decision that,\nunder an authorising law, may be internally reviewed or reconsidered\nbefore review by the tribunal.\nreviewable decision—see section 67A.\n\nPowers and decisions in applications for administrative review Division 6.3\n","sortOrder":89},{"sectionNumber":"68","sectionType":"section","heading":"Review of decisions","content":"68 Review of decisions\n(1) This section applies if the tribunal reviews a decision by an entity.\n(2) The tribunal may exercise any function given by an Act to the entity\nfor making the decision.\n(3) The tribunal must, by order—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and—\n(i) make a substitute decision; or\n(ii) remit the matter that is the subject of the decision for\nreconsideration by the decision-maker in accordance with\nany direction or recommendation of the tribunal.\n","sortOrder":90},{"sectionNumber":"69","sectionType":"section","heading":"Effect of orders for administrative review","content":"69 Effect of orders for administrative review\n(1) This section applies if the tribunal makes an order under\nsection 68 (3) in relation to a decision.\n(2) The order—\n(a) is taken to be the decision of the decision-maker; and\n(b) takes effect from the day the tribunal makes the order, unless the\ntribunal orders otherwise.\n\n","sortOrder":91},{"sectionNumber":"69A","sectionType":"section","heading":"Meaning of appropriate court—pt 7","content":"69A Meaning of appropriate court—pt 7\nappropriate court means—\n(a) if the amount payable under an enforceable money order or the\nform of relief under an enforceable non-money order is within\nthe Magistrates Court’s jurisdiction—the Magistrates Court; or\n(b) for any other enforcement proceeding—the Supreme Court.\n","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Application of Criminal Code, ch 7","content":"70 Application of Criminal Code, ch 7\nA proceeding before the tribunal is a legal proceeding for the\nCriminal Code, chapter 7 (Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to tribunal\nproceedings.\n","sortOrder":93},{"sectionNumber":"71","sectionType":"section","heading":"Enforcement of orders","content":"71 Enforcement of orders\n(1) A money order or non-money order made by the tribunal may be\nenforced by filing in the appropriate court—\n(a) a copy of the order sealed by the tribunal; and\n(b) a supporting affidavit stating—\n(i) for a money order—the amount owed under the money\norder; and\n(ii) for a non-money order—non-compliance with the\nnon-money order.\n\nEnforcement and offences Part 7\n(2) The money order or non-money order is taken to be an enforceable\norder of the appropriate court in which it is filed for the purposes of\nthe Court Procedures Rules 2006, part 2.18 (Enforcement).\nNote 1 The Court Procedures Rules 2006, r 2015 requires certain documents to\nbe served on the enforcement debtor or other liable person before an\nenforcement proceeding can be started for an enforceable money order or\nnon-money order.\nNote 2 A person entitled to enforce an enforceable money order or non-money\norder (the original order) may obtain an enforcement order from the\nappropriate court to enforce the original order (see Court Procedures\nRules 2006, pt 2.18).\nmoney order—see the Court Procedures Rules 2006, rule 2000.\nnon-money order—see the Court Procedures Rules 2006, rule 2000.\n","sortOrder":94},{"sectionNumber":"72","sectionType":"section","heading":"Faulty filed orders referred back to tribunal","content":"72 Faulty filed orders referred back to tribunal\n(1) This section applies if there is an error in an order (a faulty order)\nmentioned in section 71 (1) that prevents the appropriate court from\nenforcing the order.\n(2) The appropriate court may refer the faulty order back to the tribunal\nto allow the tribunal to take action to correct the order.\n(3) The tribunal takes action to correct a faulty order if—\n(a) the tribunal amends the order under section 56 (c) (Other actions\nby tribunal) to correct the error; or\n(b) the tribunal corrects the error in the order under section 63\n(Correction of errors); or\n(c) if the order cannot be amended under section 56 (c) or the error\ncorrected under section 63—the president requests a correction\nto the order under section 78 (Correction requests).\n\n","sortOrder":95},{"sectionNumber":"73","sectionType":"section","heading":"Fixed faulty orders","content":"73 Fixed faulty orders\n(1) This section applies in relation to a faulty order if—\n(a) the tribunal amends the order under section 56 (c) (Other actions\nby tribunal) to correct the error; or\n(b) the tribunal corrects the error in the order under section 63\n(Correction of errors); or\n(c) the correction tribunal corrects the order under section 78\n(Correction requests).\n(2) The faulty order, as amended or corrected, is taken to be filed in the\nappropriate court under section 71 for enforcement under the Court\nProcedures Rules 2006, part 2.18 (Enforcement).\nfaulty order—see section 72.\n","sortOrder":96},{"sectionNumber":"74","sectionType":"section","heading":"Failure to comply with order","content":"74 Failure to comply with order\n(1) A party to an application must not, without reasonable excuse, fail to\ncomply with a tribunal order.\n(2) If a party contravenes subsection (1), the tribunal may do 1 or more\n(a) order the person to pay to the Territory a stated amount\n(not more than any amount prescribed by regulation);\n(b) if the party is the applicant—strike out the application in relation\nto the dispute;\n(c) if the party is the respondent—make an order in favour of the\napplicant.\n\nEnforcement and offences Part 7\n(3) If the tribunal orders a person who is the subject of an application for\noccupational discipline to pay an amount, the tribunal must tell the\nperson that, if the person does not pay the amount, the person’s\nlicence or registration may be suspended or cancelled under\nsection 76.\n(4) Failure to tell a person that the person’s licence or registration may\nbe suspended or cancelled does not affect any action a registrar takes\nin relation to the person under section 76.\n(5) This section does not limit any other power of the tribunal under this\nAct.\n","sortOrder":97},{"sectionNumber":"75","sectionType":"section","heading":"Nonpayment of amounts ordered to be paid","content":"75 Nonpayment of amounts ordered to be paid\n(a) a person is licensed, or registered, under an authorising law; and\n(b) the tribunal orders the person to pay a stated amount within a\nstated period; and\n(c) the person does not pay the amount within the period or, if the\ntribunal allows a further period for payment, within the further\nperiod.\n(2) A registrar must give the person written notice (a warning notice)\nthat the person’s licence or registration may be suspended or\ncancelled if the person does not pay the amount within 14 days after\nthe day the registrar gives the person the notice.\nNote 1 For how documents may be served, see the Legislation Act, pt 19.5.\nNote 2 The rules may prescribe a longer period for paying an amount under a\nwarning notice (see s 25 (1) (e) and (2)).\n\n","sortOrder":98},{"sectionNumber":"76","sectionType":"section","heading":"Suspension or cancellation on warning notice","content":"76 Suspension or cancellation on warning notice\n(a) a registrar has given a person who is licensed or registered a\nwarning notice under section 75 relating to the licence or\nregistration; and\n(b) the person does not pay the amount required to be paid under the\nwarning notice.\n(2) The tribunal may, after the period for payment of the amount has\nended, suspend or cancel the person’s licence or registration.\n(3) The tribunal may act under subsection (2) on application by the\nregulatory body or on its own initiative.\nregulatory body means the entity responsible for issuing licences of\nthe kind held by the person or for registering people in the occupation\nor profession in which the person is registered.\n\nTribunal referrals and appeals Division 8.1\n","sortOrder":99},{"sectionNumber":"77","sectionType":"section","heading":"Referral of questions of law within tribunal","content":"77 Referral of questions of law within tribunal\n(1) This section applies if a tribunal (the requesting tribunal) is dealing\nwith an application.\na decision under the Heritage Act 2004, the Planning Act 2023 or the\nUrban Forest Act 2023.\n(3) The requesting tribunal may, on its own initiative or on application\nby a party, ask the president to allocate 1 or more tribunal members\nto a tribunal (the ruling tribunal) to give a ruling on a question of\nlaw.\n(4) If the ruling tribunal gives a ruling on a question of law, the requesting\ntribunal is bound by the ruling.\nNote Question of law includes whether a question is a question of law\n(see dict).\n(5) A ruling tribunal is made up of 1 or more of the following tribunal\nmembers allocated by the president:\n(b) a senior member who is a lawyer and has been a lawyer for\n(6) However, a ruling tribunal must not contain a tribunal member\nallocated to the requesting tribunal.\n","sortOrder":100},{"sectionNumber":"78","sectionType":"section","heading":"Correction requests","content":"78 Correction requests\n(1) This section applies if the president requests a correction to an order\nmade on an application (the original application) to the tribunal.\n\na decision under the Heritage Act 2004, the Planning Act 2023 or the\nUrban Forest Act 2023.\n(3) The president must—\n(a) allocate 1 or more tribunal members to a correction tribunal to\nconsider the request for correction; and\n(b) give notice of the request to the parties to the original\n(4) The correction tribunal may—\n(a) hear submissions from the parties as to whether the correction\nshould be made; or\n(b) if, the tribunal is satisfied that no party would be disadvantaged\nby the tribunal not hearing submissions—make a decision under\nsubsection (5) without hearing submissions.\n(5) The correction tribunal must—\n(a) make the correction if, in all the circumstances of the case, the\ntribunal considers it appropriate to do so; or\n(b) refuse to make the correction.\n(6) A correction tribunal is made up of 1 or more of the following tribunal\nmembers allocated by the president:\n(b) a senior member who is a lawyer and has been a lawyer for\n","sortOrder":101},{"sectionNumber":"79","sectionType":"section","heading":"Appeals within tribunal","content":"79 Appeals within tribunal\n(a) the tribunal has decided an application (the original\napplication); and\n\nTribunal referrals and appeals Division 8.1\n(b) the original application was not an appeal from a decision by the\na decision under the Freedom of Information Act 2016, the Heritage\nAct 2004, the Planning Act 2023 or the Urban Forest Act 2023.\n(3) A party to the original application may, by application, appeal the\ndecision to the tribunal on a question of fact or law.\n","sortOrder":102},{"sectionNumber":"80","sectionType":"section","heading":"Dismissing appeals","content":"80 Dismissing appeals\n(1) The president may give an applicant for an appeal written notice\nthat—\n(a) the subject matter of the appeal is substantively similar to other\nappeals rejected by the tribunal; and\n(b) the president proposes to dismiss the appeal; and\n(c) if the applicant wishes to make representations about the\nproposal, the applicant must make the representations within\n21 days after the day the notice is given.\nNote The rules may prescribe a longer period for making representations\n(2) The president may decide to dismiss the application only if the\ntribunal—\n(a) has given notice under subsection (1); and\n(b) has taken into consideration any representations made by the\napplicant within the 21-day period; and\n(c) is satisfied that—\n(i) it is in the public interest for the tribunal not to consider the\nappeal; and\n\n(ii) the president has sufficient information to make an\ninformed decision to dismiss the application.\n(3) If the tribunal dismisses an application for an appeal under this\nsection, the applicant may appeal the original decision of the tribunal\nto the Supreme Court under section 86.\n","sortOrder":103},{"sectionNumber":"81","sectionType":"section","heading":"Constitution of appeal tribunal","content":"81 Constitution of appeal tribunal\n(1) This section—\n(a) applies if a party to the original application appeals a decision to\nthe tribunal on a question of fact or law; but\n(b) does not apply if the president —\n(i) dismisses an appeal under section 80; or\n(ii) decides not to deal with the appeal under section 85.\n(2) On appeal, the president must allocate tribunal members to an appeal\ntribunal to review the decision on the original application.\n(3) An appeal tribunal is made up of—\n(a) 1 or more presidential members; or\n(b) 1 or more presidential members and 1 or more non-presidential\nmembers.\n(4) However, an appeal tribunal must not contain a tribunal member who\nwas allocated to the tribunal that decided the original application.\noriginal application—see section 79.\n\nRemoval of combined fair work matter Division 8.1A\n","sortOrder":104},{"sectionNumber":"82","sectionType":"section","heading":"Appeal tribunal—general powers","content":"82 Appeal tribunal—general powers\n(1) An appeal tribunal may, as the tribunal considers appropriate, deal\nwith an appeal—\n(a) as a new application; or\n(b) as a review of all or part of the original decision on the\napplication by the tribunal.\n(2) An appeal tribunal—\n(a) has all the powers and duties of the tribunal that made the order\nappealed from; and\n(b) may draw inferences of fact; and\n(c) may, if leave is granted, receive further evidence about\nquestions of fact, either orally in a hearing, by written statement\nor in another way; and\n(d) may make an order confirming, amending, setting aside or\nreplacing the order of the tribunal appealed from; and\n(e) may make any other order it considers appropriate.\n","sortOrder":105},{"sectionNumber":"Div 8","sectionType":"division","heading":"1A Removal of combined fair work matter","content":"Division 8.1A Removal of combined fair work matter\n","sortOrder":106},{"sectionNumber":"82A","sectionType":"section","heading":"Removal from tribunal to Magistrates Court—combined","content":"82A Removal from tribunal to Magistrates Court—combined\nfair work matter\n(1) This section applies if, in the course of dealing with a civil dispute\napplication, the tribunal becomes aware that a matter arising in\nrelation to the application amounts to a fair work claim.\nExample—matter arising in relation to application\na counter claim to the application\n(2) The tribunal must order that the application and the matter\n(the combined fair work matter) be removed to the Magistrates\nCourt.\n\n(3) The tribunal may make the order on its own initiative or on\napplication by a party to the matter.\n(4) On removal of the matter to the Magistrates Court, the civil dispute\napplication is taken to be finalised in the tribunal.\nNote 1 A fair work claim may be started in the Magistrates Court\n(see Magistrates Court Act 1930, pt 4.2A).\nNote 2 Orders may be sought for the contravention of a civil remedy provision\nin the Federal Court and Federal Circuit and Family Court of Australia\n(Division 2) (see Fair Work Act 2009 (Cwlth), s 539).\n","sortOrder":107},{"sectionNumber":"83","sectionType":"section","heading":"Removal of applications from tribunal to Supreme Court","content":"83 Removal of applications from tribunal to Supreme Court\n(1) If the parties to an application or an appeal (a matter) jointly apply to\nhave the matter removed to the Supreme Court, the tribunal must\norder that the matter be removed to the Supreme Court.\n(2) If a party to a matter applies to have the matter removed to the\nSupreme Court, the tribunal may, if it considers it appropriate, order\nthat the matter be removed to the Supreme Court.\n(3) However, this section does not apply to an application for external\nreview of an ACAT reviewable decision under the Motor Accident\nInjuries Act 2019, division 2.10.3 (ACAT review of insurer’s\ndecisions) (an MAI application) or an appeal from an MAI\n","sortOrder":108},{"sectionNumber":"84","sectionType":"section","heading":"Referral of questions of law to Supreme Court","content":"84 Referral of questions of law to Supreme Court\n(1) If the tribunal considers that a question of law that arises in\nconsidering an application or an appeal raises an issue of public\nimportance, the tribunal may refer the question to the Supreme Court.\n(2) The tribunal may act under subsection (1) on its own initiative or on\napplication by a party.\n\nSupreme Court referrals and appeals Division 8.2\n","sortOrder":109},{"sectionNumber":"85","sectionType":"section","heading":"Tribunal may not deal with appeals more suited to","content":"85 Tribunal may not deal with appeals more suited to\nSupreme Court\n(a) a party to an application appeals the decision on the application\nto the tribunal under section 79; and\n(b) an application has not been made under section 83 (Removal of\napplications from tribunal to Supreme Court) in relation to the\nappeal.\n(2) The president may decide not to deal with the appeal if the president\nconsiders that—\n(a) the appeal could be dealt with more conveniently or effectively\nby the Supreme Court; and\n(b) it would be appropriate for the appeal to be dealt with by the\nSupreme Court.\n(3) If the president decides not to deal with the appeal, the president must\ngive the applicant for the appeal written notice that—\n(a) the appeal will not be dealt with by the tribunal; and\n(b) the applicant may appeal to the Supreme Court under\nsection 86 (1) (a) (iii).\n(4) However, this section does not apply to an appeal from an application\nfor external review of an ACAT reviewable decision under the Motor\nAccident Injuries Act 2019, division 2.10.3.\n","sortOrder":110},{"sectionNumber":"86","sectionType":"section","heading":"Appeals to Supreme Court","content":"86 Appeals to Supreme Court\n(1) A party to an application, other than an application mentioned in\nsubsection (2) or (3), for an appeal may appeal to the Supreme Court\non a question of fact or law from either—\n(a) one of the following:\n(i) a decision of the appeal tribunal;\n\n(ii) if the appeal president dismissed the appeal under\nsection 80—the original decision of the tribunal;\n(iii) if the appeal president decides not to deal with the appeal\nunder section 85—the original decision of the tribunal; or\n(b) a decision of the tribunal in relation to a review of a decision\nunder the Freedom of Information Act 2016.\n(2) A party to an application in relation to a review of a decision under\nthe Heritage Act 2004, the Planning Act 2023 or the Urban Forest\nAct 2023 may appeal to the Supreme Court on a question of law from\nthe original decision of the tribunal.\n(3) A party to an application for external review of an ACAT reviewable\ndecision under the Motor Accident Injuries Act 2019, division 2.10.3\n(ACAT review of insurer’s decisions) may appeal to the Supreme\nCourt on a question of law from a decision of the appeal tribunal\nunder that Act, section 199 (External review—effect of decision).\n(4) However, the appeal may be brought only with the Supreme Court’s\nleave.\n","sortOrder":111},{"sectionNumber":"87","sectionType":"section","heading":"Sending documents and things to Supreme Court","content":"87 Sending documents and things to Supreme Court\n(1) For a Supreme Court proceeding—\n(a) the tribunal must send to the Supreme Court any document or\nthing that was before the tribunal that relates to the Supreme\nCourt proceeding; and\n(b) at the end of the Supreme Court proceeding, the court must\nreturn the document or thing to the tribunal.\n\nSupreme Court referrals and appeals Division 8.2\n(2) In this section:\nSupreme Court proceeding means—\n(a) a removal of an application to the Supreme Court under\nsection 83; or\n(b) a question of law in relation to a proceeding referred to the court\nunder section 84; or\n(c) an appeal of a decision of the tribunal to the court under\nsection 86.\n\nPart 9 The ACT civil and administrative\ntribunal\n88 Establishment of tribunal\nThe ACT Civil and Administrative Tribunal is established.\n89 Constitution of tribunal for applications\n(1) The president must allocate tribunal members to a tribunal for an\nNote The president may allocate people to a tribunal for the hearing of an\napplication or to provide an advisory opinion on an application (see dict,\ndef decision).\n(2) The president may allocate to the tribunal for an application 1 or more\nof the following tribunal members:\n(b) a non-presidential member.\n(3) However, for an interim application, the president may allocate any\nof the following to the tribunal for the application:\n(a) 1 or more of the members allocated to the tribunal for the\napplication under subsection (1);\n(b) any other tribunal member the president considers appropriate.\n(4) The president may appoint an assessor to the tribunal for an\n(5) However, the president must not allocate an assessor to a tribunal\nunless there is at least one presidential member or non-presidential\nmember allocated to the tribunal.\n\nEstablishment and constitution Division 9.1\n(6) In this section:\ninterim application means—\n(a) an application under section 53 (Interim orders); or\n(b) an application for an order of a procedural nature.\nExamples—order of a procedural nature\nadjournment, order for default judgment, order joining a party to a proceeding\n","sortOrder":112},{"sectionNumber":"90","sectionType":"section","heading":"Considerations before allocating tribunal members to","content":"90 Considerations before allocating tribunal members to\napplication\nBefore allocating a tribunal member to a tribunal for an application,\nthe president must consider—\n(a) the nature and complexity of the matter to be decided by the\n(b) whether to allocate a member with special qualifications or\nexperience; and\n(c) any other matter for consideration stated in an authorising law.\n","sortOrder":113},{"sectionNumber":"91","sectionType":"section","heading":"President to nominate presiding member","content":"91 President to nominate presiding member\nIf a presidential member is not allocated to the tribunal for an\napplication, the president must nominate a tribunal member allocated\nto the tribunal as the presiding member.\n","sortOrder":114},{"sectionNumber":"92","sectionType":"section","heading":"Tribunal member for an application not available","content":"92 Tribunal member for an application not available\n(1) This section applies if a person who is a tribunal member allocated to\nthe tribunal for an application ceases to be a tribunal member, or\nceases to be available, before the tribunal finishes dealing with the\n(2) The president must—\n(a) direct the remaining members allocated to the tribunal to\ncontinue dealing with the application; or\n\n(b) allocate another tribunal member to the tribunal for the\napplication to replace the person; or\n(c) direct that a new tribunal be made up for the application.\n(3) The tribunal, however reconstituted under subsection (2), may deal\nwith the application as it considers appropriate.\ndeal with the application anew\n","sortOrder":115},{"sectionNumber":"93","sectionType":"section","heading":"Constitution of tribunal to exercise other functions","content":"93 Constitution of tribunal to exercise other functions\nUnless otherwise provided under this Act, the tribunal for the exercise\nof a function other than in relation to an application is made up of the\npresidential members.\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n","sortOrder":116},{"sectionNumber":"94","sectionType":"section","heading":"Appointment of presidential members","content":"94 Appointment of presidential members\n(1) The Executive may appoint—\n(a) a president of the tribunal; and\n(b) other presidential members of the tribunal.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) Also, the Executive may appoint a person as—\n(a) a temporary president of the tribunal; or\n(b) a temporary other presidential member of the tribunal.\n\n(3) The Executive must not appoint a person under subsection (1) (a)\nor (2) (a) unless—\n(a) the person is—\n(i) a magistrate; or\n(ii) eligible to be appointed as a magistrate; and\n(b) if the person is a magistrate—\n(i) the person has agreed to the appointment; and\n(ii) the Chief Magistrate has been consulted about the person’s\nappointment.\nNote Magistrates are appointed by the Executive under the Magistrates Court\nAct 1930, s 7. For eligibility for appointment as a magistrate, see that Act,\ns 7AA and s 7A.\n(4) The appointment of a magistrate as president of the tribunal does\nnot—\n(a) affect the term or conditions of appointment of the magistrate;\nor\n(b) prevent the magistrate from exercising the functions given to a\nmagistrate under any territory law.\n(5) The Executive must not appoint a person under subsection (1) (b)\nor (2) (b) unless the person is a lawyer and has been a lawyer for\n(6) The appointment of a presidential member is a notifiable instrument.\n","sortOrder":117},{"sectionNumber":"95","sectionType":"section","heading":"Requirements of appointment—presidential members","content":"95 Requirements of appointment—presidential members\n(1) The Executive must, in relation to the appointment of presidential\nmembers, determine—\n(a) the criteria that apply to the selection of a person for\nappointment; and\n\n(b) the process for selecting the person.\n(2) A determination is a notifiable instrument.\n","sortOrder":118},{"sectionNumber":"96","sectionType":"section","heading":"Appointment of non-presidential members","content":"96 Appointment of non-presidential members\n(1) The Attorney-General may appoint a person to the tribunal as a senior\nmember or ordinary member.\n(2) Also, the Attorney-General may appoint a person to the tribunal as a\ntemporary senior member or temporary ordinary member.\n(3) The Attorney-General must not appoint a person under subsection (1)\nor (2) unless satisfied that the person has the experience or expertise\nto qualify the person to exercise the functions of a senior or ordinary\nmember.\n(4) A regulation may make provision in relation to the appointment of\nnon-presidential members of the tribunal, including when the\nAttorney-General may or must be satisfied that a person has the\nexperience or expertise to exercise the functions of a senior member\nor ordinary member.\n(5) The appointment of a non-presidential member is a notifiable\ninstrument.\n","sortOrder":119},{"sectionNumber":"97","sectionType":"section","heading":"Appointment of assessors","content":"97 Appointment of assessors\n(1) The president may appoint a person to the tribunal as an assessor.\n(2) However, the president must not appoint a person under subsection\n(1) unless satisfied that the person has the experience or expertise to\nqualify the person to exercise the functions of an assessor.\n(3) An assessor may provide specialist or technical advice to a tribunal\nfor an application, if asked by the tribunal.\n(4) The appointment of an assessor is a notifiable instrument.\n\n","sortOrder":120},{"sectionNumber":"98","sectionType":"section","heading":"Term of appointment","content":"98 Term of appointment\n(1) The appointment of a person as a presidential member under\nsection 94 (1) is for the term—\n(a) stated in the appointment, which must be no less than 7 years;\nor\n(b) if no term is stated in the appointment—7 years.\n(2) The appointment of a person as a temporary presidential member\nunder section 94 (2) is for the term, not longer than 12 months, stated\nin the appointment.\n(3) However, a person must not be appointed as president under\nsection 94 (1) (a), or as temporary president under section 94 (2) (a),\nfor a term that extends beyond the date when the person turns 70 years\nold.\n(4) The appointment of a person as a non-presidential member under\nsection 96 (1) is for the term stated in the appointment or, if no term\nis stated, for 5 years.\n(5) The appointment of a person as a temporary non-presidential member\nunder section 96 (2) is for the term, not longer than 12 months, stated\nin the appointment.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":121},{"sectionNumber":"99","sectionType":"section","heading":"Ending appointments","content":"99 Ending appointments\n(1) The Executive may end a person’s appointment as a non-presidential\nmember—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity affects the\nexercise of the person’s functions; or\n\n(c) for failure to disclose a material interest under section 50.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n(2) Without limiting what constitutes misbehaviour under this section, a\ntribunal member misbehaves if the member fails to act consistently\nwith the undertaking given by the member under section 109.\nNote The Judicial Commissions Act 1994, s 4 provides that a presidential\nmember may only be removed from office in accordance with that Act.\n","sortOrder":122},{"sectionNumber":"100","sectionType":"section","heading":"Conditions of appointment generally","content":"100 Conditions of appointment generally\nA person appointed as a tribunal member holds the position on terms\nnot provided by this Act or a determination under the Remuneration\nTribunal Act 1995 that are—\n(a) decided by the Executive; and\n(b) stated in the appointment.\n","sortOrder":123},{"sectionNumber":"102","sectionType":"section","heading":"Retirement","content":"102 Retirement\n(1) This section applies if a presidential member is—\n(a) an eligible employee for the Superannuation Act 1976 (Cwlth);\nor\n(b) a member of the superannuation scheme for the Superannuation\nAct 1990 (Cwlth); or\n(c) a member of any other superannuation scheme determined by\nthe Attorney-General.\n(2) The Executive may retire the tribunal member on the ground of\ninvalidity with the member’s consent.\n(3) A determination is a notifiable instrument.\n\n","sortOrder":124},{"sectionNumber":"103","sectionType":"section","heading":"Presidential members not to do other work","content":"103 Presidential members not to do other work\n(1) A presidential member appointed under section 94 (1), or a temporary\npresidential member appointed under section 94 (2), must not,\nwithout the Attorney-General’s written consent—\n(a) engage in remunerative employment otherwise than in\nconnection with the member’s functions as a tribunal member;\nor\n(b) accept appointment to another position under a territory law or\na law of the Commonwealth, a State or another Territory.\n(2) This section and the Magistrates Court Act 1930, section 7G\n(Magistrates not to do other work) do not apply to the appointment of\na magistrate as president or temporary president of the tribunal.\n","sortOrder":125},{"sectionNumber":"104","sectionType":"section","heading":"Functions of presidential members generally","content":"104 Functions of presidential members generally\n(1) A presidential member may exercise any function given to\npresidential members under this Act or another territory law.\nmade or in force under the Act, including regulations and rules\n(see Legislation Act, s 104).\n(2) To remove any doubt, the exercise of a function by a presidential\nmember does not affect the power of a president to exercise the\nfunction.\n","sortOrder":126},{"sectionNumber":"105","sectionType":"section","heading":"Functions of president","content":"105 Functions of president\n(1) The president is responsible for ensuring—\n(a) that decisions are made according to law; and\n(b) the orderly and prompt discharge of tribunal business.\nExamples—par (a)\n1 ensuring decisions are free from improper interference\n2 ensuring the quality and consistency of decision making by tribunal members,\nincluding by maintaining skills and resources for that purpose\n\nExamples—par (b)\n1 allocating people to make up a tribunal for a particular application\n2 allocating people to make up an appeal tribunal\n(2) The president may delegate the president’s functions under this Act\nto another presidential member.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":127},{"sectionNumber":"105A","sectionType":"section","heading":"Advising Attorney-General about systemic problems","content":"105A Advising Attorney-General about systemic problems\n(1) This section applies if it appears to the tribunal that applications to\nthe tribunal indicate a systemic problem in relation to—\n(a) the operation of an authorising law; or\n(b) other matters that come to the tribunal’s attention in the course\nof the tribunal exercising its functions.\n(2) The president must tell the Attorney-General about the problem.\n","sortOrder":128},{"sectionNumber":"107","sectionType":"section","heading":"Functions of non-presidential members","content":"107 Functions of non-presidential members\n(1) A non-presidential member may exercise a function of a presidential\nmember unless—\n(a) this Act or an authorising law provides otherwise; or\n(b) the president otherwise directs.\n(2) To remove any doubt, the exercise of a function by a non-presidential\nmember does not affect the power of a presidential member to\nexercise the function.\n","sortOrder":129},{"sectionNumber":"108","sectionType":"section","heading":"Functions of assessors","content":"108 Functions of assessors\n(1) An assessor may exercise any function given to an assessor under this\nAct.\n(2) An assessor cannot delegate the assessor’s functions under this Act.\n\nRegistrar Division 9.3\n","sortOrder":130},{"sectionNumber":"109","sectionType":"section","heading":"Undertaking before exercising tribunal member functions","content":"109 Undertaking before exercising tribunal member functions\nBefore exercising any function as a tribunal member, the member\nmust give an undertaking to the Territory in accordance with\nschedule 1—\n(a) for a presidential member—before a judge of the Supreme\nCourt; or\n(b) for a non-presidential member or assessor—before a\npresidential member.\n","sortOrder":131},{"sectionNumber":"110","sectionType":"section","heading":"Appointment of registrar","content":"110 Appointment of registrar\n(1) The director-general may appoint 1 or more public servants as a\ntribunal registrar.\n(2) However, the director-general must not appoint a person under\nsubsection (1) unless satisfied that the person has the experience or\nexpertise to qualify the person to exercise the functions of a registrar.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n","sortOrder":132},{"sectionNumber":"111","sectionType":"section","heading":"Functions of registrar—non-presidential functions","content":"111 Functions of registrar—non-presidential functions\n(1) A registrar may exercise a function of a non-presidential member\nunless—\n(a) this Act or an authorising law provides otherwise; or\n(b) the president otherwise directs.\nA registrar may hear and decide an application and make any order the tribunal may\nmake.\n\n(2) To remove any doubt, the exercise of a function by a registrar does\nnot affect the power of a presidential member to exercise the function.\n","sortOrder":133},{"sectionNumber":"112","sectionType":"section","heading":"Functions of registrar—other","content":"112 Functions of registrar—other\n(1) In addition to the functions given to the registrar under this Act or\nanother territory law, the registrar has the following functions:\n(a) to provide the public with information about the services\nprovided by or through the tribunal;\n(b) to take reasonably practical steps to help a person make an\napplication, as the registrar considers appropriate;\nExamples—help\n1 advising person about the role of the tribunal\n2 helping person to put application in writing\n(c) to provide the public with information about, and refer people\nto, other services provided by government or otherwise for\nresolving disputes.\n(2) The registrar must exercise functions in consultation with, and subject\nto any direction of, the president.\n","sortOrder":134},{"sectionNumber":"113","sectionType":"section","heading":"Delegation of functions of registrar","content":"113 Delegation of functions of registrar\nA registrar may delegate functions to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":135},{"sectionNumber":"114","sectionType":"section","heading":"Deputy registrars","content":"114 Deputy registrars\n(1) The director-general may appoint 1 or more public servants as deputy\nregistrars of the tribunal.\n(2) A deputy registrar may exercise a function of a registrar, subject to\nany direction of a registrar.\n\nACAT trust account Part 9A\n","sortOrder":136},{"sectionNumber":"115A","sectionType":"section","heading":"Definitions—pt 9A","content":"115A Definitions—pt 9A\nACAT trust account—see section 115B (2).\ntrust amount means an amount mentioned in section 115B (1).\n","sortOrder":137},{"sectionNumber":"115B","sectionType":"section","heading":"ACAT trust account","content":"115B ACAT trust account\n(1) The following amounts are held on trust by the Territory:\n(a) amounts paid to the Territory under this Act;\n(b) amounts that may or must be paid into the ACAT trust account\nunder an authorising law;\n(c) interest on the amounts.\nNote The Financial Management Act 1996, pt 7 sets out how trust amounts are\nto be held and administered.\n(2) The director-general must open and maintain a trust account\n(the ACAT trust account) for the trust amounts.\n(3) The director-general must keep a record of the trust amounts paid into\nthe ACAT trust account under this Act and each authorising law.\ninterest—see the Financial Management Act 1996, dictionary.\n","sortOrder":138},{"sectionNumber":"115C","sectionType":"section","heading":"Use of trust amounts","content":"115C Use of trust amounts\nA trust amount may be used for any of the following purposes:\n(a) to meet the recurrent costs of remuneration and administration\nof the ACAT;\n(b) to reimburse the Territory for the costs of administering this Act;\n\n(c) for a purpose prescribed by regulation in relation to any\nauthorising law;\n(d) for any other purpose prescribed by regulation.\n","sortOrder":139},{"sectionNumber":"115D","sectionType":"section","heading":"Territory entities to pay amounts to ACAT trust account","content":"115D Territory entities to pay amounts to ACAT trust account\n(a) a territory entity makes an application to the ACAT in a quarter;\nand\n(b) no filing fee is paid for the application because of the operation\nof the Legislation Act, section 121 (Binding effect of Acts).\n(2) The territory entity must, at the end of the quarter, pay to the ACAT\ntrust account an amount equal to the filing fee for the application.\nterritory entity includes—\n(a) the Territory; or\n(b) a Minister; or\n(c) an administrative unit; or\n(d) a territory instrumentality; or\n(e) any other territory authority.\n\nMiscellaneous Part 10\n","sortOrder":140},{"sectionNumber":"116","sectionType":"section","heading":"Protection of members etc from liability","content":"116 Protection of members etc from liability\n(1) A protected person is not personally liable for conduct done honestly\nand without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to the\nprotected person attaches instead to the Territory.\nconduct means an act or an omission to do an act.\nprotected person means a person who is or has been—\n(a) a tribunal member; or\n(b) acting under the direction or authority of the tribunal, including\nunder the direction or authority of a registrar.\nExample—par (b)\nan accredited mediator to whom an application is referred under s 35\n","sortOrder":141},{"sectionNumber":"117","sectionType":"section","heading":"Approved forms","content":"117 Approved forms\n(1) The tribunal may, in writing, approve forms for this Act.\n(2) If the tribunal approves a form for a particular purpose, the approved\nform must be used for that purpose.\n\n","sortOrder":142},{"sectionNumber":"118","sectionType":"section","heading":"Regulation-making power","content":"118 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) an amount payable under an order on application for\noccupational discipline;\n(b) an amount payable for failure to comply with a tribunal order;\n(c) the appointment of non-presidential tribunal members.\n\nUndertaking for exercise of tribunal member functions Schedule 1\n","sortOrder":143},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Undertaking for exercise of","content":"Schedule 1 Undertaking for exercise of\ntribunal member functions\n(see s 109)\nI, [name], undertake to the Territory that I will well and truly serve in the office\nof [presidential member/non-presidential member/assessor] and that I will do\nright to all people, according to law, without fear or favour, affection or ill will.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• appoint\n• Australian Consumer Law (ACT)\n• body\n• Chief Magistrate\n• contravene\n• Corporations Act\n• director-general (see s 163)\n• Executive\n• exercise\n• function\n• interest\n• lawyer\n• magistrate\n• proceeding\n• public servant\n• territory authority\n• territory instrumentality.\nACAT trust account, for part 9A (ACAT trust account)—see\nsection 115B (2).\naccredited mediator means a person who is entered as a mediator in\nthe register of nationally accredited mediators maintained by the\nMediator Standards Board.\nappeal tribunal means a tribunal made up under section 81 to review\na decision of the tribunal.\n\napplication—\n(a) for this Act generally—means an application under section 9;\nand\n(b) for parts 5 to 9 includes—\n(i) a matter referred or appealed to the tribunal under any\nauthorising law; and\n(ii) a matter heard or dealt with by the tribunal on its own\ninitiative.\nExamples—authorising laws under which a matter may be referred to\nthe tribunal\n1 Crimes Act 1900, s 331 (Referral to ACAT)\n","sortOrder":144},{"sectionNumber":"2","sectionType":"section","heading":"Human Rights Commission Act 2005, s 53A (Referral of discrimination","content":"2 Human Rights Commission Act 2005, s 53A (Referral of discrimination\ncomplaints other than commission-initiated discrimination matters)\nappropriate court, for part 7 (Enforcement and offences)—see\nsection 69A.\nassessor means a person appointed under section 97.\nauthorising law means—\n(a) a territory law that provides that an application may be made to\nthe tribunal; and\n(b) for a civil dispute—includes this Act.\ncertifying authority, in relation to a non-disclosure certificate, for\npart 4A (Administrative review)—see section 22A.\ncivil dispute—see section 16.\ncivil dispute application—see section 16.\ncommon boundaries determination, for part 4 (Civil disputes)—see\nsection 15.\ncontract application, for part 4 (Civil disputes)—see section 15.\ndamages application, for part 4 (Civil disputes)—see section 15.\n\ndebt application, for part 4 (Civil disputes)—see section 15.\ndebt declaration, for part 4 (Civil disputes)—see section 15.\ndecision, of the tribunal, means—\n(a) an original decision on a matter stated in an application; or\n(b) the review of another entity’s decision stated in an application;\nor\n(c) an advisory opinion on a matter stated in an application; or\n(d) for an appeal—a decision by the tribunal for the appeal.\ndecision-maker, for a reviewable decision, for part 4A\n(Administrative review)—see section 22A.\nfair work claim—see the Magistrates Court Act 1930, s 266E.\ngoods application, for part 4 (Civil disputes)—see section 15.\nground for occupational discipline, for division 6.2 (Powers and\ndecisions in applications for occupational discipline)—see section 64.\ninternal review notice—see section 67B (1).\nMediator Standards Board means the incorporated body registered\nunder the Corporations Act as the Mediator Standards Board Limited\n(ACN 145 829 812).\nnon-disclosure certificate, for part 4A (Administrative review)—see\nsection 22A.\nnon-presidential member means a senior member or ordinary\nmember of the tribunal appointed under section 96 (1) or a temporary\nsenior member or temporary ordinary member of the tribunal\nappointed under section 96 (2).\nnuisance application, for part 4 (Civil disputes)—see section 15.\n\noccupational discipline, in relation to a person who is licensed, or\nregistered, under an authorising law—\n(a) means any action the tribunal may take in relation to the person\nunder the authorising law; and\n(b) includes action the tribunal may take under section 66 (Orders\nfor occupational discipline).\nparty, to an application, means a party to the application under\nsection 29.\nprescribed reason, for division 4A.3 (Tribunal hearings—\nnon-disclosure)—see section 22G.\npresident means the president appointed under section 94 (1) (a) or a\ntemporary president appointed under section 94 (2) (a).\npresidential member means the president or another presidential\nmember appointed under section 94 (1) (b) or a temporary\npresidential member appointed under section 94 (2) (b).\nquestion of law includes whether a question is a question of law.\nreasons statement, for part 4A (Administrative review)—see\nsection 22B.\nregistrar means the tribunal registrar appointed under section 110.\nreviewable decision, for part 4A (Administrative review)—see\nsection 22A.\nreviewable decision notice—see section 67A.\nrules means the rules of the tribunal made under section 24.\nsubject person, for division 6.2 (Powers and decisions in applications\nfor occupational discipline)—see section 65.\ntrespass application, for part 4 (Civil disputes)—see section 15.\n\ntribunal means—\n(a) the ACT Civil and Administrative Tribunal established under\nsection 88; and\n(b) for an application—means the tribunal made up under\nsection 89 for the application; and\n(c) for an appeal—an appeal tribunal.\ntribunal member means a presidential member, non-presidential\nmember or assessor.\ntrust amount, for part 9A (ACAT trust account)—see section 115A.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nACT Civil and Administrative Tribunal Act 2008 A2008-35\nss 3-5, ss 7-9, div 5.1 (ss 23-28), s 57, s 58, pt 9 (ss 88-115),\nss 116-118, dict commenced 11 September 2008 (s 2 (1) and\nCN2008-15)\nremainder commenced 2 February 2009 (s 2 (1) and CN2009-2)\nas amended by\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.1\nsch 1 pt 1.1 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.1\nsch 1 pt 1.1 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nas modified by\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 5, s 6,\nA2009-49 amdt 1.2, A2009-44 amdt 1.12, A2009-54 sch 1 pt 1.2)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nACT Civil and Administrative Tribunal (Transitional Provisions)\nAmendment Regulation 2009 (No 1) SL2009-51 s 5, s 6\nnotified LR 30 October 2009\ns 1, s 2 commenced 30 October 2009 (LA s 75 (1))\nremainder commenced 31 October 2009 (s 2)\nNote This regulation only amends the ACT Civil and Administrative\nTribunal (Transitional Provisions) Regulation 2009 SL2009-2.\nas amended by\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.1, sch 1 pt 1.2\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.1, sch 1 pt 1.2 commenced 22 December 2009 (s 2 (3))\nNote This Act also amends the ACT Civil and Administrative Tribunal\nStatute Law Amendment Act 2009 (No 2) A2009-49 amdts 1.2-1.4\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\namdts 1.2-1.4 commenced 17 December 2009 (s 2)\nNote This Act only amends the ACT Civil and Administrative Tribunal\nJustice and Community Safety Legislation Amendment Act 2009\n(No 4) A2009-54 sch 1 pt 1.1, sch 1 pt 1.2\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nsch 1 pt 1.1, sch 1 pt 1.2 commenced 22 December 2009 (s 2 (2) (a)\nand see Justice and Community Safety Legislation Amendment\nAct 2009 (No 3) A2009-44 s 2 (3))\nNote This Act also amends the ACT Civil and Administrative Tribunal\nJustice and Community Safety Legislation Amendment Act 2010\nA2010-13 sch 1 pt 1.1\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\ns 3 commenced 1 April 2010 (LA s 75AA)\nsch 1 pt 1.1 commenced 28 April 2010 (s 2 (4))\n\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.1\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.1 commenced 3 June 2010 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.1\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.1 commenced 1 September 2010 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.1\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.1 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.2\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.1\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 12 April 2012 (s 2 (1))\nCourts Legislation Amendment Act 2014 A2014-1 pt 2\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 2 commenced 2 April 2014 (s 2)\nCourts Legislation Amendment Act 2015 A2015-10 pt 2\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 2 commenced 7 April 2016 (s 2 (1))\n\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.1\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 June 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.1\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.1 commenced 9 December 2015 (s 2)\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 2\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\nss 5-7 commenced 7 April 2016 (s 2 (1))\npt 2 remainder commenced 10 December 2015 (s 2 (2))\nACT Civil and Administrative Tribunal Amendment Act 2016\nA2016-15\nnotified LR 11 March 2016\ns 1, s 2 commenced 11 March 2016 (LA s 75 (1))\nremainder commenced 12 March 2016 (s 2)\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\ns 4 commences 15 December 2016 (s 2 (2))\nremainder commenced 16 June 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.1\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 29 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.2\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 September 2016 (s 2)\n\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.1 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.1 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.1\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.1 commenced 11 October 2017 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 2\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 2 commenced 26 April 2018 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 (No 2)\nA2018-39 pt 2\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\npt 2 commenced 13 March 2019 (s 2 and CN2019-5)\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.1\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.1 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 2\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 2 commenced 21 June 2019 (s 2)\n\nCourts (Fair Work and Work Safety) Legislation Amendment Act 2019\nA2019-32 pt 2\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 2 commenced 9 October 2020 (s 2 (3))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.1\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.1 commenced 14 November 2019 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 2\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 2 commenced 27 August 2021 (s 2 (7))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 2\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 2 commenced 26 February 2021 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 2\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 2 commenced 16 June 2021 (s 2 (3))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.1\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 6 April 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.1\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\n\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.1\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 2, sch 1 pt 1.1\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 2, sch 1 pt 1.1 commenced 12 December 2023 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.2\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.2 commenced 6 December 2025 (s 2 (5))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 2\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 2 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nTribunal principles\ns 7 sub A2021-13 s 4\nDuties of parties, authorised representatives and others\ns 7A ins A2021-13 s 4\nApplications under authorising laws\ns 9 am A2012-13 amdt 1.1\nMaking an application\ns 10 am A2009-44 amdt 1.1; A2025-29 amdt 4.2\nHelp with applications etc\ns 13 am A2009-44 amdt 1.11\nom A2012-13 amdt 1.2\nAdvising Attorney-General about systemic problems\ns 14 om A2012-13 amdt 1.2\nMeaning of civil dispute and civil dispute application—Act\ns 16 am A2012-13 amdt 1.3; pars renum R13 LA; A2019-32 s 4;\nA2023-57 amdt 1.1\n$25 000 limit on civil dispute applications\ns 18 hdg am A2016-28 s 4\ns 18 am A2016-28 s 4\nAbandoning excess to come within jurisdiction\ns 20 am A2011-16 amdt 1.1; A2016-28 s 4\nJurisdiction by agreement—amounts over $25 000\ns 21 hdg am A2016-28 s 4\ns 21 am A2016-28 s 4\nTribunal jurisdiction and powers of Magistrates Court\ns 22 am A2018-9 s 4\nAdministrative review\npt 4A hdg ins A2008-36 amdt 1.1\nDefinitions—pt 4A\ndiv 4A.1 hdg ins A2008-36 amdt 1.1\n\nDefinitions—pt 4A\ns 22A ins A2008-36 amdt 1.1\ndef certifying authority ins A2008-36 amdt 1.1\ndef decision-maker ins A2008-36 amdt 1.1\ndef non-disclosure certificate ins A2008-36 amdt 1.1\ndef reasons statement ins A2008-36 amdt 1.1\ndef reviewable decision ins A2008-36 amdt 1.1\nReasons statements\ndiv 4A.2 hdg ins A2008-36 amdt 1.1\nRequirement to give reasons statements\ns 22B ins A2008-36 amdt 1.1\nam A2015-50 amdt 3.1\nReasons statement—declaration by tribunal\ns 22C ins A2008-36 amdt 1.1\nReasons statement declared insufficient\ns 22D ins A2008-36 amdt 1.1\nCertain material not required to be disclosed\ns 22E ins A2008-36 amdt 1.1\nCertain reasons statements—application of divs 4A.3 and 4A.4\ns 22F ins A2008-36 amdt 1.1\nTribunal hearings—non-disclosure\ndiv 4A.3 hdg ins A2008-36 amdt 1.1\nMeaning of prescribed reason—div 4A.3\ns 22G ins A2008-36 amdt 1.1\nPublic interest rules excluded from div 4A.3\ns 22H ins A2008-36 amdt 1.1\nNon-disclosure certificates\ns 22I ins A2008-36 amdt 1.1\nDealing with non-disclosable matters—tribunal\ns 22J ins A2008-36 amdt 1.1\nNon-disclosure certificate without prescribed reason\ns 22K ins A2008-36 amdt 1.1\nCertifying authority may intervene\ns 22L ins A2008-36 amdt 1.1\nam A2009-44 amdt 1.2\nAppearance etc of certifying authority\ns 22M ins A2008-36 amdt 1.1\nNon-disclosure—Supreme Court proceedings\ndiv 4A.4 hdg ins A2008-36 amdt 1.1\n\nDealing with non-disclosable matters—Supreme Court\ns 22N ins A2008-36 amdt 1.1\nNon-disclosure certificate without prescribed reason—Supreme Court\ns 22O ins A2008-36 amdt 1.1\nMiscellaneous\ndiv 4A.5 hdg ins A2008-36 amdt 1.1\nTime for deciding land, planning and environment applications\ns 22P ins A2008-36 amdt 1.1\nam A2015-16 amdt 1.1; ss renum R15 LA; A2016-28 s 19;\nA2023-36 amdt 1.1; A2023-52 amdt 1.1\nPeople whose interests are affected\ns 22Q ins A2008-36 amdt 1.1\nQuestions of law\ns 22R ins A2008-36 amdt 1.1\nPeople who make certain decisions\ns 22S ins A2008-37 amdt 1.1\nLegal and financial assistance for certain people\ns 22T ins A2008-37 amdt 1.1\nTribunal decides own procedure\ns 23 sub A2021-13 s 5\nRule-making power\ns 24 am A2025-29 amdt 4.2\nSubject matter of rules\ns 25 am A2008-36 amdt 1.2; A2009-44 amdt 1.11; A2010-13\namdt 1.1; A2023-36 amdt 1.2\nTime and place of proceedings\ns 28 am A2015-52 s 4; A2016-28 s 19\nParties to applications\ns 29 am A2008-36 amdt 1.3; ss renum R2 LA; A2009-44 amdt 1.3;\nA2010-13 amdt 1.2; A2023-36 amdt 1.3\nDefinitions—div 5.3\ns 30A ins A2015-10 s 5\ndef mediation ins A2015-10 s 5\ndef mediation material ins A2015-10 s 5\n\nDismissing or striking out applications\ns 32 hdg sub A2014-1 s 4\ns 32 am A2010-13 amdt 1.3; A2014-1 s 5, s 6; A2023-36 amdt 1.4;\nA2023-52 amdt 1.2\nMediation for applications\ns 35 am A2015-10 s 6, s 7; A2015-52 s 6; A2021-13 s 6, s 7\nAdmissibility of information given at mediation\ns 35A ins A2015-10 s 8\nSecrecy\ns 35B ins A2015-10 s 8\nProtection from defamation\ns 35C ins A2015-10 s 8\nApplications to be heard\ns 36 am A2014-1 s 7, s 8\nNotice of hearing\ns 37 am A2009-44 amdt 1.11\nPowers in relation to witnesses etc\ns 41 am A2008-37 amdt 1.2; A2018-9 s 5; A2025-29 amdt 4.2;\nA2026-4 s 4\nProtection of lawyers etc and witnesses\ns 41A ins A2008-36 amdt 1.4\nArrest if people fail to appear\ns 42 am A2008-37 amdt 1.3\nProcedure in absence of party\ns 44 am A2018-9 s 6\nom A2021-13 s 8\nProcedure in absence of party\ns 47A ins A2021-13 s 9\nCosts of proceedings\ns 48 am A2010-13 amdt 1.4, amdt 1.5; A2014-1 ss 9-11; A2018-9\ns 7, s 8; A2023-36 amdt 1.4; A2023-52 amdt 1.3\nCosts of proceedings relating to review of decisions under Freedom of\nInformation Act 2016\ns 48A ins A2016-55 amdt 4.1\nDisclosure of material interests by tribunal members\ns 50 am A2016-28 s 19\n\nReporting of disclosed tribunal member interests to Minister\ns 51 am A2016-28 s 19; A2022-4 amdt 1.1, amdt 1.2\nInterim orders\ns 53 am A2009-44 amdt 1.11; A2014-1 s 12, s 13; A2021-13 s 10,\ns 11\nDecisions without hearing\ns 54 am A2021-13 ss 12-14; ss renum R35 LA\nPowers of tribunal if parties reach agreement\ns 55 am A2021-13 s 15\nConciliated agreement orders\ns 55A ins A2019-17 s 4\nam A2023-57 amdt 1.2\nConsumer complaints—orders giving effect to conciliation agreements\ns 55B ins A2020-42 s 4\nOther actions by tribunal\ns 56 am A2018-9 s 9; A2021-13 s 16, s 17\nStatement of reasons\ns 60 am A2010-13 amdt 1.6; A2014-1 s 14; A2015-50 amdt 3.2\nMaking and effect of orders\ns 61 am A2014-1 s 15\nReserving decisions\ns 62 am A2014-1 s 16\nOrders for occupational discipline\ns 66 am A2008-36 amdt 1.5, amdt 1.6; ss renum R2 LA\nReviewable decision notice\ns 67A ins A2008-36 amdt 1.7\nInternal review notice\ns 67B ins A2008-37 amdt 1.4\nMeaning of appropriate court—pt 7\ns 69A am A2018-9 s 10\nEnforcement of orders\ns 71 sub A2018-9 s 11\nFaulty filed orders referred back to tribunal\ns 72 am A2016-28 s 19; A2018-9 s 12, s 13\nFixed faulty orders\ns 73 am A2018-9 s 14\nFailure to comply with order\ns 74 am A2009-44 amdt 1.11\n\nNonpayment of amounts ordered to be paid\ns 75 am A2009-44 amdt 1.4\nSuspension or cancellation on warning notice\ns 76 am A2009-44 amdt 1.11\nReferral of questions of law within tribunal\ns 77 am A2010-13 amdt 1.7; ss renum R7 LA; A2016-28 s 20;\nRequests for rulings in land, planning and environment applications\ns 77A ins A2010-13 amdt 1.8\nexp 28 October 2010 (s 77A (4) (LA s 88 declaration applies))\nCorrection requests\ns 78 am A2010-13 amdt 1.9; ss renum R7 LA; A2016-28 s 19, s 20;\nRequests for corrections of decisions on land, planning and environment\napplications\ns 78A ins A2010-13 amdt 1.10\nexp 28 October 2010 (s 78A (4) (LA s 88 declaration applies))\nAppeals within tribunal\ns 79 am A2010-13 amdt 1.11; ss renum R7 LA; A2016-55 amdt 4.2;\nAppeals for decisions on land, planning and environment applications\ns 79A ins A2010-13 amdt 1.12\nexp 28 October 2010 (s 79A (4) (LA s 88 declaration applies))\nDismissing appeals\ns 80 am A2016-28 s 20\nConstitution of appeal tribunal\ns 81 am A2009-44 amdt 1.5; A2016-28 s 20\nAppeal tribunal—general powers\ns 82 sub A2021-13 s 18\nRemoval of combined fair work matter\ndiv 8.1A hdg ins A2019-32 s 5\nRemoval from tribunal to Magistrates Court—combined fair work matter\ns 82A ins A2019-32 s 5\nam A2023-57 amdt 1.3\nRemoval of applications from tribunal to Supreme Court\ns 83 am A2009-44 amdt 1.6; A2019-12 amdt 3.1\nTribunal may not deal with appeals more suited to Supreme Court\ns 85 sub A2009-44 amdt 1.7; A2016-28 s 20\nam A2019-42 amdt 3.1; A2019-12 amdt 3.2\n\nAppeals to Supreme Court\ns 86 am A2009-44 amdt 1.8; A2010-13 amdt 1.13, amdt 1.14;\nss renum R7 LA; A2016-28 s 20; A2016-55 amdt 4.3;\nA2019-12 amdt 3.3, amdt 3.4; ss renum R32 LA; A2023-36\namdt 1.4; A2023-52 amdt 1.3\nSending documents and things to Supreme Court\ns 87 am A2009-44 amdt 1.9; pars renum R5 LA\nEstablishment of tribunal\ns 88 am A2012-13 amdt 1.4\nConstitution of tribunal for applications\ns 89 am A2012-13 amdt 1.5, amdt 1.6; ss renum R13 LA; A2016-28\ns 19\nConsiderations before allocating tribunal members to application\ns 90 am A2016-28 s 19\nPresident to nominate presiding member\ns 91 am A2016-28 s 19\nTribunal member for an application not available\ns 92 am A2016-28 s 19\nAppointment of presidential members\ns 94 am A2010-30 amdt 1.1; ss renum R9 LA\nsub A2016-28 s 5\nam A2025-29 amdt 4.2\nRequirements of appointment—presidential members\ns 95 am A2010-18 amdt 3.1; A2025-29 amdt 4.2\nAppointment of non-presidential members\ns 96 am A2010-30 amdt 1.2, amdt 1.3; ss renum R9 LA; A2025-29\namdt 4.2\nAppointment of assessors\ns 97 am A2016-28 s 19; A2025-29 amdt 4.2\nTerm of appointment\ns 98 am A2010-30 amdt 1.4-1.7; ss renum R9 LA; A2016-28 s 6;\nss renum R21 LA; A2018-39 s 4\nConditions of appointment generally\ns 100 am A2016-28 s 7\nTemporary members if tribunal members absent etc\ns 101 om A2010-30 amdt 1.8\nRetirement\ns 102 am A2025-29 amdt 4.2\n\nPresidential members not to do other work\ns 103 hdg sub A2010-30 amdt 1.9\ns 103 am A2010-30 amdt 1.10; A2016-28 s 8, s 9;\nFunctions of president\ns 105 sub A2016-28 s 10\nAdvising Attorney-General about systemic problems\ns 105A ins A2012-13 amdt 1.7\nam A2016-28 s 19\nFunctions of appeal president\ns 106 om A2016-28 s 11\nFunctions of non-presidential members\ns 107 am A2016-28 s 12, s 19; ss renum R21 LA\nRegistrar\ndiv 9.3 hdg sub A2016-52 amdt 1.4\nAppointment of registrar\ns 110 am A2009-44 amdt 1.10, amdt 1.11; A2011-22 amdt 1.9\nFunctions of registrar—non-presidential functions\ns 111 am A2009-44 amdt 1.11; A2016-28 s 13, s 19; ss renum\nR21 LA\nFunctions of registrar—other\ns 112 am A2009-44 amdt 1.11; A2012-13 amdt 1.8, amdt 1.9; pars\nrenum R13 LA; A2016-28 s 19; A2016-37 amdt 1.1\nDelegation of functions of registrar\ns 113 am A2009-44 amdt 1.11\nDeputy registrars\ns 114 am A2009-44 amdt 1.11; A2011-22 amdt 1.9\nStaff assisting registrar\ns 115 am A2009-44 amdt 1.11\nom A2016-52 amdt 1.5\nACAT trust account\npt 9A hdg ins A2008-37 amdt 1.5\nDefinitions—pt 9A\ns 115A ins A2008-37 amdt 1.5\ndef ACAT trust account ins A2008-37 amdt 1.5\ndef trust amount ins A2008-37 amdt 1.5\nACAT trust account\ns 115B ins A2008-37 amdt 1.5; A2011-22 amdt 1.9\n\nUse of trust amounts\ns 115C ins A2008-37 amdt 1.5\nsub A2021-3 s 4\nTerritory entities to pay amounts to ACAT trust account\ns 115D ins A2009-54 amdt 1.1\nProtection of members etc from liability\ns 116 am A2009-44 amdt 1.11; A2015-10 s 9\nApproved forms\ns 117 am A2023-57 s 5; A2025-29 amdt 4.2\nRegulation-making power\ns 118 am A2025-29 amdt 4.2\nLegislation repealed\ns 119 sub A2008-37 amdt 1.6\nom LA s 89 (3)\nTransitional\npt 30 hdg ins A2008-36 amdt 1.8\nTransitional—general\ndiv 30.1 hdg ins A2008-36 amdt 1.8\nom R5 LA\nMeaning of commencement day—pt 30\ns 300 ins A2008-36 amdt 1.8\nTransitional regulations\ns 301 ins A2008-36 amdt 1.8\nNumber of registrars\ns 301A ins as mod SL2009-2 s 67\nA2009-44 amdt 1.12)\nTerritory entities to pay amounts to ACAT trust account\ns 301AA ins as mod SL2009-2 s 67 (as ins by SL2009-51 s 5)\nModification—Construction Occupations (Licensing) Act 2004\ns 301B ins as mod SL2009-2 s 67\nmod lapsed 17 December 2009 (SL2009-2 s 67 am by\nA2009-49 amdt 1.2)\n\nModification—Construction Occupations (Licensing) Regulation 2004\ns 301C ins as mod SL2009-2 s 67\nmod lapsed 17 December 2009 (SL2009-2 s 67 am by\nA2009-49 amdt 1.2)\nModification—Legal Profession Act 2006\ns 301D ins as mod SL2009-2 s 67 (as ins by SL2009-51 s 6)\nModification—Magistrates Court Act 1930\ns 301E ins as mod SL2009-2 s 67 (as ins by SL2009-51 s 6)\nModification—Utilities Act 2000\ns 301F ins as mod SL2009-2 s 67 (as ins by SL2009-51 s 6)\nTransitional effect—Legislation Act, s 88\ns 302 ins A2008-36 amdt 1.8\nexp 2 February 2010 (s 303) (LA s 88 declaration applies)\nExpiry—pt 30\ns 303 ins A2008-36 amdt 1.8\nTransitional—general ACAT power\ndiv 30.2 hdg ins A2008-36 amdt 1.8\nACAT’s power to hear applications about pre-commencement activities\ns 304 ins A2008-36 amdt 1.8\nTransitional—Agents Act 2003\ndiv 30.3 hdg ins A2008-36 amdt 1.8\nDefinitions—div 30.3\ns 305 ins A2008-36 amdt 1.8\ndef consumer and trader tribunal ins A2008-36 amdt 1.8\ndef pre-amendment Act ins A2008-36 amdt 1.8\n\nCertain applications under pre-amendment Act—no hearing\ns 306 ins A2008-36 amdt 1.8\nCertain applications under pre-amendment Act—hearing\ns 306A ins A2008-36 amdt 1.8\nDisciplinary action under pre-amendment Act, s 43 or s 67\ns 307 ins A2008-36 amdt 1.8\nTrust money\ns 308 ins A2008-37 amdt 1.7\nReview of disqualifications—consumer and trader tribunal\ns 309 ins A2008-36 amdt 1.8\nReview of disqualifications—ACAT\ns 310 ins A2008-36 amdt 1.8\nArchitects Act 2004\ndiv 30.4 hdg ins A2008-36 amdt 1.8\nMeaning of pre-amendment Act—div 30.4\ns 311 ins A2008-36 amdt 1.8\nDisciplinary notices\ns 312 ins A2008-36 amdt 1.8\ns 313 ins A2008-36 amdt 1.8\n\ns 314 ins A2008-36 amdt 1.8\nDisciplinary inquiries\ns 315 ins A2008-36 amdt 1.8\nConstruction Occupations (Licensing) Act 2004\ndiv 30.5 hdg ins A2008-36 amdt 1.8\nMeaning of pre-amendment Act—div 30.5\ns 316 ins A2008-36 amdt 1.8\nDisciplinary notices\ns 317 ins A2008-36 amdt 1.8\ns 318 ins A2008-36 amdt 1.8\ns 319 ins A2008-36 amdt 1.8\nDisciplinary inquiries\ns 320 ins A2008-36 amdt 1.8\nConsumer Credit Regulation 1996\ndiv 30.6 hdg ins A2008-36 amdt 1.8\nMeaning of pre-amendment Regulation—div 30.6\ns 321 ins A2008-36 amdt 1.8\n\nTransfer of proceedings to credit tribunal\ns 322 ins A2008-36 amdt 1.8\nConsumer Credit (Administration) Act 1996\ndiv 30.7 hdg ins A2008-36 amdt 1.8\nMeaning of pre-amendment Act—div 30.7\ns 323 ins A2008-36 amdt 1.8\nNotice to show cause\ns 324 ins A2008-36 amdt 1.8\ns 325 ins A2008-36 amdt 1.8\ns 326 ins A2008-36 amdt 1.8\nValidations\npt 31 hdg ins A2016-15 s 4\nValidation of appointments\ns 350 ins A2016-15 s 4\nExpiry—pt 31\ns 351 ins A2016-15 s 4\nTransitional—ACT Civil and Administrative Tribunal Amendment Act 2016\n(No 2)\npt 32 hdg ins A2016-28 s 14\nGeneral president taken to be president of tribunal\ns 360 ins A2016-28 s 14\n\nTransitional regulations\ns 361 ins A2016-28 s 14\nExpiry—pt 32\ns 362 ins A2016-28 s 14\ndict am A2008-36 amdt 1.9; A2011-22 amdt 1.10, amdt 1.11;\nA2012-13 amdt 1.10; A2015-10 s 10; A2016-28 s 15;\nA2016-52 amdt 1.6\ndef ACAT trust account ins A2008-37 amdt 1.8\ndef accredited mediator ins A2015-10 s 11\ndef appeal president om A2016-28 s 16\ndef application ins A2012-13 amdt 1.11\ndef appropriate court ins A2018-9 s 15\ndef certifying authority ins A2008-36 amdt 1.10\ndef decision am A2008-36 amdt 1.11\ndef decision-maker ins A2008-36 amdt 1.12\ndef fair work claim ins A2019-32 s 6\ndef general president om A2016-28 s 16\ndef internal review notice ins A2008-37 amdt 1.8\ndef mediation ins A2015-10 s 11\nom A2017-28 amdt 3.1\ndef mediation material ins A2015-10 s 11\nom A2017-28 amdt 3.1\ndef Mediator Standards Board ins A2015-10 s 11\ndef non-disclosure certificate ins A2008-36 amdt 1.12\ndef non-presidential member sub A2010-30 amdt 1.11\ndef prescribed reason ins A2008-36 amdt 1.12\ndef president ins A2016-28 s 17\ndef presidential member sub A2010-30 amdt 1.12; A2016-28\ns 18\ndef reasons statement ins A2008-36 amdt 1.12\ndef reviewable decision ins A2008-36 amdt 1.12\ndef reviewable decision notice ins A2008-36 amdt 1.12\ndef trust amount ins A2008-37 amdt 1.8\nam A2015-50 amdt 3.3\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n11 Sept 2008\n11 Sept 2008–\n1 Feb 2009\nA2008-37 commenced\nprovisions\nR2*\n2 Feb 2009\n2 Feb 2009–\n30 Oct 2009\nSL2009-2 commenced\nprovisions,\namendments by\nA2008-36 and\nA2008-37 and\nmodifications by\nSL2009-2\n31 Oct 2009\n31 Oct 2009–\n16 Dec 2009\nSL2009-51 modifications by\nSL2009-2 as\nSL2009-51\n17 Dec 2009\n17 Dec 2009–\n21 Dec 2009\nA2009-49 modifications by\nSL2009-2 as\nA2009-49\n22 Dec 2009\n22 Dec 2009–\n2 Feb 2010\nA2009-54 amendments by\nA2009-44 and\nA2009-54\n3 Feb 2010\n3 Feb 2010–\n27 Apr 2010\nA2009-54 commenced expiry\n28 Apr 2010\n28 Apr 2010–\nA2010-13 amendments by\nA2010-13\n3 June 2010–\n31 Aug 2010\nA2010-18 amendments by\nA2010-18\n\n5 Earlier republications\nfor\n1 Sept 2010\n1 Sept 2010–\n28 Oct 2010\nA2010-30 amendments by\nA2010-30\n29 Oct 2010\n29 Oct 2010–\nA2010-30 commenced expiry\n1 July 2011–\n16 Nov 2011\nA2011-22 amendments by\nA2011-22\n17 Nov 2011\n17 Nov 2011–\n11 Apr 2012\nA2011-22 amendments by\nA2011-16\n12 Apr 2012\n12 Apr 2012–\n1 Apr 2014\nA2012-13 amendments by\nA2012-13\nR14*\n2 Apr 2014\n2 Apr 2014–\nA2014-1 amendments By\nA2014-1\n3 June 2015–\n8 Dec 2015\nA2015-16 amendments by\nA2015-16\n9 Dec 2015\n9 Dec 2015–\n9 Dec 2015\nA2015-50 amendments by\nA2015-50\n10 Dec 2015\n10 Dec 2015–\n11 Mar 2016\nA2015-52 amendments by\nA2015-52\n12 Mar 2016\n12 Mar 2016–\n12 Mar 2016\nA2016-15 amendments by\nA2016-15\n13 Mar 2016\n13 Mar 2016–\n6 Apr 2016\nA2016-15 expiry of validation\nprovisions (pt 31)\n7 Apr 2016\n7 Apr 2016–\nA2016-15 amendments by\nA2015-10 and\nA2015-52\n16 June 2016–\nA2016-28 amendments by\n29 June 2016–\n31 Aug 2016\nA2016-37 amendments by\nA2016-37\n1 Sept 2016\n1 Sept 2016–\n14 Dec 2016\nA2016-52 amendments by\nA2016-52\n15 Dec 2016\n15 Dec 2016–\n10 Oct 2017\nA2016-52 amendments by\n\nEarlier republications 5\nfor\n11 Oct 2017\n11 Oct 2017–\n31 Dec 2017\nA2017-28 amendments by\nA2017-28\n1 Jan 2018\n1 Jan 2018–\n25 Apr 2018\nA2017-28 amendments by\nA2016-55 as\nA2017-14\n26 Apr 2018\n26 Apr 2018–\nA2018-9 amendments by\nA2018-9\n17 June 2018–\n12 Mar 2019\nA2018-9 expiry of\ntransitional\nprovisions (pt 32)\n13 Mar 2019\n13 Mar 2019–\nA2018-39 amendments by\nA2018-39\n21 June 2019–\n13 Nov 2019\nA2019-17 amendments by\nA2019-17\n14 Nov 2019\n14 Nov 2019–\n31 Jan 2020\nA2019-42\n1 Feb 2020\n1 Feb 2020–\n8 Oct 2020\nA2019-12\n9 Oct 2020\n9 Oct 2020–\n25 Feb 2021\nA2019-32\n26 Feb 2021\n26 Feb 2021–\nA2021-3 amendments by\nA2021-3\n16 June 2021–\n26 Aug 2021\nA2021-13 amendments by\nA2021-13\n27 Aug 2021\n27 Aug 2021–\n5 Apr 2022\nA2021-13 amendments by\nA2020-42\n6 Apr 2022\n6 Apr 2022–\n26 Nov 2023\nA2022-4 amendments by\nA2022-4\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n31 Dec 2023\nA2023-57 amendments by\nA2023-57\n\n6 Expired transitional or validating provisions\nfor\n1 Jan 2024\n1 Jan 2024–\n5 Dec 2025\nA2023-57 amendments by\nA2023-52\n6 Dec 2025\n6 Dec 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":145}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since its original enactment: the republished text includes dedicated administrative‑review provisions (part 4A, e.g. ss22A–22T), a trust account for ACAT (pt 9A, ss115B–115D), updated jurisdictional and procedural rules (ss18–21; ss23–26) and amended appointment, appeal and enforcement frameworks (Part 8 and Part 9). The amendment history in the republished law documents these additions and procedural refinements."},"complexity_factors":["Wide subject‑matter coverage and cross‑references to many authorising laws (s9; s27)","Detailed administrative‑review and non‑disclosure regime with ministerial/AG certificates and tribunal/Supreme Court processes (ss22B–22O, 22L, 22N)","Monetary jurisdictional cap and related rules for civil disputes ($25,000 limit and calculation rules) (ss18–21, s19)","Extensive procedural discretion and delegated rule‑making enabling tailored practice and time extensions (ss23–26, s25(1)(e))","Multiple enforcement routes and interaction with courts (Part 7: ss69A, 71–76; ss72–73 correction process)","Layered appeal and referral architecture within ACAT and to the Supreme Court (Part 8: ss77–87)","Detailed appointment, tenure and conflict‑of‑interest rules for tribunal members and reporting obligations (Part 9: ss94–103; ss50–51)","Financial administration via a dedicated ACAT trust account with prescribed uses and charging back to territory entities (Part 9A: ss115B–115D)","Costs rules that generally require parties to bear their own costs but allow exceptions and awards in many circumstances (ss48–49, s48A)","Confidentiality and secrecy offences for private hearings and protected information with criminal penalties (ss39–40)"],"plain_english_summary":"This Act creates the ACT Civil and Administrative Tribunal (ACAT), gives it power to hear specified civil disputes (including many contract, debt and consumer matters up to $25,000), review administrative decisions, and decide occupational discipline. It prescribes how to apply, hearings, evidence, orders, enforcement and appeals. The Act states its aim is to keep procedures simple, quick and inexpensive (s6–7), while also setting duties, disclosure rules (ss22B–22K), costs rules (s48) and broad tribunal discretion and rule‑making powers (ss23–26)."},"kimi_summary":{"_metrics":{"completionTokens":788},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2008 form. Major additions include: Part 4A (Administrative review) with elaborate non-disclosure certificate schemes for sensitive government information; Part 9A (ACAT trust account) for funding mechanisms; Division 8.1A for removal of 'fair work matters' to Magistrates Court; and numerous subject-specific exclusions (heritage, planning, environment, motor accident injuries) that create parallel procedural tracks. The 2026 republication shows 42 prior republications indicating continuous amendment and expansion."},"complexity_factors":["Multiple overlapping jurisdictions (civil, administrative, disciplinary) with different procedural rules","Extensive cross-referencing to 'authorising laws' (other ACT legislation that gives ACAT its specific powers)","Complex non-disclosure provisions for sensitive government information (Part 4A, Divisions 4A.3-4A.4) involving multiple certifying authorities (ACT Minister, Commonwealth Attorney-General, other State/Territory Attorneys-General)","Detailed member appointment structures with three tiers (presidential, non-presidential, assessors) and different term limits, eligibility criteria, and functions","Nested exceptions and conditional time limits for applications (e.g., 28-day default with multiple exceptions in s 10)","Intricate cost provisions with general 'no costs' rule but multiple specific exceptions (ss 48-49)","Complex enforcement mechanism where ACAT orders are filed in Magistrates Court or Supreme Court depending on nature of order (Part 7)","Multiple appeal pathways with exclusions for specific subject matters (heritage, planning, environment, motor accident injuries)","Detailed conflict of interest provisions defining 'material interest' through 'indirect interest' with 7 categories of associates and relationships (s 50)","Dictionary with 30+ defined terms plus signpost definitions scattered throughout"],"plain_english_summary":"The Act creates ACAT, a single tribunal for the ACT to hear civil disputes, review government administrative decisions, and handle occupational discipline. It prioritizes accessibility with informal procedures, quicker and lower‑cost processes, flexible hearing modes, and the option of self‑representation.\n\nMost ACAT decisions can be reviewed within ACAT and ultimately by the Supreme Court, with special safeguards for sensitive matters. The tribunal is run by appointed presidential and non‑presidential members, assessors, and a registrar."}},"importantCases":[],"_links":{"self":"/api/acts/act-civil-and-administrative-tribunal-act-2008","history":"/api/acts/act-civil-and-administrative-tribunal-act-2008/history","analysis":"/api/acts/act-civil-and-administrative-tribunal-act-2008/analysis","conflicts":"/api/acts/act-civil-and-administrative-tribunal-act-2008/conflicts","importantCases":"/api/acts/act-civil-and-administrative-tribunal-act-2008/important-cases","documents":"/api/acts/act-civil-and-administrative-tribunal-act-2008/documents"}}