{"id":"nsw:sl-2022-0481","name":"Civil and Administrative Tribunal Regulation 2022","slug":"civil-and-administrative-tribunal-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"481 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176090,"registerId":"nsw-nsw:sl-2022-0481-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Civil and Administrative Tribunal Regulation 2022](/view/html/inforce/current/sl-2022-0481).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> conduct money, in relation to a person summoned to attend the Tribunal, means a sum of money or its equivalent, including pre-paid travel, sufficient to meet the reasonable expenses of the person attending the Tribunal as required by the summons and returning after attending.\n> \n> corporation has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 57A.\n> \n> external appeal application means an application made to the Tribunal for an external appeal under the Act, Part 3.\n> \n> fee unit, for Schedule 2—see Schedule 2, section 1.\n> \n> general consumer or commercial proceedings means proceedings allocated to the Consumer and Commercial Division of the Tribunal other than strata proceedings or residential proceedings.\n> \n> internal appeal application means an application made to the Tribunal for an internal appeal under the Act, Part 3.\n> \n> residential proceedings means proceedings allocated to the Consumer and Commercial Division of the Tribunal arising under the following Acts—\n> \n> > (a) the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074),\n> \n> > (b) the [Residential (Land Lease) Communities Act 2013](/view/html/inforce/current/act-2013-097),\n> \n> > (c) the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042),\n> \n> > (d) the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081).\n> \n> set aside application means an application under section 9 to set aside or vary a decision of the Tribunal that determines proceedings.\n> \n> strata proceedings means proceedings allocated to the Consumer and Commercial Division of the Tribunal arising under the following Acts—\n> \n> > (a) the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007),\n> \n> > (b) the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050).\n> \n> the Act means the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Resolution processes—the Act, s 90(2)(f)","content":"#### 4 Resolution processes—the Act, s 90(2)(f)\n\n4 Resolution processes—the Act, s 90(2)(f)\n\n> Schedule 1 contains provisions relating to certain resolution processes.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fees and witness allowances and expenses—the Act, ss 47, 48 and 90(2)(b)–(e)","content":"# Part 2 Fees and witness allowances and expenses—the Act, ss 47, 48 and 90(2)(b)–(e)\n\nPart 2 Fees and witness allowances and expenses—the Act, ss 47, 48 and 90(2)(b)–(e)","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Fees generally","content":"#### 5 Fees generally\n\n5 Fees generally\n\n> > (1) The fee payable by a person to the principal registrar in relation to a matter listed in Schedule 2, Part 2, Column 1 is—\n> > \n> > > (a) the fee specified in Schedule 2, Part 2, Column 2, or\n> > \n> > > (b) if the person is a corporation and a fee is specified in relation to the matter—the fee specified in Schedule 2, Part 2, Column 3.\n> \n> > (2) The fee payable by a person to the principal registrar in relation to the following matters is the fee payable for the lodgment of the relevant originating application—\n> > \n> > > (a) an application to reinstate dismissed proceedings for failure to appear,\n> > \n> > > (b) an application to renew proceedings in the Consumer and Commercial Division.\n> \n> > (3) In relation to evidence given in, or proceedings before, the Tribunal, the principal registrar may charge a person the full cost of providing the person with—\n> > \n> > > (a) all or part of a written record or transcript of the evidence or proceedings, or\n> > \n> > > (b) an audio or audio-visual recording of the evidence or proceedings.\n> \n> > (4) The principal registrar may determine and charge fees, not exceeding the fee specified in Schedule 2, Part 2, for any other service provided, including for access to documents in the Registry of the Tribunal.\n> \n> > (5) A fee is payable, in accordance with the conditions agreed by the principal registrar with the person paying the fee, before or at the time the service to which the fee relates is provided.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Circumstances where no fee or reduced fee is payable","content":"#### 6 Circumstances where no fee or reduced fee is payable\n\n6 Circumstances where no fee or reduced fee is payable\n\n> > (1) Fees are not payable for the following—\n> > \n> > > (a) the lodgment of a general application under the following Acts—\n> > > \n> > > > (i) the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042),\n> > > \n> > > > (ii) the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048),\n> > > \n> > > > (iii) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> > > \n> > > > (iv) the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a),\n> > > \n> > > > (v) the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016),\n> > \n> > > (b) the lodgment of an administrative review application under the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002),\n> > \n> > > (c) the lodgment of a general application or external appeal under the [Dormant Funds Act 1942](/view/html/inforce/current/act-1942-025),\n> > \n> > > (d) the lodgment of an administrative review application under the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080),\n> > \n> > > (e) the lodgment of a general application that involves the exercise of a function of the Tribunal allocated to the Guardianship Division of the Tribunal,\n> > \n> > > (f) the commencement of, or any other matter in connection with, proceedings that are required to be entered in the Health Practitioner List of the Occupational Division of the Tribunal.\n> \n> > (2) The fee payable by an eligible pensioner for the lodgment of the following is a concession rate of 25% of the full fee—\n> > \n> > > (a) an administrative review application,\n> > \n> > > (b) a general application,\n> > \n> > > (c) an internal appeal application,\n> > \n> > > (d) a set aside application,\n> > \n> > > (e) an external appeal application.\n> \n> > (3) The concessional fee must be rounded to the nearest dollar and an amount of 50 cents must be rounded up.\n> \n> > (4) A person who is or was a party to any proceedings is entitled to 1 free copy of—\n> > \n> > > (a) a decision made by the Tribunal in respect of the proceedings, and\n> > \n> > > (b) written reasons given by the Tribunal in relation to the decision.\n> \n> > (5) If the principal registrar considers that there are special reasons for doing so, the principal registrar may—\n> > \n> > > (a) direct that a fee be waived wholly or in part, and that a part of the fee waived that has been paid be refunded, and\n> > \n> > > (b) postpone the time for payment of the whole or a part of a fee, subject to conditions the principal registrar thinks fit.\n> \n> > (6) This section applies despite any other provision of this Part or Schedule 2.\n> \n> > (7) In this section—\n> > \n> > eligible pensioner means—\n> > \n> > > (a) a person who receives a pension, benefit or allowance under the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth, Chapter 2, or a service pension under the [Veterans’ Entitlements Act 1986](http://www.legislation.gov.au/) of the Commonwealth, Part III, and who is the holder of a pensioner concession card issued by or on behalf of the Commonwealth Government, or\n> > \n> > > (b) a person who receives a pension from the Commonwealth Department of Veterans’ Affairs as one of the following, and who does not have income and assets that would prevent the person from being granted a pensioner concession card if the person were eligible for the card—\n> > > \n> > > > (i) the surviving spouse, including widow or widower, of a member of the Australian Defence Force or Peacekeeping Forces,\n> > > \n> > > > (ii) the unmarried mother of a deceased unmarried member of the Australian Defence Force or Peacekeeping Forces,\n> > > \n> > > > (iii) the widowed mother of a deceased unmarried member of the Australian Defence Force or Peacekeeping Forces, or\n> > \n> > > (c) a person who receives a special rate of pension under the [Veterans’ Entitlements Act 1986](http://www.legislation.gov.au/) of the Commonwealth, section 24, or\n> > \n> > > (d) a person who is receiving full-time education at a school, college or university and is a recipient of a student assistance allowance from a Commonwealth Government authority in relation to the education.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Allowances and expenses of witnesses","content":"#### 7 Allowances and expenses of witnesses\n\n7 Allowances and expenses of witnesses\n\n> > (1) For the Act, section 47(1), a person summoned by the Tribunal to appear and give evidence before the Tribunal is entitled to allowances and expenses on the same scale as a witness attending and giving evidence in criminal proceedings before the District Court.\n> > \n> > Note—\n> > \n> > The scale of expenses published in Government Gazette No 57 of 2014, pp 2338 and 2339 was the applicable scale when this Regulation was made.\n> \n> > (2) However, a person summoned by the Tribunal of its own motion is not entitled to allowances and expenses under subsection (1) in the following proceedings—\n> > \n> > > (a) proceedings for the exercise of a function of the Tribunal allocated to the Guardianship Division of the Tribunal,\n> > \n> > > (b) proceedings that are required to be entered in the Health Practitioner List of the Occupational Division of the Tribunal.\n> > \n> > Note—\n> > \n> > The Act, section 47(1) also excludes a public servant, when summoned in that capacity, from an entitlement to be paid witness allowances and expenses.\n> \n> > (3) If a summons to attend and give evidence is issued on the application of a party to proceedings, the person summoned does not need to comply with the requirements of the summons unless conduct money has been paid or tendered to the person a reasonable time before the date on which attendance is required.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Costs and expenses of compliance","content":"#### 8 Costs and expenses of compliance\n\n8 Costs and expenses of compliance\n\n> > (1) The Tribunal may order a party who applied for a summons to produce or give evidence, or both, to pay the amount of any reasonable loss or expense incurred in complying with the summons.\n> \n> > (2) If an order is made under subsection (1), the Tribunal must fix the amount, or direct that it be fixed, in accordance with the Tribunal’s usual procedure in relation to costs.\n> \n> > (3) An amount fixed under subsection (2) is separate from and in addition to—\n> > \n> > > (a) conduct money paid to the person summoned, or\n> > \n> > > (b) witness allowances or expenses payable to the person summoned.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a)","content":"#### 9 Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a)\n\n9 Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a)\n\n> > (1) In addition to a power that is expressly conferred on the Tribunal by the Act or enabling legislation to set aside or vary its decisions, the Tribunal may order that a decision it has made that determines proceedings be set aside or varied if—\n> > \n> > > (a) all of the parties to the proceedings have consented to the making of the order to set aside or vary the decision, or\n> > \n> > > (b) the decision was made in the absence of a party and the Tribunal is satisfied that the party’s absence has resulted in the party’s case not being adequately put to the Tribunal.\n> > \n> > Example—\n> > \n> > The Act, sections 45(3), 53(4), 63, 64(3) and 73(3) expressly confer powers to set aside or vary decisions of the Tribunal.\n> \n> > (2) The Tribunal may make an order under this section of its own motion or on the application of a party.\n> \n> > (3) Unless the Tribunal grants an extension under the Act, section 41, an application for an order under this section must be made within 7 days after the decision concerned was made.\n> \n> > (4) Except where the parties have consented to the making of the order, the Tribunal may not make an order under this section unless the Tribunal has—\n> > \n> > > (a) given the parties an opportunity to make submissions about the proposed order, and\n> > \n> > > (b) taken any submissions into account.\n> \n> > (5) A party may not make an application for an order under this section to set aside or vary a decision of the Tribunal if—\n> > \n> > > (a) an internal appeal or appeal to a court against the decision has been lodged or determined, or\n> > \n> > > (b) an application for a judicial review of the decision has been made or determined.\n> \n> > (6) A party may not, without the leave of the Tribunal, make an application for an order under this section to set aside or vary a decision of the Tribunal if the party has previously made an application under this section to have the decision set aside or varied.\n> \n> > (7) If the Tribunal sets aside a decision under this section, it may also set aside orders that it made consequent on the decision that has been set aside.\n> > \n> > Example—\n> > \n> > An order for costs in the proceedings is a consequential order.\n> \n> > (8) Proceedings for this section are prescribed for the Act, section 50(1)(d).\n> > \n> > Note—\n> > \n> > A hearing is not required for proceedings that are prescribed for the Act, section 50(1)(d).\n> \n> > (9) This section does not limit a power of the Tribunal to set aside, revoke or vary its interlocutory decisions or other decisions that do not operate to determine proceedings.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Representation by members of Guardian Ad Litem Panel","content":"#### 10 Representation by members of Guardian Ad Litem Panel\n\n10 Representation by members of Guardian Ad Litem Panel\n\n> A person who is a member of the Guardian Ad Litem Panel is prescribed for the Act, section 45(6).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Repeal and savings","content":"#### 11 Repeal and savings\n\n11 Repeal and savings\n\n> > (1) The [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Civil and Administrative Tribunal Regulation 2013](/view/html/repealed/current/sl-2013-0718), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Resolution processes","content":"# Schedule 1 Resolution processes\n\nSchedule 1 Resolution processes\n\nsection 4","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Directions by mediator","content":"#### 12 Directions by mediator\n\n12 Directions by mediator\n\n> A mediator may, by order, give directions as to the preparation for and conduct of the mediation.","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Mediation other than under this Part","content":"#### 13 Mediation other than under this Part\n\n13 Mediation other than under this Part\n\n> This Part does not prevent—\n> \n> > (a) the parties to proceedings from agreeing to and arranging for mediation of a matter other than as provided by this Part, or\n> \n> > (b) a matter arising in proceedings from being dealt with under the provisions of the [Community Justice Centres Act 1983](/view/html/inforce/current/act-1983-127) without having been referred under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002), section 37.","sortOrder":29},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees","content":"# Schedule 2 Fees\n\nSchedule 2 Fees\n\nsection 5","sortOrder":30}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose as a procedural and administrative instrument supporting the Civil and Administrative Tribunal Act 2013. It updates the 2013 Regulation without significant expansion beyond fees, witness expenses, and procedural mechanisms like mediation and setting aside decisions."},"complexity_factors":["Fee unit calculation requires mathematical formula with CPI indexing and rounding rules (Schedule 2, section 1)","Multiple fee categories with conditional logic based on: type of proceedings (residential/strata/commercial), amount in dispute, whether corporation or individual, and whether interim orders sought","Extensive cross-referencing to other Acts (at least 15 external statutes referenced including Commonwealth legislation)","Nested exceptions in fee waivers (section 6) with multiple categories of eligible pensioners and specific exclusions","Conditional witness entitlements with exceptions for specific Tribunal divisions (section 7(2))","Mediation confidentiality provisions with multiple exceptions (Schedule 1, sections 10-11)","Set-aside application rules with time limits, consent requirements, and procedural bars (section 9)"],"plain_english_summary":"This Regulation sets out the practical rules for how the NSW Civil and Administrative Tribunal (NCAT) operates day-to-day. It covers three main areas:\n\n**1. Fees and costs**\n- It establishes a fee system based on 'fee units' (a dollar amount that gets adjusted each year for inflation using the Consumer Price Index). For 2022–2023, one fee unit equals $103.05.\n- Different types of cases attract different fees. For example, lodging a tenancy dispute costs less than a complex commercial dispute. Corporations generally pay double what individuals pay.\n- Some people don't have to pay fees at all—including pensioners (who get a 75% discount), people appealing certain government decisions, and parties to guardianship or health practitioner cases.\n- The principal registrar can waive or reduce fees in special circumstances.\n\n**2. Witness expenses**\n- People summoned to give evidence before the Tribunal are entitled to the same travel and expense allowances as witnesses in District Court criminal cases.\n- However, if the Tribunal summons someone on its own initiative (not at a party's request) in guardianship or health practitioner cases, that person doesn't get paid.\n- If a party asks for a summons, they must pay 'conduct money' (travel expenses) to the witness upfront, or the witness doesn't have to show up.\n- The Tribunal can order a party who requested a summons to pay reasonable costs incurred by the person complying with it.\n\n**3. Setting aside decisions and mediation**\n- The Tribunal can set aside (cancel) or vary (change) its own final decisions if all parties agree, or if someone missed the hearing and their case wasn't properly heard. Applications must be made within 7 days.\n- The Regulation also details how mediation works: who can be a mediator, confidentiality rules (what's said in mediation generally can't be used in court later), and how mediation costs are shared.\n\n**Who it affects:** Anyone using NCAT—tenants, landlords, consumers, businesses, people challenging government decisions, and people involved in guardianship or strata disputes.\n\n**Why it matters:** This Regulation determines how much it costs to access justice at NCAT, ensures witnesses aren't out of pocket, and provides mechanisms to fix unfair decisions or resolve disputes through mediation rather than formal hearings."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is present in the provided text to assess whether the regulation's scope changed from its original intent. The document is overwhelmingly composed of website interface elements and status metadata rather than legislative provisions. No amendments are recorded, suggesting the regulation remains as originally made."},"complexity_factors":["The document provided contains almost entirely website navigation and metadata rather than substantive legislative content, making meaningful complexity assessment impossible","What little content exists (commencement date, repeal schedule, authorisation) is straightforward administrative information","The underlying regulation itself (not visible here) could be significantly more complex, but cannot be assessed from this text","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of procedural context"],"plain_english_summary":"## Civil and Administrative Tribunal Regulation 2022 (NSW)\n\n**What is this?**\nThis is a NSW government regulation supporting the Civil and Administrative Tribunal (NCAT) — the body that handles a wide range of everyday disputes in New South Wales, including tenancy conflicts, consumer complaints, guardianship matters, and administrative review cases.\n\n**Important caveat:** The document provided contains almost no actual legislative content — it is essentially just the metadata, navigation, and status information from the NSW legislation website. The substantive rules of the regulation (fees, procedures, time limits, etc.) are not included in the text provided for analysis.\n\n**What we can tell you from what's here:**\n- This regulation came into force on **26 August 2022** and has not been amended since.\n- It is scheduled for **automatic repeal on 1 September 2027** under the *Subordinate Legislation Act 1989* — a routine 'sunset' process (where older regulations are automatically cancelled unless renewed) that keeps the law from becoming outdated.\n- It sits under the broader NCAT legislative framework and likely deals with procedural and administrative matters such as filing fees, forms, and tribunal processes.\n\n**Who does this affect?**\nAnyone who uses NCAT — tenants, landlords, consumers, businesses, people seeking guardianship orders, or anyone challenging a government decision in NSW.\n\n**Why does it matter?**\nRegulations like this set the practical rules for how you access the tribunal — things like what you pay, what forms you fill in, and how proceedings run. Without seeing the full content, the specific impact on individuals cannot be assessed."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the Civil and Administrative Tribunal Regulation 2013 and preserves acts, matters or things that immediately before repeal had effect under the former regulation (sections 2 and 11). The text therefore continues prior legal effects while restating and specifying fees, mediation procedure and related rules; it does not state that it narrows or expands the statutory categories of matters the Tribunal may deal with."},"complexity_factors":["Multiple interacting provisions on fees, concessions, corporation fees and an annual CPI‑linked fee‑unit formula (Schedule 2, Part 1 & Part 2).","Discretionary powers vested in the principal registrar (fee setting, waivers, postponements) and the President (mediator lists) requiring administrative guidance (section 5(4)–(5); Schedule 1, section 5(4)).","Procedural constraints and short time limits for set‑aside applications and bars where appeals/judicial review are pending (section 9(3)–(6)).","Detailed confidentiality, privilege and admissibility rules for mediation with several carved exceptions (Schedule 1, sections 2, 10–11).","Cross‑references to the Act and multiple external Acts that define categories of proceedings (section 3 definitions and various Schedule references).","Different treatments for types of proceedings (residential, strata, general consumer/commercial) and different fee bands within those categories (Schedule 2, Part 2)."],"plain_english_summary":"### What this regulation does, in plain terms\n\n- Creates the Tribunal's detailed rules on fees, witness allowances and expenses, certain post‑decision applications, and the use of resolution processes (mediation and related procedures). (See Part 2; Schedule 1; Schedule 2.)\n\n- Fixes how much people pay to the Tribunal for lodging applications and other services by listing fee items and tying many fees to a moving \"fee unit\" that is adjusted for inflation each year. (Schedule 2, Part 1 and Part 2.)\n\n- Prescribes when fees are not payable or may be reduced (for example, certain statutory applications, eligible pensioners pay 25% of the full fee, and the principal registrar can waive or postpone fees for special reasons). (Section 6.)\n\n- Allows the principal registrar to charge the full cost for transcripts or recordings and to set fees for other registry services up to the limits in the fee schedule. Fees are payable before or when the service is provided, in accordance with conditions the principal registrar sets. (Section 5(3)–(5).)\n\n- Sets the scale and entitlement for witness allowances and expenses for persons summoned to give evidence (on the same scale as witnesses in criminal proceedings in the District Court), limits that entitlement in certain types of proceedings, and requires conduct money to be paid or tendered before attendance where the summons was issued on a party's application. (Section 7.)\n\n- Permits the Tribunal to order a party who applied for a summons to pay reasonable loss or expense incurred by the person complying with the summons, and requires the Tribunal to fix that amount by its usual costs procedure. That amount is separate from conduct money and witness allowances. (Section 8.)\n\n- Gives the Tribunal an additional, limited power to set aside or vary a decision that determined proceedings where all parties consent or where a party was absent and the absence meant their case was not adequately put; sets a 7‑day default time limit for such applications and prevents repeat applications without leave. Applications are also barred if an appeal or judicial review has been lodged or determined. (Section 9.)\n\n- Prescribes that members of the Guardian Ad Litem Panel are authorised representatives for the Tribunal's representation power. (Section 10.)\n\n- Sets out practice and procedure for resolution processes to which parties are referred by the Tribunal (Schedule 1). The stated purpose of that Schedule is to set out the practice and procedure for resolution processes. (Schedule 1, section 1.)\n\n- For mediation specifically, the regulation: (a) allows the President to compile lists of \"listed mediators\" and to amend or revoke those lists; (b) requires mediations to be conducted by an agreed mediator or one appointed by the Tribunal (which can include listed mediators, registrars, members or other qualified persons); (c) imposes a duty on parties to participate in mediation in good faith; (d) makes the costs of mediation payable by the parties unless the Tribunal decides otherwise; and (e) gives specific rules on privilege, confidentiality, admissibility and mediator disclosure and immunity. (Schedule 1, Part 2, sections 3–13.)\n\n- Provides the CPI‑based formula and rounding and notice rules used to update the fee unit annually, and preserves a floor so the fee unit cannot decrease year to year. The Secretary must notify Parliamentary Counsel and publish the fee unit once ABS CPI figures are available. (Schedule 2, Part 1, section 1.)\n\n- Repeals the 2013 regulation and preserves existing legal effects that applied immediately before repeal. (Sections 2 and 11.)\n\n\nOfficial purpose claims and a grounded test of their mechanics\n\n- The Schedule says its purpose is to set out practice and procedure for resolution processes that the Tribunal refers to (Schedule 1, section 1). Mechanically, the regulation does that by: defining mediation, listing who may mediate, requiring good faith participation, allocating mediation costs to parties unless the Tribunal chooses otherwise, and providing rules on confidentiality, privilege and admissibility (Schedule 1, sections 3–11). The costs and confidentiality rules create concrete incentives: parties face direct expense (mediation fees and mediator costs) unless the Tribunal bears them (section 8), and statements made during mediation are generally inadmissible in later proceedings unless an exception applies (Schedule 1, sections 2 and 10–11), which changes the legal value of making disclosures during mediation.\n\n- The regulation presents an inflation‑linked fee mechanism as the way to keep fees current (Schedule 2, Part 1, section 1). Mechanically, that transfers the routine task of annual fee adjustment to an objective CPI formula with rounding and a non‑decreasing floor (section 1(1)–(4)). The Secretary must notify and publish the new fee unit (section 1(5)), but the schedule says the changes take effect automatically and do not depend on the publication (section 1(6)). That produces predictable, formulaic fee updates without the need for separate subordinate instrument making each year.\n\n\nWho pays, who decides, and the main behavioural levers (with section citations)\n\n- Who pays: applicants, parties and users pay fees listed in Schedule 2 for lodgment and registry services (section 5; Schedule 2, Part 2). Parties referred to mediation generally pay mediation costs, including mediator fees, unless the Tribunal chooses to bear them (Schedule 1, section 8(1)). Eligible pensioners pay a concessional rate of 25% for listed applications (section 6(2)). Corporations often pay higher fees—many items specify a corporation fee equal to double the standard fee (Schedule 2, Part 2, Column 3). Witnesses summoned by the Tribunal may receive allowances and expenses on the District Court criminal scale; but certain summoned witnesses (e.g. in Guardianship Division matters or Health Practitioner List matters) are not entitled to those allowances when summoned by the Tribunal of its own motion (section 7).\n\n- Who decides: the principal registrar sets conditions for payment and may determine fees for other services up to Schedule 2 limits, may charge for transcripts and recordings and may postpone or waive fees for special reasons (section 5(3)–(5); section 6(5)). The President determines and may amend lists of mediators (Schedule 1, section 5). The Tribunal (or a member) decides mediator appointments, orders to give effect to mediation agreements, and any orders fixing costs of compliance with summonses (Schedule 1, sections 6 and 9; section 8).\n\n- Behavioural levers and compliance requirements: parties referred to mediation have a duty to participate in good faith (Schedule 1, section 7). A person summoned by a party for evidence need not comply unless conduct money has been paid or tendered a reasonable time before attendance (section 7(3)), which creates a practical precondition for effective summons compliance. Applications to set aside a decision must normally be made within 7 days (section 9(3)) and are barred if an appeal or judicial review is pending or decided (section 9(5)), constraining opportunities for re‑litigation.\n\n\nCosts, incentives, trade‑offs and administrative discretion\n\n- Fees and inflation adjustment create predictable revenue and a built‑in mechanism to preserve real values (Schedule 2, Part 1). The non‑decreasing floor (section 1(4)) avoids year‑to‑year fee reductions.\n\n- Corporations are charged higher fees for many items (double the standard fee in Column 3), concentrating larger payments on corporate users (Schedule 2, Part 2). That alters relative cost of access between individual and corporate users.\n\n- The principal registrar has discretion to set fees for other services up to limits and to waive or postpone fees for special reasons (section 5(4) and section 6(5)). This introduces administrative flexibility but also creates discretionary points where decisions affect who bears costs.\n\n- Mediation confidentiality and inadmissibility rules (Schedule 1, sections 2 and 10–11) reduce legal risk from admissions made in mediation, but they also create narrow exceptions (for consent, and certain disclosures linked to statutory exceptions) where statements may be admissible. The protection extends to mediators by conferring member‑equivalent immunity (Schedule 1, section 2(1)), which affects the liability exposure of mediators.\n\n- Procedural limits on setting aside decisions (tight time limit, exclusion where appeals or reviews are pending, prohibition on repeat applications without leave) channel post‑decision relief into short, defined windows (section 9). The Tribunal can act on its own motion or on application and must provide procedural fairness (opportunity to make submissions) except where parties consent (section 9(2), (4)).\n\n\nImplementation and compliance risks to note (source‑grounded)\n\n- Several provisions vest significant administrative discretion in the principal registrar (fee setting for other services, waivers and postponements) and in the President (compiling, amending and revoking mediator lists) (section 5(4)–(5); section 6(4)). That discretion requires internal procedures to be applied consistently to manage predictability and fairness.\n\n- The fee unit automatic adjustment relies on ABS CPI publication and on the Secretary to notify Parliamentary Counsel and publish amounts; although adjustment is automatic, delays in notification could create information gaps for users (Schedule 2, Part 1, section 1(1), (5)–(6)).\n\n- The rule that a person summoned on a party's application need not attend unless conduct money is paid or tendered a reasonable time beforehand introduces a practical compliance requirement for parties using summonses (section 7(3)).\n\n\nLimited statements about scope change\n\n- The regulation repeals and replaces the 2013 regulation and preserves prior effects (sections 2 and 11). The instrument therefore continues existing regulatory effects immediately before repeal while updating fee, procedural and mediation provisions as set out above."}},"importantCases":[],"_links":{"self":"/api/acts/civil-and-administrative-tribunal-regulation-2022","history":"/api/acts/civil-and-administrative-tribunal-regulation-2022/history","analysis":"/api/acts/civil-and-administrative-tribunal-regulation-2022/analysis","conflicts":"/api/acts/civil-and-administrative-tribunal-regulation-2022/conflicts","importantCases":"/api/acts/civil-and-administrative-tribunal-regulation-2022/important-cases","documents":"/api/acts/civil-and-administrative-tribunal-regulation-2022/documents"}}