{"id":"sl-2009-1","name":"ACT Civil and Administrative Tribunal Regulation 2009","slug":"act-civil-and-administrative-tribunal-regulation-2009","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173239,"registerId":"act-sl-2009-1-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ACT Civil and Administrative Tribunal Regulation 2009","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACT Civil and Administrative Tribunal\nRegulation 2009\nSL2009-1\nmade under the\nACT Civil and Administrative Tribunal Act 2008\nRepublication No 6\nEffective: 1 July 2022\nRepublication date: 1 July 2022\nLast amendment made by A2022-8\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the ACT Civil and Administrative Tribunal Regulation 2009, made\nunder the ACT Civil and Administrative Tribunal Act 2008 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2022. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n1 July 2022.\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\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 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\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACT Civil and Administrative Tribunal\nRegulation 2009\nmade under the\nACT Civil and Administrative Tribunal Act 2008\nContents\nPage\n1 Name of regulation 2\n3 Notes 2\n4 Maximum amount payable under occupational discipline order—Act,\ns 66 (2) (h) 2\n5 Maximum amount payable for failure to comply with occupational\ndiscipline order—Act, s 74 (2) (a) 2\n6 Appointment of senior and ordinary members of the tribunal—Act, s 96 2\n7 Requirements for reviewable decision notices—Act, s 67A (3) 4\n8 Requirements for internal review notices—Act, s 67B (3) 5\n9 Use of trust amounts—Act, s 115C 5\n\nContents\nPage\ncontents 2 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 9\n5 Earlier republications 10\n\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACT Civil and Administrative Tribunal\nRegulation 2009\nmade under the\nACT Civil and Administrative Tribunal Act 2008\n\nSection 1\npage 2 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the ACT Civil and Administrative Tribunal\nRegulation 2009.\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Maximum amount payable under occupational discipline\norder—Act, s 66 (2) (h)\nThe following amounts are prescribed:\n(a) for an individual—$5 000;\n(b) for a corporation—$25 000.\n5 Maximum amount payable for failure to comply with\noccupational discipline order—Act, s 74 (2) (a)\nThe following amounts are prescribed:\n(a) for an individual—$4 000;\n(b) for a corporation—$20 000.\n6 Appointment of senior and ordinary members of the\ntribunal—Act, s 96\n(1) When considering whether to appoint a person to the tribunal as a\nsenior member or ordinary member, the Attorney-General must take\nreasonable steps to ensure that the tribunal has sufficient members\nwith relevant interests, qualifications or experience to allow the\ntribunal to exercise its functions.\n\nSection 6\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) As part of taking reasonable steps, the Attorney-General must\nconsider the desirability of the tribunal including—\n(a) not less than the number of members mentioned in an item in\ntable 6, column 2, each of whom the Attorney-General is\nsatisfied has the interest, qualification or experience mentioned\nin column 3 for the item; and\n(b) as many other members, each of whom is a health practitioner,\nas are required to allow the tribunal to exercise its functions.\nNote Health practitioner—see the Legislation Act, dictionary, pt 1.\nTable 6 Senior and ordinary members generally\ncolumn 1\nitem\ncolumn 2\nminimum number of\nmembers\ncolumn 3\ninterest, qualification or experience\n1 1 understands the interests of credit providers\nand financial brokers\n2 1 understands the interests of people who\nobtain customer credit from credit providers\nor through finance brokers\n3 1 qualifications or experience in consumer\naffairs\n4 1 qualifications or experience assisting or\nworking with people suffering financial\nhardship\n5 1 qualifications or experience in business\n6 1 qualifications or experience in law, other than\nqualifications in item 7 or 8\n7 3 suitably qualified legal practitioners\nnominated by the bar council under the Legal\nProfession Act 2006\n\nSection 7\npage 4 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nminimum number of\nmembers\ncolumn 3\ninterest, qualification or experience\n8 3 suitably qualified legal practitioners\nnominated by the law society council under\nthe Legal Profession Act 2006\n9 1 community members suitable to deal with the\nneeds of mentally dysfunctional people\n10 1 appropriate expertise, training or experience\nin relation to, and otherwise suitable to deal\nwith, the needs of people who, because of a\nphysical, mental, psychological or intellectual\ncondition, need assistance or protection from\nabuse, exploitation or neglect\n7 Requirements for reviewable decision notices—Act,\ns 67A (3)\nA reviewable decision notice given to a person in relation to a\ndecision under an authorising law must—\n(a) state the decision; and\n(b) if the decision puts, or amends, a condition on a licence or\nregistration—include a copy of the condition; and\n(c) state that the person may apply for a reasons statement in\nrelation to the decision under the Act, section 22B; and\n(d) state that the person may apply to the ACAT for review of the\ndecision; and\n(e) state how to make the application; and\n(f) state the other options available under ACT laws to have the\ndecision reviewed.\n\nSection 8\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Requirements for internal review notices—Act, s 67B (3)\nAn internal review notice given to a person in relation to a decision\nunder an authorising law must—\n(a) state the decision; and\n(b) if the decision puts, or amends, a condition on a licence or\nregistration—include a copy of the condition; and\n(c) state how the person may get information about the decision;\nand\n(d) state that the person may apply for reconsideration or other\ninternal review of the decision; and\n(e) state that the person may apply to the ACAT for review of the\ndecision on the reconsideration or internal review; and\n(f) state how to make the application for reconsideration or other\ninternal review; and\n(g) state the other options available under ACT laws to have a\ndecision reviewed.\n9 Use of trust amounts—Act, s 115C\n(1) The following purposes in relation to the Agents Act 2003 (the\nAgents Act) are prescribed:\n(a) promoting education and understanding of the Agents Act for\nlicensed agents, registered assistant property agents and the\npublic;\n(b) providing dispute resolution services for disputes involving\nlicensed agents or registered assistant property agents;\n(c) paying additional amounts to the compensation fund;\n(d) researching issues of concern to licensed agents and people\nusing the services of licensed agents, whether or not the issues\narise under the Agents Act;\n\nSection 9\npage 6 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) paying or reimbursing costs, incurred by the commissioner for\nfair trading on behalf of the Territory, for applications to the\nACAT in relation to a licensed agent or registered assistant\nproperty agent;\n(f) paying reasonable costs and expenses incurred by an\nadministrator under the Agents Act, section 143 (Remuneration\nof administrators);\n(g) reimbursing the Territory for the cost of administering the\nAgents Act.\n(2) The purposes mentioned in the Residential Tenancies Act 1997,\nsection 28 (Interest on amounts in trust account) are prescribed.\n(3) The following purposes in relation to the Retirement Villages\nAct 2012 are prescribed:\n(a) providing advisory and advocacy services to residents and\nprospective residents of retirement villages;\n(b) reimbursing the Territory for the cost of administering that Act.\n(4) In this section:\ncompensation fund—see the Agents Act, dictionary.\nlicensed agent—see the Agents Act, dictionary.\nregistered assistant property agent—see the Agents Act, dictionary.\nresident, of a retirement village—see the Retirement Villages\nAct 2012, dictionary.\nretirement village—see the Retirement Villages Act 2012, section 10.\n\nEndnotes\nAbout the endnotes 1\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nEndnotes\n3 Legislation history\npage 8 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nACT Civil and Administrative Tribunal Regulation 2009 SL2009-1\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\nremainder commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.1\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 3\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 3 commenced 26 April 2018 (s 2)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 3\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 3 commenced 26 February 2021 (s 2 (1))\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 sch 1 pt 1.1\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2022 (s 2 (2))\n\nEndnotes\nAmendment history 4\nR6\n01/07/22\nACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMaximum amount payable under occupational discipline order—Act,\ns 66 (2) (h)\ns 4 am A2018-9 s 16\nAppointment of senior and ordinary members of the tribunal—Act, s 96\ns 6 (6)-(8) exp 2 August 2009 (s 6 (8) (LA s 88 declaration\napplies))\nam A2018-9 ss 17-19\nRequirements for reviewable decision notices—Act, s 67A (3)\ns 7 (2)-(5) exp 2 August 2009 (s 7 (5) (LA s 88 declaration\napplies))\nRequirements for internal review notices—Act, s 67B (3)\ns 8 (2)-(5) exp 2 August 2009 (s 8 (5) (LA s 88 declaration\napplies))\nUse of trust amounts—Act, s 115C\ns 9 sub A2021-3 s 5\nam A2022-8 amdts 1.1-1.3\nUse of trust amounts for retirement villages—Act, s 115C (2) (c)\ns 10 ins A2013-7 amdt 1.1\nom A2021-3 s 5\n\nEndnotes\n5 Earlier republications\npage 10 ACT Civil and Administrative Tribunal Regulation 2009\nEffective: 01/07/22\nR6\n01/07/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n2 Feb 2009\n2 Feb 2009–\n2 Aug 2009\nnot amended new regulation\nR2\n3 Aug 2009\n3 Aug 2009–\n3 Mar 2013\nnot amended commenced expiry\nR3\n4 Mar 2013\n4 Mar 2013–\n25 Apr 2018\nA2013-7 amendments by\nA2013-7\nR4\n26 Apr 2018\n26 Apr 2018–\n25 Feb 2021\nA2018-9 amendments by\nA2018-9\nR5\n26 Feb 2021\n26 Feb 2021–\n30 June 2022\nA2021-3 amendments by\nA2021-3\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational details for ACAT member appointments, procedural notice requirements, and trust fund management. While section 9 has been expanded over time to cover retirement villages and additional trust purposes, this represents natural evolution within the original regulatory framework rather than scope creep. The core functions—setting penalties, member qualifications, and notice requirements—remain consistent with the 2009 original intent."},"complexity_factors":["Short length (9 operative sections across 10 pages)","Minimal cross-referencing (primarily references to parent Act sections for context)","Straightforward tabular structure for member qualifications (Table 6)","Simple prescriptive provisions without nested conditions or exceptions","Only 4 defined terms in section 9(4), with most definitions pointing to other Acts","No conditional logic or 'if-then' chains beyond basic application requirements"],"plain_english_summary":"This regulation details how the ACT Civil and Administrative Tribunal (ACAT) operates: who may be appointed as members, the content government agencies must include in review and internal-review notices, financial penalties for breaches of occupational discipline orders, and permitted uses of trust money under real estate and retirement village laws.\n\nIt affects people appealing government decisions, regulated professionals, property industry licensees, and ACAT/Attorney‑General — clarifying review rights, member expertise, consumer protections, and trust-fund uses."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation’s scope has changed since first made. The amendment history records multiple changes: s 4 was amended (A2018-9); s 6 and parts of ss 7–8 were amended or had expired provisions (A2018-9); s 9 was substituted by A2021-3 and further amended by A2022-8; s 10 was inserted by A2013-7 and later omitted (see 'Amendment history' and 'Legislation history' endnotes). These alterations adjusted monetary provisions, appointment rules and permitted uses of trust amounts."},"complexity_factors":["Monetary caps and different rates for individuals and corporations (ss 4–5) create distinct compliance and cost outcomes for different types of parties.","Attorney-General’s discretion to take ‘reasonable steps’ plus prescriptive minimum member composition (s 6 and Table 6) requires cross-checking qualifications, nominations and health-practitioner numbers.","Detailed notice-content requirements for reviewable and internal-review notices impose administrative obligations on decision-makers (ss 7–8).","Prescribed uses of trust amounts reference multiple external Acts (Agents Act, Residential Tenancies Act, Retirement Villages Act) and defined terms (s 9), increasing interpretive and application complexity.","Frequent cross-references to other statutes and defined terms (Legislation Act, Agents Act, Retirement Villages Act) require coordinated statutory interpretation.","Amendment and expiry history (endnotes and amendment history) means current text must be read against historical changes to understand present scope."],"plain_english_summary":"This regulation sets operational rules for the ACT Civil and Administrative Tribunal. It prescribes monetary caps for occupational-discipline orders and penalties (different amounts for individuals and corporations), requires the Attorney‑General to follow minimum composition and appointment steps for tribunal members, mandates specific content for review and internal-review notices, and lists permitted uses for specified trust-account amounts. It affects regulated professionals, licence-holders, applicants for tribunal review and the Attorney‑General by changing appointment processes, notice obligations, who pays fines, and how trust funds may be used."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009","history":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009/history","analysis":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009/analysis","conflicts":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009/conflicts","importantCases":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009/important-cases","documents":"/api/acts/act-civil-and-administrative-tribunal-regulation-2009/documents"}}