{"id":"F2026L00105","name":"Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2026","slug":"federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443134,"registerId":"F2026L00105-fast-fetch-1775958043324","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\nFederal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2026\n\nI, Michelle Rowland, Attorney‑General, make the following instrument.\n\nDated 11 February 2026\n\nMichelle Rowland\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Conferral of jurisdiction\n\n6 Commonwealth tenancy disputes involving land in external Territory or Jervis Bay Territory and Commonwealth officer or employee\n\nPart 3—Provisions for particular forms of Commonwealth tenancy disputes\n\nDivision 1—Commonwealth tenancy disputes involving land in New South Wales\n\n7 Operation of this Division\n\n8 Rights of the parties\n\n9 Law to be applied and modifications\n\n10 Powers of the Court\n\n11 Powers when executing orders made by the Court\n\nDivision 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\nSubdivision A—Disputes involving tenancy arrangements other than certain leases\n\n12 Operation of this Subdivision\n\n13 Rights of the parties\n\n14 Law to be applied and modifications\n\n15 Powers of the Court\n\n16 Powers when executing orders made by the Court\n\nSubdivision B—Disputes involving leases granted under the Leases Ordinance 1992\n\n17 Operation of this Subdivision\n\n18 Rights of the parties\n\n19 Law to be applied and modifications\n\n20 Powers of the Court\n\n21 Powers when executing orders made by the Court\n\nSchedule 1—Repeal of the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015\n\nFederal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 13 February 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Federal Circuit and Family Court of Australia Act 2021.\n\nACT Residential Tenancies Act means the Residential Tenancies Act 1997 (ACT), as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915.\n\nJervis Bay Territory tenancies law means the ACT Residential Tenancies Act and any instruments made under that Act as they apply in the Jervis Bay Territory.\n\nNSW tenancies law means the Residential Tenancies Act 2010 (NSW) and any instruments made under that Act as in force from time to time.\n\nrelevant Registrar means any of the following:\n\n (a) the Chief Executive Officer;\n\n (b) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n\nPart 2—Conferral of jurisdiction\n\n \n\n6  Commonwealth tenancy disputes involving land in external Territory or Jervis Bay Territory and Commonwealth officer or employee\n\n  For the purposes of subsection 133(2) of the Act, the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in an external Territory or in the Jervis Bay Territory between the parties to a lease, licence or other arrangement in which:\n\n (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n\n (i) the lessor (other than as a sublessor); or\n\n (ii) the licensor (other than as a sublicensor); or\n\n (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n\n (b) a Commonwealth officer or employee (other than a member of the Australian Defence Force) is:\n\n (i) the lessee (other than as a sublessee); or\n\n (ii) the licensee (other than as a sublicensee); or\n\n (iii) the grantee of the right or permission.\n\nPart 3—Provisions for particular forms of Commonwealth tenancy disputes\n\nDivision 1—Commonwealth tenancy disputes involving land in New South Wales\n\n7  Operation of this Division\n\n (1) For the purposes of subsection 133(3) of the Act, this Division makes provision in respect of a Commonwealth tenancy dispute if:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and\n\n (b) the dispute involves land in New South Wales; and\n\n (c) the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n\n (2) Nothing in this Division has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.\n\n8  Rights of the parties\n\n  A party to the Commonwealth tenancy dispute who is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW) must not make an application to the Civil and Administrative Tribunal under that Act in relation to the lease, licence or other arrangement that is the subject of the dispute.\n\n9  Law to be applied and modifications\n\n (1) In determining the Commonwealth tenancy dispute, the NSW tenancies law is to be applied with the modifications set out in this section.\n\n (2) The NSW tenancies law is to be applied as if:\n\n (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar; and\n\n (c) a reference to the Sheriff or to a sheriff’s officer were a reference to the Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n (3) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following provision:\n\n  “Despite anything else in this Act, if the Federal Circuit and Family Court of Australia (Division 2) makes a termination order in respect of residential premises, the Court may make such orders as it considers appropriate in relation to the day that vacant possession of the premises is to be given to the landlord.”.\n\n10  Powers of the Court\n\n  In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the NSW tenancies law that are relevant to determining the dispute.\n\n11  Powers when executing orders made by the Court\n\n (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the NSW tenancies law; and\n\n (b) a relevant Registrar may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the NSW tenancies law; and\n\n (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW);\n\nto the extent that those powers are relevant to the execution of the order.\n\n (2) In exercising a power of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW) to execute a warrant for possession of residential premises, the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2) may obtain the assistance of a member or special member of the Australian Federal Police.\n\n (3) To avoid doubt, nothing in this section limits any other power of:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2); or\n\n (b) a relevant Registrar; or\n\n (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\nDivision 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\nSubdivision A—Disputes involving tenancy arrangements other than certain leases\n\n12  Operation of this Subdivision\n\n (1) For the purposes of subsection 133(3) of the Act, this Subdivision makes provision in respect of a Commonwealth tenancy dispute if:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and\n\n (b) the dispute involves land in the Jervis Bay Territory; and\n\n (c) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n\n (d) the dispute does not involve a lease granted under subsection 5(1) of the Leases Ordinance 1992.\n\n (2) Nothing in this Subdivision has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.\n\n13  Rights of the parties\n\n  A party to the Commonwealth tenancy dispute who is a tenant within the meaning of the ACT Residential Tenancies Act must not make an application to the ACT Civil and Administrative Tribunal under that Act in relation to the lease, licence or other arrangement that is the subject of the dispute.\n\n14  Law to be applied and modifications\n\n (1) In determining the Commonwealth tenancy dispute, the Jervis Bay Territory tenancies law is to be applied with the modifications set out in this section.\n\n (2) The Jervis Bay Territory tenancies law is to be applied as if:\n\n (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) a reference to the registrar were a reference to a relevant Registrar; and\n\n (c) the reference to the Territory in paragraph 83(1)(c) of the ACT Residential Tenancies Act were omitted; and\n\n (d) sections 76, 77, 78 and 86 of the ACT Residential Tenancies Act were omitted.\n\n15  Powers of the Court\n\n  In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law (as modified by paragraphs 14(2)(c) and (d)) that are relevant to determining the dispute.\n\n16  Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 14(2)(c) and (d); and\n\n (b) a relevant Registrar may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 14(2)(c) and (d);\n\nto the extent that those powers are relevant to the execution of the order.\n\nSubdivision B—Disputes involving leases granted under the Leases Ordinance 1992\n\n17  Operation of this Subdivision\n\n (1) For the purposes of subsection 133(3) of the Act, this Subdivision makes provision in respect of a Commonwealth tenancy dispute if:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and\n\n (b) the dispute involves a lease granted under subsection 5(1) of the Leases Ordinance 1992; and\n\n (c) the lease would be a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act.\n\n (2) Nothing in this Subdivision has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.\n\n18  Rights of the parties\n\n  A party to the Commonwealth tenancy dispute who is a tenant within the meaning of the ACT Residential Tenancies Act must not make an application to the ACT Civil and Administrative Tribunal under that Act in relation to the lease that is the subject of the dispute.\n\n19  Law to be applied and modifications\n\n (1) In determining the Commonwealth tenancy dispute, Jervis Bay Territory tenancies law is to be applied with the modifications set out in this section, as if the lease were a residential tenancy agreement.\n\n (2) The Jervis Bay Territory tenancies law is to be applied as if:\n\n (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) a reference to the registrar were a reference to a relevant Registrar; and\n\n (c) a reference to standard residential tenancy terms or to Schedule 1 to the ACT Residential Tenancies Act were a reference to terms and conditions of the lease; and\n\n (d) the reference to the Territory in paragraph 83(1)(c) of the ACT Residential Tenancies Act were omitted; and\n\n (e) the following provisions of the ACT Residential Tenancies Act were omitted:\n\n (i) Part 2;\n\n (ii) paragraph 43(1)(b);\n\n (iii) subparagraph 48(1)(a)(iv);\n\n (iv) paragraph 54(1)(b);\n\n (v) sections 76, 77 and 78;\n\n (vi) paragraphs 82(a) and 83(1)(e);\n\n (vii) section 86.\n\n20  Powers of the Court\n\n  In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law (as modified by paragraphs 19(2)(d) and (e)) that are relevant to determining the dispute.\n\n21  Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:\n\n (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 19(2)(d) and (e); and\n\n (b) a relevant Registrar may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 19(2)(d) and (e);\n\nto the extent that those powers are relevant to the execution of the order.\n\nSchedule 1—Repeal of the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015\n\n \n\nFederal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It continues to address the specific constitutional and jurisdictional problem of tenancy disputes involving Commonwealth land and employees, with the same territorial limitations (NSW and Jervis Bay Territory). The 2026 instrument is a straightforward repeal and replacement of the 2015 instrument, updating references and modifying applied laws, but not expanding into new substantive areas."},"complexity_factors":["Extensive cross-referencing to external legislation (NSW Residential Tenancies Act 2010, ACT Residential Tenancies Act 1997, Jervis Bay Territory Acceptance Act 1915, Leases Ordinance 1992, Sheriff Act 2005 (NSW))","Multiple nested conditional structures: different rules apply depending on (a) which territory the land is in, (b) whether it's a lease under the Leases Ordinance 1992 or not, and (c) specific party relationships (Commonwealth as lessor/licensor vs officer/employee as lessee/licensee)","Complex modification provisions requiring 'as if' substitutions of references (e.g., treating Federal Court as if it were NSW Civil and Administrative Tribunal)","Selective omission of specific sections from applied laws (e.g., sections 76, 77, 78, 86 of ACT Residential Tenancies Act omitted in Subdivision A; additional omissions in Subdivision B including Part 2 and specific paragraphs)","Constitutional safeguards limiting non-judicial power (sections 7(2), 12(2), 17(2)) requiring powers to be incidental to judicial power","Dual commencement mechanisms (registration-based commencement table plus general commencement rules)"],"plain_english_summary":"This instrument channels tenancy disputes where the Commonwealth is landlord and a Commonwealth employee (not ADF) is the tenant in NSW or Jervis Bay to the Federal Circuit and Family Court (Division 2), applies state/territory tenancy laws with necessary modifications, and bars state tribunals. It affects public servants in government housing, the federal courts (and AFP-assisted evictions), and updates a 2015 framework."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015 (Schedule 1) and re‑confers jurisdiction under section 133 of the Federal Circuit and Family Court of Australia Act 2021. It defines the covered disputes as those where the Commonwealth (or its agent) is lessor/licensor and the tenant is a Commonwealth officer or employee in external Territories or the Jervis Bay Territory, prescribes application of NSW or ACT tenancy laws with targeted substitutions and omissions, and prevents concurrent applications to the relevant state/territory tenancy tribunals (see ss6, 7, 12, 17, 8, 13, 18, and the modification provisions in ss9, 14 and 19)."},"complexity_factors":["Cross‑jurisdictional application: applies NSW and ACT tenancy statutes to Commonwealth disputes with statutory modifications (see ss9, 14, 19).","Numerous textual modifications and omissions: several provisions and parts of the ACT Residential Tenancies Act are expressly omitted or altered (see ss14(2)(d), 14(2)(c), 19(2)(e) and 19(2)(c)).","Multiple conditional gateways for coverage: different tests and subdivisions for NSW, Jervis Bay Territory non‑lease arrangements, and Leases Ordinance 1992 leases (see ss7, 12, 17).","Procedural bar on tribunal access: tenants defined under the relevant tenancy Acts are expressly prohibited from applying to state/territory tribunals regarding the same dispute (see ss8, 13, 18).","Enforcement and execution modalities: substitution of Court sheriffs for local sheriffs and permission to obtain AFP assistance for executing warrants (see ss9(2)(c), 11(2)).","Delegation and role clarity: multiple references to a 'relevant Registrar' substituting for various tribunal registrars, creating reliance on court officers rather than tribunal officers (see definitions and ss9(2)(b), 14(2)(b), 19(2)(b)).","Interaction with Federal Act authority: conferral under s133 of the Federal Circuit and Family Court of Australia Act 2021 requires mapping of judicial/non‑judicial powers and the incidental non‑judicial power caveat (see ss3, 7(2), 12(2), 17(2)).","Repeal of prior instrument: the 2015 instrument is expressly repealed, requiring comparison with prior arrangements to assess net scope change (Schedule 1)."],"plain_english_summary":"This instrument gives the Federal Circuit and Family Court of Australia (Division 2) the power to hear tenancy disputes about Commonwealth land in external territories or the Jervis Bay Territory where the Commonwealth is the lessor/licensor and the tenant is a Commonwealth officer or employee. It directs the Court to apply the relevant NSW or ACT tenancy laws with specified modifications, replaces local tribunals and registrars with the Court and its registrars, and prevents affected tenants from going to the state/territory tenancy tribunals. The Court and its sheriffs may use enforcement powers (including AFP assistance where authorised)."}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026","history":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026/history","analysis":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026/analysis","conflicts":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026/conflicts","importantCases":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026/important-cases","documents":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2026/documents"}}