{"id":"northern-territory-civil-and-administrative-tribunal-act-2014","name":"Northern Territory Civil and Administrative Tribunal Act 2014","slug":"northern-territory-civil-and-administrative-tribunal-act-2014","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30435,"registerId":"nt-northern-territory-civil-and-administrative-tribunal-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"160","sectionType":"section","heading":"Applications for internal review not made before","content":"160 Applications for internal review not made before\ncommencement ............................................................................. 65\n","sortOrder":0},{"sectionNumber":"161","sectionType":"section","heading":"Applications for internal review not determined before","content":"161 Applications for internal review not determined before\ncommencement ............................................................................. 66\n\n____________________\nAs in force at 1 August 2025\n____________________\nNORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL\nACT 2014\nAn Act to establish the Northern Territory Civil and Administrative\nTribunal, and for related purposes\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nadditional ordinary member means an additional ordinary\nmember appointed under section 16A.\ncompulsory conference means a conference conducted under\nPart 4, Division 4, Subdivision 1.\ncosts order means an order requiring a party to a proceeding to\npay for:\n(a) all or part of the costs of another party; or\n(b) all or part of the costs of a person who is required to appear\nbefore the Tribunal or to produce material; or\n(c) the compensation of another party for any reasonable\nexpenses or loss resulting from any proceedings or matter.\ndecision maker is a person who makes a reviewable decision.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 2\nDeputy President means a Deputy President appointed under\nsection 15.\ninternal review jurisdiction means the jurisdiction of the Tribunal\nmentioned in section 51A.\nmember means a member of the Tribunal mentioned in section 12.\nmonetary order means an order of the Tribunal that requires the\npayment of money, and includes a costs order.\nordinary member means an ordinary member appointed under\nsection 16.\noriginal jurisdiction means the jurisdiction of the Tribunal\nmentioned in section 32.\nPresident means the President appointed under section 13.\npresiding member, for a proceeding, means:\n(a) if the Tribunal is constituted by a single member for the\nproceeding – that member; or\n(b) in any other case – the member who is nominated under\nsection 26 to preside at the proceeding.\nRegistrar means the Registrar appointed under section 143.\nrelevant Act means an Act or subordinate legislation that confers\njurisdiction on the Tribunal.\nreviewable decision means a decision made by a decision maker\nthat may be reviewed by the Tribunal.\nreview jurisdiction means the jurisdiction of the Tribunal\nmentioned in section 33.\nrules means the rules of the Tribunal made by the rules committee\nunder section 138.\nTribunal means the Northern Territory Civil and Administrative\nTribunal established by section 7.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 3\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Relationship with other Acts","content":"5 Relationship with other Acts\n(1) If there is an inconsistency between this Act and a relevant Act, the\nrelevant Act prevails to the extent of the inconsistency.\n(2) A relevant Act may modify the operation of this Act in relation to an\nexercise of jurisdiction conferred by that Act.\n(3) This section does not apply to section 45.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Criminal Code","content":"6 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Northern Territory Civil and Administrative","content":"Part 2 Northern Territory Civil and Administrative\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Tribunal established","content":"7 Tribunal established\nThe Northern Territory Civil and Administrative Tribunal is\nestablished.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Jurisdiction","content":"8 Jurisdiction\nThe Tribunal has the jurisdiction mentioned in Part 3.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Tribunal to operate throughout Territory","content":"9 Tribunal to operate throughout Territory\n(1) The Tribunal must facilitate access to its services throughout the\nTerritory.\n(2) The Tribunal may sit at any place in the Territory.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 4\n(3) The Tribunal must maintain registries at the places determined by\nthe Minister after consultation with the President.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Objectives of Tribunal","content":"10 Objectives of Tribunal\nThe Tribunal must:\n(a) promote the best principles of public administration; and\n(b) be accessible to the public by being easy to find and easy to\naccess; and\n(c) be responsive to parties, especially to people with special\nneeds; and\n(d) ensure that proceedings are processed and resolved as\nquickly as possible while achieving a just outcome, including\nby resolving disputes through high-quality processes and the\nuse of mediation and alternative dispute resolution procedures\nwhen appropriate; and\n(e) keep costs to parties involved in a proceeding to a minimum\ninsofar as is just and appropriate; and\n(f) use straightforward language and procedures; and\n(g) act with as little formality and technicality as possible; and\n(h) be flexible in the way in which it conducts its business and\nadjust its procedures to best fit the circumstances of a\nparticular proceeding or a particular jurisdiction.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Independence of Tribunal","content":"11 Independence of Tribunal\n(1) The Tribunal is not subject to the direction or control of the Minister\nin exercising its jurisdiction.\n(2) A member is not subject to the direction or control of the Minister in\nthe exercise of the member's powers or the performance of the\nmember's functions.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Membership","content":"12 Membership\nThe Tribunal consists of:\n(a) the President; and\n(b) the Deputy Presidents; and\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 5\n(c) the ordinary members; and\n(d) any additional ordinary members.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"President","content":"13 President\n(1) The Administrator may, by Gazette notice, appoint one of the\nfollowing to be the President of the Tribunal:\n(a) a Local Court Judge;\n(b) a person who is eligible for appointment as a Local Court\nJudge.\n(2) A person must not be appointed unless:\n(b) if the person is a Local Court Judge – the Minister has\nconsulted with the Chief Judge about the person's\nappointment.\n(3) The appointment of a Local Court Judge as the President does not\naffect the Judge's tenure of office or status as a Local Court Judge.\n(4) The President is entitled to the same salary and allowances as the\nDeputy Chief Judge of the Local Court.\n(5) If the President is a Local Court Judge, service as President is\ntaken to constitute service as a Local Court Judge.\n(6) If the President is a Local Court Judge, the Chief Judge cannot\nexercise the Chief Judge's powers under section 22 of the Local\nCourt Act 2015 in a way that would interfere with the member's\nability to exercise powers or perform functions under this Act.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Functions of President","content":"14 Functions of President\nThe President has the following administrative functions:\n(b) to manage the business of the Tribunal, including by ensuring\nthat the Tribunal operates efficiently and effectively and\ncontinually improves the way in which it carries out its\nfunctions;\n(c) to provide leadership and guidance to, and engender\ncohesiveness and collaboration amongst, the members and\nstaff of the Tribunal;\n(d) to manage the members of the Tribunal, including by\ndeveloping codes of conduct for members;\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 6\n(da) to issue practice directions for the Tribunal;\n(e) to develop and implement performance standards and\nbenchmarks for the Tribunal and the members and staff of the\nTribunal;\n(f) to promote the training, education and professional\ndevelopment of members;\n(g) to oversee the proper use of the resources of the Tribunal;\n(h) any other functions conferred on the President by this or any\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Deputy President","content":"15 Deputy President\n(1) There must be at least one Deputy President of the Tribunal.\n(2) The Administrator may, by Gazette notice, appoint one of the\nfollowing to be a Deputy President:\n(a) a Local Court Judge;\n(b) a person who is eligible for appointment as a Local Court\nJudge.\n(3) A person must not be appointed unless:\n(b) if the person is a Local Court Judge – the Minister has\nconsulted with the Chief Judge about the person's\nappointment; and\n(c) the Minister has taken into account any recommendation\nmade by the President.\n(4) The appointment of a Local Court Judge as a Deputy President\ndoes not affect:\n(a) the Judge's tenure of office or status as a Local Court Judge;\nor\n(b) the payment of the Judge's entitlements and allowances as a\nLocal Court Judge.\n(5) If a Deputy President is a Local Court Judge, service as the Deputy\nPresident is taken to constitute service as a Local Court Judge.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 7\n(6) If a Deputy President is a Local Court Judge, the Chief Judge\ncannot exercise the Chief Judge's powers under section 22 of the\nLocal Court Act 2015 in a way that would interfere with the\nmember's ability to exercise powers or perform functions under this\nAct.\n(7) A Deputy President has the following administrative functions:\n(a) to assist the President in the day-to-day operations of the\nTribunal;\n(b) any other functions conferred on a Deputy President by this or\nany other Act.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Ordinary members","content":"16 Ordinary members\n(1) The Administrator may, by Gazette notice, appoint a person to be\nan ordinary member of the Tribunal.\n(2) A person must not be appointed to be an ordinary member unless:\n(a) the person is a lawyer with at least 5 years' experience as a\nlegal practitioner; or\n(b) the person holds suitable qualifications, or has suitable\nknowledge or experience, relating to the jurisdiction of the\n(3) A person must not be appointed unless:\n(b) the Administrator has taken into account any recommendation\nmade by the President.\n","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":"Additional ordinary members","content":"16A Additional ordinary members\n(1) At the request of the President, the Minister may, by Gazette notice,\nappoint a person to be an additional ordinary member of the\n(2) A person must not be appointed to be an additional ordinary\nmember unless:\n(a) the person is eligible for appointment as an ordinary member\nin accordance with the requirements specified in section 16(2);\nand\n(b) the person has agreed to the appointment.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 8\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Duration of appointment","content":"17 Duration of appointment\n(1) A member, other than an additional ordinary member, holds office\nfor 5 years or any shorter period specified in the appointment and is\neligible for reappointment.\n(2) An additional ordinary member holds office for 2 years or any\nshorter period specified in the appointment and is eligible for\nreappointment.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Vacation of office","content":"18 Vacation of office\nA person ceases to be a member if:\n(a) the person resigns by giving written notice to the Minister; or\n(b) the person's term of office expires and the person is not\nreappointed; or\n(c) the person's appointment is terminated under section 19.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Termination of appointment of member","content":"19 Termination of appointment of member\n(1) The Administrator may, in writing, terminate the appointment of a\nmember on the address of the Legislative Assembly seeking the\nremoval of the member on the grounds of incapacity or\nmisbehaviour.\n(2) However, the appointment of a member must not be terminated\nunder subsection (1) unless:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57 of the Judicial Commission\nAct 2020; and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify termination of the member's appointment\non the grounds of incapacity or misbehaviour.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Validity of acts","content":"20 Validity of acts\nThe Tribunal's exercise of its jurisdiction is not affected only by\nreason of a vacancy in the membership of the Tribunal or a defect\nin the appointment of a person as a member.\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Delegation","content":"21 Delegation\n(1) Subject to subsection (2), the President may delegate any of the\nPresident's powers or functions under this Act or any other Act to a\nmember or the Registrar.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 9\n(2) The President cannot delegate the President's powers or functions\nunder section 15(3)(c), 28(2) or (3), 58, 99A(1) or (6), 102(4),\n135(1), 136(1) or (2), 139(1) or 151(1).\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Constitution of Tribunal for proceeding","content":"22 Constitution of Tribunal for proceeding\n(1) When a proceeding is commenced, the President must nominate\nnot more than 3 members to constitute the Tribunal for the\n(1A) Despite subsection (1), the President may nominate more than\n3 members to constitute the Tribunal if:\n(a) the proceeding is in relation to a matter within the Tribunal's\nreview jurisdiction; and\n(b) the reviewable decision was made by a body comprised of\n3 or more persons; and\n(c) the President is satisfied that it is appropriate to do so in the\nparticular circumstances of the proceeding.\n(1B) To avoid doubt, the number of members nominated by the\nPresident to constitute the Tribunal under subsection (1A) is not\nrequired to be the same as the number of persons who comprised\nthe body that made the reviewable decision.\n(2) Of the persons nominated under subsection (1) or (1A), a person\ncannot be nominated to constitute, or be one of the persons\nconstituting, the Tribunal in relation to a matter in the review\njurisdiction of the Tribunal if the member was:\n(a) the decision maker in relation to that matter; or\n(b) a member of a body that was the decision maker in relation to\nthat matter.\n(2A) A person cannot be nominated under subsection (1) to constitute,\nor be one of the persons constituting, the Tribunal for a proceeding\nin the internal review jurisdiction of the Tribunal if the person was\nthe member, or was one of the members, who constituted the\nTribunal for the original proceeding to which the internal review\nrelates.\n(3) Subject to subsection (3A), the President may provide for the\nRegistrar to constitute the Tribunal for a proceeding in respect of a\nmatter or class of matters, as specified by the rules.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 10\n(3A) The Registrar may not constitute the Tribunal for a proceeding in\nrespect of a matter in the internal review jurisdiction of the Tribunal.\n(4) If the Tribunal is constituted by the Registrar for a proceeding, the\nRegistrar may refer the matter to the Tribunal differently constituted\nfor determination by the Tribunal on the Registrar's own initiative or\non the President's direction.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Tribunal may hear different proceedings at same time","content":"23 Tribunal may hear different proceedings at same time\nThe President may nominate more than one series of members\nunder section 22 at any one time and the members nominated may\nconstitute the Tribunal in respect of different proceedings at the\nsame time.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Alteration of members constituting Tribunal","content":"24 Alteration of members constituting Tribunal\n(1) The President may alter the member or members who constitute\nthe Tribunal for a proceeding.\n(2) An alteration does not affect the continuity of a proceeding.\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Different aspects of same matter may be dealt with by different","content":"25 Different aspects of same matter may be dealt with by different\nmembers\n(1) The President may provide that different aspects of the same\nmatter may be dealt with by the Tribunal constituted by different\nmembers.\n(2) The Tribunal may have regard to any evidence taken by the\nTribunal differently constituted.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Nomination of presiding member for proceeding","content":"26 Nomination of presiding member for proceeding\nIf the Tribunal is constituted for a proceeding by 2 or more\nmembers, the President must nominate one of those members to\npreside at the proceeding.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Decision if 2 or more members constitute Tribunal","content":"27 Decision if 2 or more members constitute Tribunal\n(1) This section applies if the Tribunal is constituted by 2 or more\nmembers.\n(2) If the Tribunal is constituted by 2 members, the decision of the\nTribunal is:\n(a) the unanimous decision of both members; or\n(b) if they cannot agree – the decision of the presiding member.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 11\n(3) If the Tribunal is constituted by more than 2 members, the decision\nof the Tribunal is:\n(a) the decision of a majority of members; or\n(b) if the members are equally divided – the decision of the\npresiding member.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Questions of law referred to President","content":"28 Questions of law referred to President\n(1) The presiding member for a proceeding may refer a question of law\narising in the proceeding to the President for determination.\n(2) If a question of law is referred to the President under\nsubsection (1), the President may:\n(a) decide the question of law; or\n(b) further refer the question of law to the Supreme Court for\ndetermination under section 29(1A).\n(3) If the President decides the question of law, the President may:\n(a) decide any other questions or matters that remain to be\ndetermined by the Tribunal in the proceeding; and\n(b) make any orders that may be necessary to dispose of the\n(4) A decision or order made by the President under subsection (2)(a)\nor (3) is taken to be the decision or order of the Tribunal for the\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Questions of law referred to Supreme Court","content":"29 Questions of law referred to Supreme Court\n(1) If the President is a member constituting the Tribunal for a\nproceeding, the President may refer a question of law arising in the\nproceeding to the Supreme Court for determination.\n(1A) If the President refers a question of law to the Supreme Court under\nsubsection (1) or section 28(2)(b), the Court may:\n(a) decide the question; and\n(b) make any consequential orders it considers appropriate.\n(2) The decision and any consequential orders are taken to be a\ndecision or order of the Tribunal.\n(3) The Supreme Court may stay the proceeding before the Tribunal\nuntil the determination of the question of law.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 12\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Sources of jurisdiction","content":"30 Sources of jurisdiction\nThe Tribunal has the jurisdiction conferred on it by this or any other\nAct.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Kinds of jurisdiction","content":"31 Kinds of jurisdiction\nThe Tribunal has the following kinds of jurisdiction in relation to\nmatters:\n(a) original jurisdiction;\n(b) review jurisdiction;\n(c) internal review jurisdiction.\n","sortOrder":34},{"sectionNumber":"Div 2","sectionType":"division","heading":"Original jurisdiction","content":"Division 2 Original jurisdiction\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Original jurisdiction","content":"32 Original jurisdiction\n(1) If the matter that a relevant Act gives the Tribunal jurisdiction to\ndeal with does not involve review of a decision, the matter comes\nwithin the Tribunal's original jurisdiction.\n(2) The Tribunal must exercise its original jurisdiction in accordance\nwith this Act and the relevant Act.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Review jurisdiction","content":"33 Review jurisdiction\n(1) If the matter that a relevant Act gives the Tribunal jurisdiction to\ndeal with involves a review of a decision, the matter comes within\nthe Tribunal's review jurisdiction.\n(2) The Tribunal must exercise its review jurisdiction in accordance\nwith this Act and the relevant Act.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 13\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Notice of decision and right to have it reviewed to be given by","content":"34 Notice of decision and right to have it reviewed to be given by\ndecision maker\n(1) This section applies if a decision maker makes a reviewable\ndecision under a relevant Act.\n(2) On making a reviewable decision, the decision maker must give\neach person who has a right under the relevant Act to have the\ndecision reviewed by the Tribunal written notice of:\n(a) the decision; and\n(b) the fact that the person has a right to have the decision\nreviewed by the Tribunal; and\n(c) the fact that the person has a right to request a statement of\nreasons for the decision.\n(3) Subsection (2) does not apply in relation to a decision that is\nprescribed by the Regulations.\n(4) If a person to whom notice is required to be given is not readily\nidentifiable or cannot be readily located, the decision maker\ncomplies with subsection (2) if the decision maker takes reasonable\nsteps to give the notice.\n(5) A decision maker's failure to comply with this section does not\naffect the validity of the decision.\n(6) If this Act and the relevant Act require the decision maker to give\nnotice of a decision, the decision maker is only required to give the\nnotice once.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Statement of reasons for decision","content":"35 Statement of reasons for decision\n(1) A person who has a right under a relevant Act to have a decision\nreviewed by the Tribunal may request the decision maker give the\nperson a written statement of reasons for the decision.\n(2) Subsection (1) does not apply if:\n(a) the decision maker has already given the person a written\nstatement containing the details mentioned in subsection (5);\nor\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 14\n(b) the relevant Act contains provisions under which the person is\nentitled to a written statement containing the details mentioned\nin subsection (5) and the decision maker has already given a\nstatement in accordance with the relevant Act.\n(3) A request under subsection (1):\n(a) must be in writing; and\n(b) must be made:\n(i) if the person making the request was given a notice\nunder section 34(2) – within 28 days after notice of the\ndecision was given; or\n(ii) otherwise – within 28 days after the decision.\n(4) The decision maker must comply with a request as soon as\npracticable, and in any case, within 28 days after receiving the\nrequest.\n(5) Subject to section 37, the decision maker's written statement must\ncontain the following:\n(a) the reasons for the decision;\n(b) any findings on material questions of fact that led to the\ndecision, referring to the evidence or other material on which\nthose findings were based.\n(6) If this Act and the relevant Act require the decision maker to give a\nstatement of reasons, the decision maker is only required to give\nthe statement once.\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Tribunal may order decision maker to provide reasons","content":"36 Tribunal may order decision maker to provide reasons\n(1) If a decision maker fails to comply with a request under\nsection 35(1), the person who made the request may apply to the\nTribunal for an order that the decision maker give the statement to\nthe person.\n(2) The person must give notice of the application to the decision\nmaker within the time specified by the rules.\n(3) If the Tribunal is satisfied that the person is entitled to be given the\nstatement, the Tribunal may order that the decision maker give the\nstatement to the person within the time specified in the order.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 15\n(4) The Tribunal may order a decision maker to give the statement\neven if a request is not lodged within the time period specified in\nsection 35(3) if the Tribunal considers there were reasonable\ngrounds for the applicant not making the request in time.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Exceptions to what must be provided","content":"37 Exceptions to what must be provided\n(1) A written statement must not include any protected matter.\n(2) If the omission of protected matter would make the statement false\nor misleading then, instead of providing the statement, the decision\nmaker must inform the person who requested the statement that it\nis not being provided because it would be false or misleading for\nthat reason.\n(3) In this section:\nprotected matter means any information or document in relation to\nwhich there is in force a certificate under section 38.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Non-disclosure of document or information if disclosure","content":"38 Non-disclosure of document or information if disclosure\ncontrary to public interest\n(1) The Minister may certify in writing that the disclosure of specified\ninformation or of a specified document would be contrary to the\npublic interest.\n(2) The Minister may do so only on one or more of the following\ngrounds:\n(a) the disclosure would reveal deliberations or decisions of:\n(i) Cabinet; or\n(ii) Executive Council;\n(b) the disclosure would reveal something that parliamentary\nprivilege protects from disclosure;\n(c) the disclosure would endanger the national or international\nsecurity of the Territory or Australia;\n(d) the disclosure would damage inter-governmental relations;\n(e) any other reason that could form the basis for a claim by the\nTerritory or the Minister in a proceeding in the Supreme Court\nthat the information or matter should not be disclosed.\n(3) The certificate remains in force until revoked by the Minister or the\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 16\n(4) If the Tribunal revokes a certificate, the Minister cannot issue\nanother certificate for the same information or document.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Tribunal may revoke certificate","content":"39 Tribunal may revoke certificate\n(1) The Tribunal may revoke a certificate under section 38 if it\nconsiders the disclosure of the information or document would not\nbe contrary to the public interest.\n(2) For this section, the Tribunal is to be constituted by the President.\n(3) A person in possession of the information or document to which a\ncertificate applies must produce it to the Tribunal on request.\n(4) A question of whether or not the disclosure of information or a\ndocument would be contrary to the public interest is a question of\nlaw.\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Minister may appeal Tribunal's order","content":"40 Minister may appeal Tribunal's order\nIf the Minister appeals under section 141 against a decision of the\nTribunal to revoke a certificate under section 39, the decision of the\nTribunal is stayed until:\n(a) the application for leave to appeal is dismissed; or\n(b) if leave is granted – pending the determination of the appeal.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Decision maker to give statement of reasons and evidentiary","content":"41 Decision maker to give statement of reasons and evidentiary\nmaterial to Tribunal\n(1) If a proceeding in the Tribunal's review jurisdiction is commenced,\nthe decision maker must give to the Tribunal:\n(a) a written statement of the decision maker's reasons for the\ndecision; and\n(b) any documents and evidentiary material in the possession, or\nunder the control, of the decision maker that may be relevant\nto the Tribunal's review of the decision.\n(2) The decision maker's statement of reasons under subsection (1)(a)\nmust include any findings on material questions of fact that led to\nthe decision, referring to the evidence or other material on which\nthose findings were based.\n(3) If the Tribunal considers that the statement of reasons given by the\ndecision maker does not satisfy the requirements specified in\nsubsection (2), the Tribunal may, by written notice, request the\ndecision maker to give to the Tribunal an additional statement\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 17\ncontaining the further particulars specified by the Tribunal in the\nnotice.\n(4) The decision maker must comply with a notice given under\nsubsection (3) within the period specified in the notice.\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"No decision made by decision maker","content":"42 No decision made by decision maker\n(a) a person (decision maker) is required under a relevant Act to\nmake a decision; and\n(b) the decision, if made, would be a reviewable decision; and\n(c) the decision maker has not made a decision by the expiry of:\n(i) if the relevant Act specifies a period within which the\ndecision must be made – that period; or\n(ii) otherwise – 60 days after the date on which the\nobligation to make the decision arose.\nExample for subsection (1)(c)(ii)\nIf a person must lodge an application for a decision and there is no specified\nperiod within which the decision must be made, the decision maker has not made\na decision 60 days after the date the application was lodged.\n(2) The decision maker is taken to have made the decision (the first\ndecision):\n(a) at the expiry of the period mentioned in subsection (1)(c); and\n(b) in a way that is adverse to all persons who would have had a\nright to seek a review of the decision had it in fact been made.\n(3) If a person applies for a review of the first decision and, before the\nreview is determined, the decision maker in fact makes a decision\n(the second decision):\n(a) subsection (2) ceases to apply; and\n(b) the Tribunal may:\n(i) if the second decision is adverse to the applicant and the\napplicant wishes to continue the review – continue to\ndeal with and determine the review as a review of the\nsecond decision; or\n(ii) otherwise dismiss the proceedings.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 18\n","sortOrder":46},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Effect of commencement of review proceedings","content":"Subdivision 3 Effect of commencement of review proceedings\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Decision maker's powers restricted after proceeding","content":"43 Decision maker's powers restricted after proceeding\ncommenced\n(1) After the commencement of a proceeding in the Tribunal's review\njurisdiction about a decision, the decision maker must not:\n(a) vary the decision; or\n(b) set aside the decision and substitute a different decision.\n(2) However, the decision maker may do so if:\n(a) the relevant Act permits; or\n(b) the parties to the proceeding consent to the variation or setting\naside and substitution; or\n(c) the decision maker is invited to reconsider the decision under\nsection 49.\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Effect of review proceeding on decision","content":"44 Effect of review proceeding on decision\n(1) The commencement of a proceeding in the Tribunal's review\njurisdiction does not affect the operation of the original decision\nunless an order is made under subsection (2).\n(2) The Tribunal or decision maker may make an order staying the\noperation of the decision:\n(a) until the Tribunal makes its decision on the proceeding; or\n(b) until another time specified in the order.\n(3) The Tribunal or decision maker may do so:\n(a) at any time after the commencement of the proceeding; and\n(b) on application or on its own initiative.\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Rehearing","content":"45 Rehearing\nThe Tribunal must review a reviewable decision by way of\nrehearing.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 19\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Proceeding for review of reviewable decision","content":"46 Proceeding for review of reviewable decision\n(1) The objective of the Tribunal exercising its review jurisdiction is to\nproduce the correct or preferable decision.\n(2) A proceeding in the Tribunal's review jurisdiction will include:\n(a) an examination of the evidence or the material before the\ndecision maker; and\n(b) a consideration of any further evidence or material that the\nTribunal decides, in the circumstances of the particular case,\nto admit for a rehearing.\n(3) The reasons for decision provided by the decision maker, or any\ngrounds for review set out in the application, do not limit the\nTribunal in conducting a proceeding in the Tribunal's review\njurisdiction.\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Decision maker to assist Tribunal","content":"47 Decision maker to assist Tribunal\nThe decision maker must, at the request of the Tribunal, assist the\nTribunal so that it can make its decision.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Application of statements of government policy","content":"48 Application of statements of government policy\n(1) The Minister responsible for the administration of the relevant Act\nunder which the reviewable decision was made may certify in\nwriting that there was, at the time the decision was made, a\nstatement of policy that was:\n(a) publicly available; and\n(b) applicable in relation to decisions of that kind.\n(2) If a statement of policy is certified under subsection (1), the\ndecision maker for the reviewable decision must give the certified\nstatement to the Tribunal.\n(3) Subject to subsection (4), the Tribunal must have regard to the\ncertified statement of policy in conducting its review of the\nreviewable decision.\n(4) The Tribunal is only required to have regard to the certified\nstatement of policy to the extent that it is not inconsistent with the\nrelevant Act.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 20\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Tribunal may invite decision maker to reconsider decision","content":"49 Tribunal may invite decision maker to reconsider decision\n(1) The Tribunal may, at any time during a proceeding, invite the\ndecision maker to reconsider the decision by a time specified.\n(2) The decision maker must reconsider the decision and do one of the\nfollowing:\n(a) confirm the decision;\n(b) vary the decision;\n(c) set aside the decision and substitute a different decision.\n(3) The Tribunal may make any orders it considers appropriate after\nthe decision maker has reconsidered the decision.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Determination after proceeding","content":"50 Determination after proceeding\n(1) After reviewing a decision, the Tribunal must, after a proceeding in\nits review jurisdiction:\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and:\n(i) substitute its own decision; or\n(ii) send the matter back to the decision maker for\nreconsideration in accordance with any\nrecommendations the Tribunal considers appropriate; or\n(d) make a different decision if permitted by the relevant Act.\n(2) The Tribunal may make any consequential orders the Tribunal\nconsiders appropriate.\n(3) The fact that a decision is made on reconsideration under\nsubsection (1)(c)(ii) (the reconsidered decision) does not prevent\nthe reconsidered decision from being a reviewable decision.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Effect of determination","content":"51 Effect of determination\n(1) If the Tribunal confirms the decision, no further review of the\ndecision can be sought by the same person or any other person.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 21\n(2) If the Tribunal varies or substitutes the decision, the decision:\n(a) is taken to be the decision of the decision maker; and\n(b) unless the Tribunal orders otherwise – has effect from the time\nwhen the original decision would have had effect.\n(3) Despite subsection (2)(a), the varied or substituted decision is not a\nreviewable decision.\n","sortOrder":56},{"sectionNumber":"Div 4","sectionType":"division","heading":"Internal review jurisdiction","content":"Division 4 Internal review jurisdiction\n","sortOrder":57},{"sectionNumber":"51A","sectionType":"section","heading":"Internal review jurisdiction","content":"51A Internal review jurisdiction\nThe Tribunal has jurisdiction to conduct an internal review in\naccordance with Part 5, Division 1 of a decision made in the\nexercise of its original jurisdiction.\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Tribunal may determine own procedures","content":"52 Tribunal may determine own procedures\nSubject to this Act or a relevant Act, the Tribunal may determine its\nown procedures.\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Principles for conducting proceedings","content":"53 Principles for conducting proceedings\n(1) In conducting a proceeding, the Tribunal must act fairly and\naccording to the substantial merits of the matter that is the subject\nof the proceeding.\n(2) The Tribunal:\n(a) must comply with the rules of natural justice; and\n(b) may inform itself in any way it considers appropriate and is not\nbound by the rules of evidence; and\n(c) must act with as little formality and technicality, and with as\nmuch speed as the requirements of this Act, a relevant Act\nand a proper consideration of the matter permit; and\n(d) must ensure, so far as is practicable, that all relevant material\nis disclosed to the Tribunal to enable it to decide the\nproceeding with all relevant facts.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 22\n(3) The Tribunal may accept any document into evidence despite any\nnon-compliance with a time limit or other requirement under this Act\nor the relevant Act relating to the document or the service of the\ndocument.\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Tribunal to ensure parties are informed","content":"54 Tribunal to ensure parties are informed\nThe Tribunal must take the following measures:\n(a) take reasonable steps to ensure that the parties to a\nproceeding have a reasonable opportunity to understand the\nnature of the matter under consideration;\n(b) take reasonable steps to ensure that the parties to a\nproceeding understand the nature of any assertions made in\nthe proceedings and the legal implications of those assertions;\n(c) explain to the parties, if requested to do so, any aspect of the\nprocedure of the Tribunal, or any decision or direction made\nby the Tribunal.\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Tribunal to fully inform itself for proceeding","content":"55 Tribunal to fully inform itself for proceeding\nThe Tribunal must take all reasonable steps to ensure:\n(a) that the parties have had the opportunity in a proceeding to be\nheard or otherwise have their submissions received; and\n(b) that all relevant material is disclosed to the Tribunal so as to\nenable it to decide all the relevant facts in issue in a\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"How matter to be presented","content":"56 How matter to be presented\nThe Tribunal may:\n(a) require evidence or argument to be presented in writing and\ndecide on the matters on which it will hear oral evidence or\nargument; and\n(b) limit the time available for presenting the respective cases of\nparties before it during a proceeding to an extent that it\nconsiders would not impede the fair and adequate\npresentation of the cases.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 23\n","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Power to adjourn proceedings","content":"57 Power to adjourn proceedings\nThe Tribunal may adjourn a proceeding at any time and to any\nplace (including for the purpose of enabling the parties to negotiate\na settlement or the reconsideration of a decision by the decision\nmaker).\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"President may establish divisions","content":"58 President may establish divisions\n(1) The President may establish various divisions for matters that\nreflect the areas of jurisdiction of the Tribunal.\n(2) The President may assign members to one or more divisions and\nmay vary the assignment at any time.\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Sittings","content":"59 Sittings\nThe Tribunal may sit at the times and in the places in the Territory\ndetermined by the President, including at different places at the\nsame time.\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Proceedings to be heard in public","content":"60 Proceedings to be heard in public\nThe hearing of a proceeding is to be open to the public unless the\nTribunal orders otherwise under section 62.\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Interpreters","content":"61 Interpreters\nUnless the Tribunal directs otherwise, a party or a party's\nrepresentative may be assisted in a proceeding by an interpreter or\nanother person necessary to make the proceeding intelligible to that\nparty or representative.\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Tribunal may make orders for proceedings for private hearing,","content":"62 Tribunal may make orders for proceedings for private hearing,\nnon-publication\n(1) The Tribunal may make orders for a proceeding in the following\nterms:\n(a) a hearing, or part of a hearing, be held in private;\n(b) prohibit or restrict the publication of the name and address of:\n(i) a party to the proceeding; or\n(ii) a witness appearing before the Tribunal in the\n(c) prohibit or restrict the publication of:\n(i) evidence given before the Tribunal in the proceeding; or\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 24\n(ii) an order or decision made by the Tribunal in the\n(d) prohibit or restrict the disclosure of some or all of the evidence\ngiven before the Tribunal to the parties to the proceeding;\n(e) exclude any person from the proceeding or any part of the\n(2) The Tribunal must not do so unless the Tribunal considers that the\norder is necessary:\n(a) in the interest of justice; or\n(b) by reason of the confidential nature of the evidence to be\ngiven before the Tribunal; or\n(c) in order to expedite proceedings of the Tribunal; or\n(d) for any other reason.\nNote for section 62\nNon-compliance with an order of the Tribunal may constitute contempt under\nsection 86.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Preserving subject matter of proceedings","content":"63 Preserving subject matter of proceedings\n(1) The Tribunal may make any order that may be necessary to\npreserve the subject matter of a proceeding, or to protect the\ninterests of a party, until questions arising in a proceeding have\nbeen determined.\n(2) The Tribunal may make the order on the application of a party or on\nits own initiative.\n(3) The order may be made whether or not a person whose interests\nmay be affected:\n(a) is a party; or\n(b) has been given an opportunity to be heard.\n(4) The order may be made:\n(a) for a specified period; or\n(b) until a specified event or stage in a proceeding.\n(5) Before making the order, the Tribunal may require an undertaking\nfrom a party as to costs or compensation as it considers\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 25\n(6) The Tribunal may assess any costs or compensation mentioned in\nsubsection (5) and the Tribunal may order a party to pay the\namount assessed.\n(7) The Tribunal's power under this section is in addition to, and does\nnot limit, any power of the Tribunal under a relevant Act to make an\norder for an injunction or interim injunction.\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Tribunal may grant alternative orders or relief","content":"64 Tribunal may grant alternative orders or relief\nDespite the fact that a specific order is sought by an applicant in a\nproceeding, the Tribunal may make any other order it considers\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Interlocutory orders","content":"65 Interlocutory orders\nThe Tribunal may make interlocutory orders.\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Security as to costs","content":"66 Security as to costs\n(1) The Tribunal may order a party to a proceeding give security for the\npayment of costs or to give an undertaking as to the payment of\nother monetary amounts that may be awarded against the party.\n(2) The Tribunal may vary the order at any time.\n(3) If a person fails to comply with the order the Tribunal may make any\norders it considers appropriate, including:\n(a) to dismiss the proceeding; or\n(b) costs orders.\n(4) The Tribunal's power under this section is in addition to, and does\nnot limit, any power of the Tribunal under a relevant Act in relation\nto the giving of security or an undertaking or the imposition of costs.\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Conditional and ancillary orders","content":"67 Conditional and ancillary orders\nThe Tribunal's power to make a decision in a proceeding (the\nprimary power) includes a power:\n(a) to impose conditions on the decision; and\n(b) to make an ancillary order or direction the Tribunal considers\nappropriate for achieving the purpose for which the Tribunal\nmay exercise the primary power.\nExamples of ancillary orders\nAn order adjourning the proceeding or an order or direction that a person give an\nundertaking to the Tribunal.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 26\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Relief from time limits","content":"68 Relief from time limits\n(1) If this Act or the relevant Act imposes a time limit for doing\nsomething in relation to a proceeding, the Tribunal may extend or\nshorten the time limit, if permitted to do so by the rules.\n(2) The Tribunal may do so even if the time for complying has expired.\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Electronic hearings and proceedings on documents","content":"69 Electronic hearings and proceedings on documents\n(1) The Tribunal may allow the parties or their representatives or any\nwitnesses to participate in a proceeding by means of telephone,\nvideo link, or any other system or method of communication.\n(2) The Tribunal may conduct all or part of a proceeding on the basis of\ndocuments without the parties or their representatives or any\nwitnesses attending or participating in a proceeding.\n(3) The Tribunal must take steps to ensure that the public has access\nto matters disclosed in the proceedings to the same extent as if the\nproceedings had been heard before the Tribunal with the\nattendance in person of all persons involved in the proceedings.\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Completion of part-heard proceedings","content":"70 Completion of part-heard proceedings\n(a) a person ceases to be a member other than by having the\nperson's appointment terminated or death; and\n(b) the person constitutes, or is one of the persons constituting,\nthe Tribunal for proceedings that are part-heard.\n(2) The person may continue to act as a member in order to enable the\nTribunal to complete the proceedings and, for that purpose, is taken\nto continue to hold office as a member until the completion of the\nproceedings.\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"Privilege against self-incrimination","content":"71 Privilege against self-incrimination\nSection 128 (except subsections (9) and (10)) of the Evidence\n(National Uniform Legislation) Act 2011 applies to a witness for a\nproceeding as if the Tribunal were a Territory court.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 27\n","sortOrder":78},{"sectionNumber":"72","sectionType":"section","heading":"Other claims of privilege","content":"72 Other claims of privilege\n(1) Subject to section 71, a person is excused from answering a\nquestion or producing a document or other material in a proceeding\nif the person could not be compelled to answer the question or\nproduce the document or material in proceedings in the Supreme\nCourt.\n(2) The Tribunal may require a person to produce a document or other\nmaterial to the Tribunal for the purpose of determining whether or\nnot it is a document or material that the Tribunal has power to\ncompel the person to produce.\n","sortOrder":79},{"sectionNumber":"73","sectionType":"section","heading":"Appointment of assessors","content":"73 Appointment of assessors\n(1) The President may, in writing, appoint a person to be an assessor\nfor a proceeding.\n(2) The President may appoint a person to be an assessor only if the\nPresident is satisfied the person holds suitable qualifications, or has\nsuitable knowledge or experience for the proceeding.\n(3) The President may determine the terms and conditions of\nappointment (including the remuneration) of an assessor.\n","sortOrder":80},{"sectionNumber":"74","sectionType":"section","heading":"Functions of assessors","content":"74 Functions of assessors\n(1) The Tribunal may ask an assessor to:\n(a) give expert evidence in a proceeding; or\n(b) give advice about the matter that is the subject of a\nproceeding; or\n(c) decide a question of fact arising in a proceeding.\n(2) In asking an assessor to give advice under subsection (1)(b), the\nTribunal may ask the assessor to conduct an inquiry or\ninvestigation into a specified matter and give a written report of the\nassessor's findings to the Tribunal.\n(3) If an assessor gives the Tribunal a written report under\nsubsection (1)(b) or (2), the Tribunal must:\n(a) give a copy of the report:\n(i) to each party to the proceeding; and\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 28\n(ii) to any other person to whom a copy of the report is\nrequired to be given under a relevant Act or the rules;\nand\n(b) give each party to the proceeding an opportunity to make\nwritten submissions about the report; and\n(c) after considering any submissions made under paragraph (b),\neither:\n(i) adopt the assessor's decision or findings, in whole or in\npart; or\n(ii) reject the decision or findings.\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"Costs for assessor","content":"75 Costs for assessor\n(1) The Tribunal may make an order requiring a party to a proceeding\nto pay or contribute to the Tribunal's costs of obtaining an\nassessor's assistance.\n(2) The Tribunal may only make an order under subsection (1) if:\n(a) before obtaining the assistance of the assessor the Tribunal\nadvised the party of:\n(i) the Tribunal's intention of obtaining the assistance; and\n(ii) the estimated costs of obtaining the assistance; and\n(iii) the estimated amount of the party's payment or\ncontribution; and\n(b) the Tribunal gave the party an opportunity to be heard on the\nmatter of obtaining the assistance.\n","sortOrder":82},{"sectionNumber":"76","sectionType":"section","heading":"Disclosure of interests for assessors","content":"76 Disclosure of interests for assessors\n(1) This section applies to an assessor who assists the Tribunal under\nsection 74 and who has or acquires an interest that may conflict\nwith the performance of the person's functions as an assessor in\nrelation to a proceeding.\n(2) The assessor must disclose the nature of the assessor's interest to\nthe President.\n(3) The assessor must not perform any function as an assessor in\nrelation to the proceeding except with the consent of all parties to\nthe proceeding.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 29\n","sortOrder":83},{"sectionNumber":"77","sectionType":"section","heading":"Disclosure of interests for members","content":"77 Disclosure of interests for members\n(1) This section applies to a member who constitutes, or is one of the\npersons constituting, the Tribunal for a proceeding and who has or\nacquires an interest that may conflict with the performance of the\nperson's functions as a member in relation to the proceeding.\n(2) The member must disclose the nature of the member's interest to\nthe President, or if the member is the President, the Chief Justice of\nthe Supreme Court.\n(3) The member must not constitute, or be one of the persons\nconstituting, the Tribunal for a proceeding except with the consent\nof all parties to the proceeding.\n","sortOrder":84},{"sectionNumber":"78","sectionType":"section","heading":"Power to disregard requirements","content":"78 Power to disregard requirements\n(1) If a failure by a person to comply with a requirement of an Act is\nmaterial to a proceeding, the Tribunal may disregard the\nnon-compliance if satisfied that it would result in an expeditious\nresolution of the proceeding.\n(2) An order under this section is not relevant for any purpose other\nthan resolving the proceeding before the Tribunal.\n","sortOrder":85},{"sectionNumber":"79","sectionType":"section","heading":"Power to correct mistakes","content":"79 Power to correct mistakes\n(1) The Tribunal may correct a decision it makes or a statement of the\nreasons it has given for a decision to rectify:\n(a) a clerical mistake; or\n(b) an error arising from an accidental slip or omission; or\n(c) a material miscalculation of figures or a material mistake in the\ndescription of any person, thing or matter referred to in the\ndecision; or\n(d) a defect of form.\n(2) The correction may be made:\n(a) on a party's application; or\n(b) on the Tribunal's own initiative.\n","sortOrder":86},{"sectionNumber":"80","sectionType":"section","heading":"Tribunal may reopen proceeding","content":"80 Tribunal may reopen proceeding\n(1) This section applies in relation to a proceeding that has been\ndetermined by the Tribunal.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 30\n(2) A party to the proceeding, or another person whose interests are\naffected by the decision made by the Tribunal in the proceeding,\nmay apply to the Tribunal for the decision to be set aside and the\nproceeding reopened if the party or person:\n(a) did not appear and was not represented at a relevant hearing\nfor the decision; and\n(b) had a reasonable excuse for not appearing or being\nrepresented at the relevant hearing.\n(3) A party to the proceeding may apply to the Tribunal for the decision\nmade by the Tribunal in the proceeding to be set aside and the\nproceeding reopened if the party:\n(a) consented to the making of the decision; and\n(b) considers that there are grounds for the decision to be set\naside by the Tribunal, including that the party's consent to the\ndecision was obtained by reason of fraud, duress, the\nsuppression of evidence or the giving of false evidence.\n(4) An application under subsection (2) or (3) must be made within the\ntime specified by, and otherwise in accordance with, the rules.\n(5) The rules may limit the number of applications that can be made by\nthe same party or other person under subsection (2) or (3) in\nrespect of the same proceeding without obtaining the leave of the\n(6) For the determination of an application under subsection (2), the\nTribunal is to be constituted by the same members that constituted\nthe Tribunal when it made the decision in the proceeding, if\npracticable.\n(7) On an application under subsection (2), if the Tribunal is satisfied\nthat the party or other person had a reasonable excuse for not\nappearing or being represented at the relevant hearing, the Tribunal\nmay set aside the decision and reopen the proceeding.\n(8) On an application under subsection (3), if the Tribunal is satisfied\nthat there are grounds on which the Tribunal's decision ought to be\nset aside, the Tribunal may set aside the decision and reopen the\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 31\n(9) If a proceeding is reopened by the Tribunal under subsection (7)\nor (8), the Tribunal:\n(a) may make any orders or give any directions for the conduct of\nthe proceeding that the Tribunal considers appropriate in the\ncircumstances; and\n(b) must decide any issues or questions arising in the proceeding\nthat are required to be decided by the Tribunal again.\n(10) The determination of an application under subsection (2) or (3) is\npart of the original proceeding to which the application relates and\nnot a new proceeding.\n(11) In this section:\nrelevant hearing, in relation to a decision made by the Tribunal in\na proceeding, means a hearing at which the decision was made or\nwhich preceded the making of the decision, but does not include a\ncompulsory conference or mediation.\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Tribunal may authorise person to take evidence","content":"81 Tribunal may authorise person to take evidence\n(1) The Tribunal may authorise a person (whether or not a member) to\ntake evidence on behalf of the Tribunal for a proceeding.\n(2) The Tribunal may authorise evidence to be taken under this section\noutside the Territory.\n(3) The Tribunal may give directions as to the taking of evidence under\nthis section.\n(4) For the purpose of taking evidence under this section, the\nauthorised person is taken to constitute the Tribunal.\n(5) Any evidence taken outside the Territory under this section is taken\nto have been given in the Territory.\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Process and service","content":"82 Process and service\n(1) If it is not practicable for a party to serve a document in relation to a\nproceeding in accordance with this Act or a relevant Act, the\nTribunal may:\n(a) order that service may be effected in another way; and\n(b) make any other order necessary for service.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 32\n(2) Any document served in accordance with an order under\nsubsection (1) is taken to have been served in accordance with the\nrequirement mentioned in subsection (1).\n","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Proof of decisions and orders of Tribunal","content":"83 Proof of decisions and orders of Tribunal\nA document that is certified by the Registrar to be a copy of a\ndecision or order of the Tribunal must be accepted in any legal\nproceedings as a true copy of the decision or order of the Tribunal,\nin the absence of proof to the contrary.\n","sortOrder":90},{"sectionNumber":"84","sectionType":"section","heading":"Enforcement of monetary orders of Tribunal","content":"84 Enforcement of monetary orders of Tribunal\n(1) This section applies if the Tribunal makes a monetary order.\n(2) A person to whom payment is to be made under the monetary order\nmay enforce the order by filing in a court of competent jurisdiction:\n(a) a copy of the monetary order certified by the Registrar to be a\ntrue copy; and\n(b) the person's affidavit about the amount not paid under the\norder.\n(3) No fee is payable for filing a copy of the order or affidavit under this\nsection.\n(4) An order filed under subsection (2) is taken to be an order of the\ncourt in which it is filed and may be enforced accordingly.\nNote for section 84\nIf a relevant Act allows for the imposition of fines, the enforcement provisions for\nthose fines will apply.\n","sortOrder":91},{"sectionNumber":"84A","sectionType":"section","heading":"Enforcement of other orders of Tribunal","content":"84A Enforcement of other orders of Tribunal\n(1) This section applies if the Tribunal makes an order that is not a\nmonetary order.\n(2) A person who was a party to the proceeding in which the order was\nmade may enforce the order by filing in the Local Court:\n(a) a copy of the order certified by the Registrar to be a true copy;\nand\n(b) the person's affidavit about the non-compliance with the order.\n(3) No fee is payable for filing a copy of the order or affidavit under this\nsection.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 33\n(4) An order filed under subsection (2) is taken to be an order of the\nLocal Court and may be enforced accordingly.\n(5) Section 23(2) of the Local Court (Civil Procedure) Act 1989 does\nnot apply to an order mentioned in subsection (4).\n","sortOrder":92},{"sectionNumber":"84B","sectionType":"section","heading":"Noncompliance with order","content":"84B Noncompliance with order\n(1) A person commits an offence if the person:\n(a) is the subject of an order of the Tribunal (other than a\nmonetary order); and\n(b) fails to comply with the order.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":93},{"sectionNumber":"85","sectionType":"section","heading":"Access to records for proceedings","content":"85 Access to records for proceedings\n(1) A party to a proceeding may, on request:\n(a) inspect the Tribunal's records for the proceeding; or\n(b) obtain a copy of material contained in the Tribunal's records\nfor the proceeding.\n(2) A person who is not a party to a proceeding may apply for\npermission to:\n(a) inspect the Tribunal's records for the proceeding; or\n(b) obtain a copy of material contained in the Tribunal's records\nfor the proceeding.\n(3) An application under subsection (2):\n(a) may be made for permission to be granted to a person or a\nclass of persons specified in the application; and\n(b) is to be determined by the President or the Registrar.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 34\n(4) Without limiting subsection (3)(a), a class of persons specified in an\napplication may be persons from time to time representing an\nAgency who require access to the Tribunal's records for a\nproceeding for the purpose of carrying out the functions of the\nAgency.\n(5) If an application is made under subsection (2), the President or the\nRegistrar may grant permission to the person, or the class of\npersons, to inspect or obtain a copy of material contained in the\nTribunal's records.\n(6) The President or the Registrar may grant permission under\nsubsection (5) subject to any conditions the President or the\nRegistrar considers appropriate, including conditions limiting the\npublication or use of any materials copied from the Tribunal's\nrecords.\n(7) An entitlement or permission to access the Tribunal's records for a\nproceeding under this section is subject to:\n(a) any order of the Tribunal under section 62; and\n(b) any other direction or order to the contrary that is made or\ngiven by the Tribunal under another provision of this or any\n(8) The Tribunal may charge a fee prescribed by regulation for the\ninspection or copying of material contained in the Tribunal's records\nunder this section.\n(9) A decision of the President or the Registrar under this section is an\nadministrative decision that is final and not subject to any form of\nreview.\n(10) In this section:\nrecords, of the Tribunal for a proceeding, means the following\nmaterials:\n(a) any document filed with, or issued by, the Tribunal in the\n(b) a transcript of evidence taken by the Tribunal in the\n(c) any evidentiary material;\n(d) any decision or order made by the Tribunal in the proceeding;\n(e) any other material specified in the rules.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 35\n","sortOrder":94},{"sectionNumber":"86","sectionType":"section","heading":"Contempt","content":"86 Contempt\n(a) the person engages in conduct; and\n(b) the conduct constitutes contempt of the Tribunal (as defined in\nsection 87).\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":95},{"sectionNumber":"87","sectionType":"section","heading":"Conduct constituting contempt of the Tribunal","content":"87 Conduct constituting contempt of the Tribunal\n(1) A person's conduct constitutes contempt of the Tribunal if the\nperson:\n(a) appears before the Tribunal as a witness; and\n(b) does not do any of the following when required by the Tribunal\nto do so:\n(i) take an oath;\n(ii) answer a question;\n(iii) produce a document or other thing.\n(2) A person's conduct constitutes contempt of the Tribunal if:\n(a) the Tribunal has made an order requiring the person to do or\nnot do something; and\n(b) the order:\n(i) was made orally to the person during proceedings; or\n(ii) has been served on the person; and\n(c) the person does not comply with the order.\n(3) However, subsection (2) does not apply if another law of the\nTerritory provides a penalty for non-compliance with, or enforcing,\nthe order.\n(4) A person's conduct constitutes contempt of the Tribunal if the\nperson fails to comply with an undertaking the person has given to\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 36\n(5) A person's conduct constitutes contempt of the Tribunal if the\nperson:\n(a) insults, threatens, intimidates or obstructs a member of the\nTribunal in relation to his or her performance of functions or\nexercise of powers under this Act; or\n(b) interrupts, obstructs or hinders a proceeding of the Tribunal; or\n(c) creates, or takes part in creating, a disturbance at or near the\nplace where the Tribunal is sitting; or\n(d) engages in any other conduct that, under a law of the\nTerritory, would constitute contempt in the face of the court if\nthe Tribunal were a court of record.\n","sortOrder":96},{"sectionNumber":"88","sectionType":"section","heading":"Person engaging in contempt","content":"88 Person engaging in contempt\nIf a person is engaging in conduct that the Tribunal considers\nconstitutes contempt, the Tribunal may order the person to leave\nthe place where the Tribunal is sitting and may continue the\nproceeding in the person's absence.\n","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Power to require person to give evidence or produce","content":"89 Power to require person to give evidence or produce\nevidentiary material\n(1) The Tribunal may, on the application of a party to a proceeding or\non its own initiative, issue a summons to a person (the recipient)\nrequiring the recipient to appear before the Tribunal at a specified\ntime and place to give evidence or produce evidentiary material.\n(2) A summons to produce evidentiary material may, instead of\nrequiring production of the material before the Tribunal, provide for\nthe production of the material to:\n(a) the Registrar; or\n(b) another person specified in the summons.\n(3) A party to the proceeding or the recipient may apply to the Tribunal\nfor an order to set aside or vary the summons.\n(4) On an application under subsection (3), the Tribunal may set aside\nor vary the summons.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 37\n(5) The Tribunal may make an order requiring the payment to the\nrecipient of an amount in respect of the recipient's reasonable costs\nof complying with the summons by:\n(a) if the summons was issued on the application of a party to the\nproceeding – the party; or\n(b) otherwise – the parties to the proceeding in the proportions\ndetermined by the Tribunal.\n(6) The Tribunal may make an order under subsection (5) on the\napplication of the recipient or on its own initiative.\n","sortOrder":98},{"sectionNumber":"90","sectionType":"section","heading":"Person fails to comply with summons","content":"90 Person fails to comply with summons\n(a) the person has been served with a summons to appear before\nthe Tribunal to give evidence; and\n(b) the person fails to do either or both of the following:\n(i) to attend as required by the summons;\n(ii) to appear and report from day-to-day unless excused, or\nreleased from further attendance, by a member.\n(a) the person has been served with a summons to produce\nevidentiary material; and\n(b) the person does not comply with the summons.\n(3) Strict liability applies to subsection (1)(a) and (2)(a).\n(4) It is a defence to a prosecution for an offence against\nsubsections (1) or (2) if the defendant has a reasonable excuse.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 38\n","sortOrder":99},{"sectionNumber":"91","sectionType":"section","heading":"Dealing with evidentiary material","content":"91 Dealing with evidentiary material\nIf evidentiary material is produced in a proceeding, the Tribunal\nmay:\n(a) keep any item of evidentiary material for a period of time it\nconsiders appropriate; and\n(b) make copies of any item of evidentiary material.\n","sortOrder":100},{"sectionNumber":"92","sectionType":"section","heading":"Witnesses","content":"92 Witnesses\nThe Tribunal may:\n(a) require a witness to take an oath before giving evidence; and\n(b) require a witness to answer a question put by a member or a\nperson appearing before the Tribunal that is determined by the\nTribunal to be relevant to the proceeding.\nNote for section 92\nA person who fails to take the oath or answer a question commits an offence of\ncontempt under section 86.\n","sortOrder":101},{"sectionNumber":"93","sectionType":"section","heading":"Entry and inspection of property","content":"93 Entry and inspection of property\n(1) If the Tribunal considers an inspection of a place is relevant to a\nproceeding, an inspection may be carried out by:\n(a) a member; or\n(b) a person authorised by the Tribunal.\n(a) a member or authorised person is carrying out an inspection;\nand\n(b) the person obstructs the member or authorised person.\n(3) Strict liability applies to subsection (2)(a).\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\nobstruct includes hinder and resist.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 39\n","sortOrder":102},{"sectionNumber":"94","sectionType":"section","heading":"Applications to commence proceeding","content":"94 Applications to commence proceeding\n(1) An application to commence a proceeding in the Tribunal must be:\n(a) filed with the Registrar; and\n(b) made in accordance with the relevant Act, this Act and the\nrules; and\n(c) accompanied by the fee prescribed by regulation.\n(2) A proceeding in the Tribunal commences when the application is\naccepted under section 95.\n(3) An application under subsection (1) to commence a proceeding for\nthe review of a reviewable decision must be filed:\n(a) if the relevant Act specifies a period within which an\napplication for the review of the decision is required to be\nmade – within the specified period after the relevant day for\nthat decision; or\n(b) otherwise – within 28 days after the relevant day for the\ndecision.\n(4) The Registrar must ensure that a person intending to commence a\nproceeding before the Tribunal is given any reasonable assistance\nrequired by the person.\n(5) A proceeding may not be commenced by 2 or more persons jointly\nunless the facts or circumstances relating to each person's interests\nare the same or related.\n(6) The Tribunal may extend the time allowed for making an application\nmentioned in subsection (3).\n(7) In this section:\nrelevant day, for an application for the review of a reviewable\ndecision, means:\n(a) the day the applicant was notified of the decision by the\ndecision maker; or\n(b) if the applicant requested the decision maker to give a written\nstatement of reasons for the decision under section 35 or the\nrelevant Act – the earlier of the following:\n(i) the day the written statement is given to the applicant;\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 40\n(ii) the day by which the written statement was required to\nhave been given to the applicant.\n","sortOrder":103},{"sectionNumber":"95","sectionType":"section","heading":"Acceptance or rejection of application to commence","content":"95 Acceptance or rejection of application to commence\nproceeding\n(1) On receipt of an application to commence a proceeding under\nsection 94(1), the Registrar may:\n(a) accept the application; or\n(b) reject the application.\n(2) The Registrar may accept the application under subsection (1)(a)\non conditions determined by the Registrar.\n(3) The Registrar may reject the application under subsection (1)(b) on\nthe following grounds:\n(a) the application is made by a person who is not entitled to\nmake it;\n(b) the application is made after the expiry of the time limit within\nwhich the application is required to be made;\n(c) the application does not relate to a matter within the\njurisdiction of the Tribunal;\n(d) the application otherwise does not comply with the relevant\nAct, this Act or the rules.\n(4) If the Registrar rejects an application or accepts it subject to\nconditions, the person who made the application may request the\nRegistrar to refer the application to the President to review the\nRegistrar's decision.\n(5) If a request is made under subsection (4), the Registrar must refer\nthe person's application to the President to review the Registrar's\ndecision.\n(6) On a referral under subsection (5), the President may:\n(a) confirm the Registrar's decision; or\n(b) direct the Registrar to accept the application:\n(i) without conditions; or\n(ii) on conditions determined by the President.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 41\n(7) A review conducted by the President on a referral under\nsubsection (5) is not a review of a decision for the purpose of\nsection 33.\n","sortOrder":104},{"sectionNumber":"96","sectionType":"section","heading":"Directions for conduct of proceeding","content":"96 Directions for conduct of proceeding\n(1) The Tribunal may give a direction at any time in a proceeding and\ndo whatever is necessary for the expeditious and fair conduct of the\n(2) The Tribunal may give a direction on its own initiative or at the\nrequest of a party.\n(3) A directions hearing may be held for the purposes of this section\nbefore any other hearing in a proceeding.\n","sortOrder":105},{"sectionNumber":"97","sectionType":"section","heading":"Consolidating proceedings","content":"97 Consolidating proceedings\n(1) The Tribunal may direct that 2 or more proceedings that concern\nthe same or related facts or circumstances be consolidated into one\n(2) If proceedings are consolidated, evidence given in the consolidated\nproceeding is admissible in relation to matters involved in either of\nthe proceedings that were consolidated.\n","sortOrder":106},{"sectionNumber":"98","sectionType":"section","heading":"Splitting proceedings","content":"98 Splitting proceedings\n(1) The Tribunal may direct that 2 or more proceedings that concern\nthe same or related facts or circumstances remain as separate\nproceedings but be heard and decided together.\n(2) The Tribunal may direct:\n(a) that any aspect of a proceeding be heard and determined\nseparately; or\n(b) that a proceeding commenced by 2 or more persons jointly be\nsplit into separate proceedings.\n","sortOrder":107},{"sectionNumber":"99","sectionType":"section","heading":"More appropriate forum","content":"99 More appropriate forum\nThe Tribunal may, at any time, make an order dismissing all, or any\npart, of a proceeding if it considers that the matter, or any aspect of\nit, would be more appropriately dealt with by another tribunal, a\ncourt, or any other person.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 42\n","sortOrder":108},{"sectionNumber":"99A","sectionType":"section","heading":"Transfer of proceeding to Local Court or Supreme Court","content":"99A Transfer of proceeding to Local Court or Supreme Court\n(1) The President may make an order (a transfer order) that a matter\nbe transferred to the Local Court or the Supreme Court (the\nrecipient court).\n(2) The President may make a transfer order if satisfied that:\n(a) the matter is not within the Tribunal's jurisdiction; or\n(b) because of the circumstances of the case, the proceeding\nwould be more appropriately heard by the recipient court.\nExample for subsection (2)(b)\nCircumstances that might be relevant include the following:\n(a) the complexity of the matter, or the proceeding;\n(b) the difficulty or novelty of the issues raised;\n(c) the unsuitability of the Tribunal's powers and procedures for dealing with\nthe matter;\n(d) that the matter is closely related to a cause of action between the same\nparties that is before the Local Court.\n(3) The President may make a transfer order on application by a party\nor on the President's own initiative.\n(4) The President may make a transfer order:\n(a) even if the matter is not within the Tribunal's jurisdiction; but\n(b) only if it appears to the President that the matter is, or when\ntransferred will be, within the jurisdiction of the recipient court.\nNote for subsection (4)(b)\nIn relation to the jurisdiction of the Local Court or Supreme Court for transferred\nmatters, see section 13A of the Local Court Act 2015 or section 16A of the\nSupreme Court Act 1979.\n(5) The President must not make a transfer order unless satisfied that\ndoing so would be in the interests of justice.\n(6) The President, when making a transfer order, and the recipient\ncourt when dealing with the transferred matter, may make any\norders the President or court thinks appropriate for facilitating the\norderly transfer of the matter to the court.\n(7) A recipient court may refuse to accept the transfer of a matter if:\n(a) the matter is within the Tribunal's jurisdiction; and\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 43\n(b) the recipient court is satisfied that:\n(i) because of the circumstances of the matter, the\nproceeding would be more appropriately heard by the\nTribunal; and\n(ii) it is in the interests of justice to do so.\n(8) If a recipient court refuses to accept a transfer of a matter:\n(a) the transfer order is of no effect; and\n(b) the President must not make another transfer order in relation\nto the matter.\n(9) For section 13A of the Local Court Act 2015, if a transfer order is\nmade to transfer to the Local Court a matter that is within the\nTribunal's jurisdiction:\n(a) jurisdiction to deal with the claim mentioned in that section is\ntaken to be conferred on the Local Court as well as the\nTribunal; and\n(b) the Act under which the jurisdiction is conferred on the\nTribunal applies:\n(i) as if references in it to the Tribunal were references to\nthe Court; and\n(ii) with any other necessary changes.\nNote for section 99A\nFor the transfer of proceedings from the Local Court or Supreme Court to the\nTribunal, see section 44A of the Local Court Act 2015 or section 16 of the\nSupreme Court Act 1979.\n","sortOrder":109},{"sectionNumber":"100","sectionType":"section","heading":"Withdrawing proceeding","content":"100 Withdrawing proceeding\n(1) The applicant in a proceeding may withdraw the proceeding or a\npart of the proceeding.\n(2) Unless otherwise provided by the rules, an applicant may do so\nonly with the leave of the Tribunal.\n(3) The Tribunal may make any orders it considers appropriate after\nreceiving an application for leave to withdraw a proceeding.\n(4) If a proceeding or a part of a proceeding is withdrawn under this\nsection, another proceeding of the same kind in relation to the\nsame matter cannot be commenced without the leave of the\nPresident.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 44\n","sortOrder":110},{"sectionNumber":"101","sectionType":"section","heading":"Dismissing proceeding for want of prosecution","content":"101 Dismissing proceeding for want of prosecution\n(1) The Tribunal may dismiss all, or any part, of a proceeding for want\nof prosecution.\n(2) The Tribunal may do so on the application of a party or on its own\ninitiative.\n","sortOrder":111},{"sectionNumber":"101A","sectionType":"section","heading":"Default decisions","content":"101A Default decisions\n(1) If a party does not respond to an application for the recovery of a\ndebt or other fixed sum of money owed, the Tribunal may make a\ndecision against the party and order payment of the debt or sum.\n(2) A decision must not be made under subsection (1) unless:\n(a) the applicant files an unattested declaration declaring, to the\nbest of the applicant's knowledge, information and belief:\n(i) the amount of the debt or other fixed sum of money that\nremains due and owing as at the date of the declaration;\nand\n(ii) the amounts and dates of any payments made in relation\nto the amount due and owing since the date of the\napplication; and\n(b) the Tribunal is satisfied that the application set out the claim in\nterms that were reasonably clear.\n","sortOrder":112},{"sectionNumber":"101B","sectionType":"section","heading":"Tribunal may set aside default decision","content":"101B Tribunal may set aside default decision\n(1) A party against whom the Tribunal makes a decision under\nsection 101A(1) (a default decision) may apply to the Tribunal to\nset aside the decision.\n(2) The application must be made within the time limits specified by,\nand otherwise in accordance with, the rules.\n(3) On an application under subsection (1), if the Tribunal is satisfied\nthat the party had a reasonable excuse for failing to respond to the\napplication referred to in section 101A(1), the Tribunal may set\naside the default decision.\n(4) The determination of an application under this section is part of the\noriginal proceeding in which the default decision was made.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 45\n","sortOrder":113},{"sectionNumber":"102","sectionType":"section","heading":"Frivolous, vexatious or improper proceedings","content":"102 Frivolous, vexatious or improper proceedings\n(1) This section applies if the Tribunal considers that a proceeding:\n(a) is frivolous, vexatious, misconceived or lacking in substance\nor involves a trivial matter or amount; or\n(b) is being made for an improper purpose; or\n(c) is otherwise an abuse of process.\n(2) The Tribunal may dismiss the proceeding and may make any other\norder.\n(3) The Tribunal may act under subsection (2) on the application of a\nparty or on its own initiative.\n(4) If a proceeding is dismissed under this section, another proceeding\nof the same kind in relation to the same matter cannot be\ncommenced without the leave of the President.\n","sortOrder":114},{"sectionNumber":"103","sectionType":"section","heading":"Proceeding conducted to cause disadvantage","content":"103 Proceeding conducted to cause disadvantage\n(1) This section applies if the Tribunal considers that a party to a\nproceeding is conducting the proceeding in a way that\nunnecessarily disadvantages another party to the proceeding.\n(2) The Tribunal may:\n(a) if the party causing the disadvantage is the applicant – order\nthat the proceeding be dismissed; or\n(b) otherwise:\n(i) determine the proceeding in favour of the applicant; or\n(ii) order that the party causing the disadvantage be\nremoved from the proceeding.\n(3) The Tribunal may make any other orders the Tribunal considers\nnecessary.\n(4) The Tribunal may act under subsections (2) and (3) on the\napplication of a party or on its own initiative.\n(5) If a proceeding is dismissed under this section, another proceeding\nof the same kind in relation to the same matter cannot be\ncommenced without the leave of the President.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 46\n","sortOrder":115},{"sectionNumber":"104","sectionType":"section","heading":"Tribunal may appoint guardian","content":"104 Tribunal may appoint guardian\nThe Tribunal may appoint a litigation guardian for a person who is a\nparty or a potential party to a proceeding.\n","sortOrder":116},{"sectionNumber":"105","sectionType":"section","heading":"Decisions and reasons for decisions","content":"105 Decisions and reasons for decisions\n(1) All decisions and orders made by the Tribunal must be issued\nunder the seal of the Tribunal.\n(2) The Tribunal must give its final decision in a proceeding, and its\nreasons for its decision, to the parties:\n(a) in writing; and\n(b) within 28 days after the hearing for the proceeding.\n(2A) The Tribunal's reasons for its final decision under subsection (2)\nmust set out the Tribunal's findings on any material questions of\nfact, referring to the evidence or other material on which those\nfindings are based.\n(3) The validity of the final decision is not affected merely because of a\nfailure to comply with subsection (2).\n(4) The Tribunal may request an extension of the time limit mentioned\nin subsection (2)(b) from the President.\nfinal decision, in a proceeding, means a decision of the Tribunal\nthat finally determines the matters that are the subject of the\n","sortOrder":117},{"sectionNumber":"106","sectionType":"section","heading":"Publication","content":"106 Publication\nThe Tribunal may publish its final decision in a proceeding, with or\nwithout the reasons for the decision, in any way it considers\n","sortOrder":118},{"sectionNumber":"107","sectionType":"section","heading":"Tribunal may require parties to attend compulsory conference","content":"107 Tribunal may require parties to attend compulsory conference\n(1) The Tribunal may require the parties to a proceeding to attend a\ncompulsory conference.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 47\n(2) Subject to this Act, the presiding member for a proceeding presides\nover the compulsory conference and may determine the procedure\nof a compulsory conference.\n","sortOrder":119},{"sectionNumber":"108","sectionType":"section","heading":"Purpose of compulsory conference","content":"108 Purpose of compulsory conference\nThe purpose of a compulsory conference is to identify and clarify\nthe issues in the proceeding and promote the resolution of the\nmatter by a settlement between the parties.\n","sortOrder":120},{"sectionNumber":"109","sectionType":"section","heading":"Question of law may be referred to President","content":"109 Question of law may be referred to President\nThe member may, if that member is not the President, refer a\nquestion of law to the President for determination during a\ncompulsory conference.\n","sortOrder":121},{"sectionNumber":"110","sectionType":"section","heading":"Conduct of compulsory conference","content":"110 Conduct of compulsory conference\n(1) The member may require a party to give particulars of the party's\nmatter.\n(2) The member may determine who, apart from the parties to the\nproceedings (and their representatives), may be present at the\nconference.\n(3) The member may, on the member's own initiative, close the\nconference at any time if, in the member's opinion, settlement\ncannot be reached.\n(3A) The member may adjourn the conference if the member considers\nthat further negotiations between the parties may lead to a\nsettlement.\n(4) The member may permit a party to withdraw from the proceedings\nduring the compulsory conference and make any consequential\norder that is appropriate in the circumstances.\n(5) A compulsory conference must be held in private unless otherwise\nordered by the member.\n","sortOrder":122},{"sectionNumber":"111","sectionType":"section","heading":"Evidence in compulsory conference inadmissible in","content":"111 Evidence in compulsory conference inadmissible in\nproceeding\nEvidence of anything said or done in the course of a compulsory\nconference is inadmissible in a proceeding before the Tribunal\nexcept with the consent of all parties to the proceeding.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 48\n","sortOrder":123},{"sectionNumber":"112","sectionType":"section","heading":"Settlement at compulsory conference","content":"112 Settlement at compulsory conference\n(1) Subject to subsection (2), if the parties to a proceeding reach a\nsettlement at a compulsory conference, the member may make any\ndecision or order necessary to give effect to the settlement.\n(2) The member may only make a decision or order under\nsubsection (1) if the member is satisfied that the Tribunal could\nmake the decision or order under the relevant Act or this Act.\n(3) The member may decline to make a decision or order under\nsubsection (1) on the basis that the settlement reached by the\nparties may prejudice a person who:\n(a) was not present or represented at the compulsory conference;\nand\n(b) has a direct or material interest in the matter to which the\nsettlement relates.\n(4) A decision or order made under subsection (1) may be enforced as\nif it were a decision or order made by the Tribunal.\n","sortOrder":124},{"sectionNumber":"113","sectionType":"section","heading":"Advise Tribunal of outcome","content":"113 Advise Tribunal of outcome\nThe member must advise the Tribunal:\n(a) if a settlement is accepted by the member; or\n(b) if the member has closed the conference under\nsection 110(3).\n","sortOrder":125},{"sectionNumber":"114","sectionType":"section","heading":"Another member may preside over compulsory conference","content":"114 Another member may preside over compulsory conference\nIf the member presiding over the compulsory conference is unable\nto continue with the conference, another member may continue and\ncomplete the conference.\n","sortOrder":126},{"sectionNumber":"115","sectionType":"section","heading":"Member who presided over compulsory conference may not","content":"115 Member who presided over compulsory conference may not\nconstitute Tribunal\nA member who presided over a compulsory conference is\ndisqualified from sitting as a member for the purpose of deciding\nthe proceeding, unless the parties to the proceeding consent to the\nmember's continued participation.\nNote for section 115\nIf the matter is not settled at a compulsory conference and the proceeding needs\nto continue, the President may alter the constitution of the Tribunal under\nsection 24.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 49\n","sortOrder":127},{"sectionNumber":"116","sectionType":"section","heading":"Rules may set out circumstances for compulsory conference","content":"116 Rules may set out circumstances for compulsory conference\ndetails to be made public\nThe rules may set out circumstances in which the outcome of a\ncompulsory conference, including details of a settlement, are to be,\nor may be, made available to the public.\n","sortOrder":128},{"sectionNumber":"117","sectionType":"section","heading":"Approved mediators","content":"117 Approved mediators\nThe President may keep a list of persons who are approved\nmediators.\n","sortOrder":129},{"sectionNumber":"118","sectionType":"section","heading":"Tribunal may require parties to attend mediation","content":"118 Tribunal may require parties to attend mediation\n(1) The Tribunal may require the parties to a proceeding to attend\nmediation by a mediator.\n(2) The referral may be made with or without the consent of the parties\nor on application by the parties.\n(3) The rules may specify how notice of mediation is to be given, how\nthe mediation is to be conducted, and the fees to be paid by a party\nto the mediation.\n","sortOrder":130},{"sectionNumber":"119","sectionType":"section","heading":"Purpose of mediation","content":"119 Purpose of mediation\nThe purpose of mediation is to promote the resolution of the matter\nby a settlement between the parties.\n","sortOrder":131},{"sectionNumber":"120","sectionType":"section","heading":"Conduct of mediation","content":"120 Conduct of mediation\n(1) Subject to this Act, the mediator may determine the procedure for\nthe mediation.\n(2) A mediation must be held in private unless otherwise ordered by\nthe mediator.\n(3) The mediator may adjourn the mediation if the mediator considers\nthat further negotiations between the parties may lead to a\nsettlement.\n","sortOrder":132},{"sectionNumber":"121","sectionType":"section","heading":"Evidence in mediation inadmissible in proceeding","content":"121 Evidence in mediation inadmissible in proceeding\nEvidence of anything said or done in the course of mediation is\ninadmissible in a proceeding before the Tribunal except with the\nconsent of all parties to the proceeding.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 50\n","sortOrder":133},{"sectionNumber":"122","sectionType":"section","heading":"Settlement at mediation if mediator is member","content":"122 Settlement at mediation if mediator is member\n(1) Subject to subsection (2), if the parties to a proceeding reach a\nsettlement at a mediation and the mediator is a member, the\nmember may make any decision or order necessary to give effect\nto the settlement.\n(2) The member may only make a decision or order under\nsubsection (1) if the member is satisfied that the Tribunal could\nmake the decision or order under the relevant Act or this Act.\n(3) The member may decline to make a decision or order under\nsubsection (1) on the basis that the settlement reached by the\nparties may prejudice a person who:\n(a) was not present or represented at the mediation; and\n(b) has a direct or material interest in the matter to which the\nsettlement relates.\n(4) A decision or order made under subsection (1) may be enforced as\nif it were a decision or order made by the Tribunal.\n","sortOrder":134},{"sectionNumber":"123","sectionType":"section","heading":"Settlement at mediation if mediator is not a member","content":"123 Settlement at mediation if mediator is not a member\n(a) the parties to a proceeding reach a settlement at mediation;\nand\n(b) the mediator is not a member.\n(2) Any settlement under this section:\n(a) must not be inconsistent with the relevant Act; and\n(b) may be rejected by the Tribunal on the basis that the\nsettlement may prejudice a person who was not represented\nat the mediation but who has a direct or material interest in the\nmatter.\n","sortOrder":135},{"sectionNumber":"124","sectionType":"section","heading":"Advise Tribunal of outcome","content":"124 Advise Tribunal of outcome\nThe mediator must advise the Tribunal:\n(a) if the mediator is a member – if a settlement is accepted by\nthe member; or\n(b) if the mediator is not a member – the terms of a settlement\nreached between the parties; or\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 51\n(c) if the mediation does not reach a settlement within a\nreasonable time.\n","sortOrder":136},{"sectionNumber":"125","sectionType":"section","heading":"Member who presided over mediation may not constitute","content":"125 Member who presided over mediation may not constitute\nA member who presided over a mediation is disqualified from sitting\nas a member for the purpose of deciding the proceeding, unless the\nparties to the proceeding consent to the member's continued\nparticipation.\nNote for section 125\nIf the matter is not settled at mediation and the proceeding needs to continue, the\nPresident may alter the constitution of the Tribunal under section 24.\nSubdivision 3 Settlement by Tribunal\n","sortOrder":137},{"sectionNumber":"126","sectionType":"section","heading":"Settling a proceeding","content":"126 Settling a proceeding\n(1) The Tribunal may endeavour to achieve a negotiated settlement of\na matter before the Tribunal.\n(2) If the parties agree in writing to settle a matter before the Tribunal,\nthe Tribunal may make any decision or order necessary to give\neffect to the settlement.\n(3) A settlement under this section must not be inconsistent with the\nrelevant Act and the Tribunal may reject a settlement under\nsubsection (2) on the basis that:\n(a) the settlement may prejudice a person who is not a party to\nthe settlement but who has a direct or material interest in the\nmatter; or\n(b) the terms of the settlement are inappropriate.\n","sortOrder":138},{"sectionNumber":"127","sectionType":"section","heading":"Parties","content":"127 Parties\n(1) A person is a party to a proceeding before the Tribunal if the person\nis:\n(a) the applicant; or\n(b) for a disciplinary proceeding or a proceeding consisting of an\ninquiry into a person's behaviour – the person who is the\nsubject of the proceeding; or\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 52\n(c) for a proceeding in the Tribunal's review jurisdiction – the\ndecision maker; or\n(ca) for a proceeding in the Tribunal's internal review jurisdiction –\nany person who was a party to the original proceeding to\nwhich the internal review relates; or\n(d) a person joined in a proceeding by order of the Tribunal; or\n(e) a person lawfully intervening in a proceeding; or\n(f) a litigation guardian appointed by the Tribunal; or\n(g) any other person specified in this Act or the relevant Act to be\na party to a proceeding.\n(2) Subsection (1) applies subject to the rules.\n(3) In a proceeding where a decision maker is a party, the decision\nmaker's statutory position rather than the decision maker's name is\nto be used so far as is practicable.\n(4) The Tribunal may order the removal of a person as a party to the\nproceeding under subsection (1)(ca) if the Tribunal considers it\nappropriate to do so.\n","sortOrder":139},{"sectionNumber":"128","sectionType":"section","heading":"Person may be joined as party","content":"128 Person may be joined as party\n(1) The Tribunal may order that a person be joined as a party to a\nproceeding if the Tribunal considers that:\n(a) the person should be bound by, or have the benefit of, a\ndecision of the Tribunal in the proceeding; or\n(b) the person's interests are affected by the proceeding; or\n(c) it is desirable for any other reason for the person to be a party.\n(2) The Tribunal may make an order under this section:\n(a) on the application of any person or on its own initiative; and\n(b) without the person whom it is proposed to join being heard on\nthe matter.\n","sortOrder":140},{"sectionNumber":"129","sectionType":"section","heading":"Minister or other person may intervene in proceeding","content":"129 Minister or other person may intervene in proceeding\n(1) The Minister may, on behalf of the Territory, intervene in a\nproceeding before the Tribunal at any time.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 53\n(2) Any other person may intervene in a proceeding with the leave of\n(3) The Tribunal may grant a person leave to intervene:\n(a) on the grounds specified in the rules; and\n(b) on any conditions the Tribunal considers appropriate.\n","sortOrder":141},{"sectionNumber":"130","sectionType":"section","heading":"Representation","content":"130 Representation\n(1) A party to a proceeding before the Tribunal is entitled to appear:\n(a) personally; or\n(b) by a legal practitioner; or\n(c) with the leave of the Tribunal and subject to the rules – by\nanother representative.\n(2) Unless otherwise determined by the Tribunal, a person appearing\nbefore the Tribunal may be assisted by another person as a friend.\n(3) Nothing in this section authorises a person who is not a legal\npractitioner to act for a fee or reward in relation to a proceeding.\n(4) In this section:\nlegal practitioner, see section 4 of the Legal Profession Act 2006.\n","sortOrder":142},{"sectionNumber":"131","sectionType":"section","heading":"Parties bear own costs","content":"131 Parties bear own costs\nSubject to this Division, parties bear their own costs in a proceeding\nbefore the Tribunal.\n","sortOrder":143},{"sectionNumber":"132","sectionType":"section","heading":"Tribunal may make costs orders","content":"132 Tribunal may make costs orders\n(1) The Tribunal may make a costs order.\n(1A) If a party is substantially successful against another party in a\nproceeding, the Tribunal may make a costs order under\nsubsection (1) requiring the other party to pay the following costs to\nthe successful party:\n(a) any fee paid by the successful party that was required to be\npaid under this Act;\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 54\n(b) any fee paid by the successful party to serve documents,\nconduct a search or obtain a similar service that was\nreasonably necessary to be paid for the purpose of the\n(2) Before making any other costs order under subsection (1), the\nTribunal must take into account:\n(a) the main objectives of the Tribunal that are relevant to\nsimplifying proceedings and issues before the Tribunal and to\nkeeping costs to parties in proceedings before the Tribunal to\na minimum; and\n(b) the need to ensure that proceedings are fair and that parties\nare not disadvantaged by proceedings that have little or no\nmerit; and\n(c) if the Tribunal has dismissed the proceeding – that fact; and\n(d) any other matter specified by the rules; and\n(e) any other matter the Tribunal considers relevant.\n(3) If the Tribunal makes a costs order and does not fix the amount of\ncosts, that amount is to be determined in accordance with the rules.\n","sortOrder":144},{"sectionNumber":"133","sectionType":"section","heading":"Additional considerations for costs in review jurisdiction","content":"133 Additional considerations for costs in review jurisdiction\nBefore making a costs order in a review proceeding, the Tribunal\nmust take into account:\n(a) whether the party genuinely attempted to enable and assist\nthe decision maker to make the original decision on its merits;\nand\n(b) whether the decision maker genuinely attempted to make the\noriginal decision on its merits.\n","sortOrder":145},{"sectionNumber":"134","sectionType":"section","heading":"Costs order against a representative","content":"134 Costs order against a representative\nThe Tribunal may make a costs order against a representative of a\nparty because the representative acted in, or delayed, the\nproceeding in a way that resulted in unnecessary costs.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 55\n","sortOrder":146},{"sectionNumber":"135","sectionType":"section","heading":"Arrest of person for not complying with summons","content":"135 Arrest of person for not complying with summons\n(1) If a person fails to attend as required by a summons under\nsection 89, the President or a Deputy President may issue a\nwarrant for the arrest of the person.\n(2) Before issuing the warrant, the President or Deputy President must\nbe satisfied that:\n(a) the summons was served on the person; or\n(b) a reasonable attempt was made to serve the summons on the\nperson.\n(3) The warrant authorises the person to whom it is addressed:\n(a) to arrest the person at any time and bring the person before\nthe President or Deputy President; and\n(b) to detain the person in custody until released by order of the\nPresident, a Deputy President or the Supreme Court.\n(4) The arrest of a person under this section does not prevent the\nperson from being prosecuted for an offence under section 86.\n","sortOrder":147},{"sectionNumber":"136","sectionType":"section","heading":"Conditional release of arrested person","content":"136 Conditional release of arrested person\n(1) The President or a Deputy President may release a person arrested\nunder section 135.\n(2) The release may be subject to any conditions the President or\nDeputy President considers appropriate.\n(3) The President or Deputy President may act on his or her own\ninitiative or on application by the person for release.\n(4) A person commits an offence if he or she:\n(a) is released subject to a condition; and\n(b) fails to comply with the condition.\n(5) Strict liability applies to subsection (4)(a).\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 56\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":148},{"sectionNumber":"137","sectionType":"section","heading":"Review by Supreme Court","content":"137 Review by Supreme Court\n(1) This section applies if a person has been arrested under\nsection 135 and the President or a Deputy President has decided\nunder section 136:\n(a) to release the person on conditions; or\n(b) to refuse an application by the person for release.\n(2) For subsection (1)(b), if an application has not been dealt with\nwithin a reasonable time, the President or Deputy President is\ntaken to have refused it.\n(3) The person may apply to the Supreme Court for a review of the\nPresident's or Deputy President's decision.\n(4) On a review, the Supreme Court must do one of the following:\n(a) confirm the decision;\n(b) vary the decision;\n(c) set aside the decision and substitute its own decision.\n(5) An order made under subsection (4) is taken to be an order of the\n","sortOrder":149},{"sectionNumber":"138","sectionType":"section","heading":"Rules","content":"138 Rules\n(1) The President must establish a rules committee consisting of the\nPresident and at least one other member.\n(2) The President is the chairperson of the rules committee.\n(3) The rules committee has the following functions:\n(a) to make and review rules for this Act;\n(b) to approve forms for use for this Act;\n(c) to perform any other functions conferred on it by this or any\n(4) Subject to subsections (5) and (6), the rules committee may\ndetermine its own procedures.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 57\n(5) A decision at a meeting of the rules committee must be determined\nby the majority vote of members present and voting.\n(6) If there is an equality of votes, the chairperson has a casting vote in\naddition to the chairperson's deliberative vote.\n(7) The rules committee may make rules of the Tribunal under this Act.\nNote for subsection (7)\nSee section 65 of the Interpretation Act 1978.\n(8) Without limiting subsection (7), the rules of the Tribunal may\nprovide for the following:\n(a) the practice and procedure of the Tribunal in the exercise of its\njurisdiction, including in respect of jurisdiction conferred on the\nTribunal by a particular relevant Act;\n(b) the conduct, organisation and management of the business of\nthe Tribunal;\n(c) the filing, issue and service of applications and other\ndocuments, including by means of electronic communication.\n","sortOrder":150},{"sectionNumber":"139","sectionType":"section","heading":"Practice directions","content":"139 Practice directions\n(1) The President may issue practice directions for the Tribunal as the\nPresident considers necessary or convenient for the operation of\n(2) If there is an inconsistency between a practice direction and the\nrules, the rules prevail to the extent of the inconsistency.\n","sortOrder":151},{"sectionNumber":"140","sectionType":"section","heading":"Applications for internal review","content":"140 Applications for internal review\n(1) A party to a proceeding in the Tribunal's original jurisdiction may\napply to the Tribunal for an internal review of a decision made by\nthe Tribunal in the proceeding.\n(2) Despite subsection (1), an application for an internal review cannot\nbe made in relation to:\n(a) a decision of a kind excluded by the relevant Act; or\n(b) a decision of a kind prescribed by regulation; or\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 58\n(c) a decision other than a final decision in the proceeding.\n(3) An application under subsection (1) must be:\n(a) accompanied by a written statement setting out the grounds\non which the application is made; and\n(b) made in accordance with the rules.\n(4) An internal review on an application under subsection (1) may be\nbrought only with the leave of the President.\nfinal decision, in a proceeding, means a decision of the Tribunal\nthat finally determines the matters that are the subject of the\n","sortOrder":152},{"sectionNumber":"140A","sectionType":"section","heading":"Determination of internal review","content":"140A Determination of internal review\n(1) An internal review of a decision (the original decision) conducted\nby the Tribunal on an application under section 140(1) is limited to:\n(a) a determination of whether the original decision was or was\nnot affected by any error of fact or law; and\n(b) the correction of any identified error of fact or law in respect of\nthe decision.\n(2) Subject to subsection (3), the Tribunal must hear and determine the\ninternal review by way of a reconsideration of the evidence or\nmaterial that was before the Tribunal when the original decision\nwas made.\n(3) The Tribunal may allow a party to the internal review to give further\nevidence or material on the internal review if the Tribunal considers\nthat it would be in the interests of justice to do so.\n(4) On the internal review, the Tribunal may:\n(a) confirm the original decision; or\n(b) vary the original decision; or\n(c) set aside the original decision and substitute a new decision;\nor\n(d) set aside the original decision and send the matter back to the\nTribunal as originally constituted for the proceeding in which\nthe original decision was made in accordance with any\nrecommendations that it considers appropriate.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 59\n(5) In addition to any orders made under subsection (4), the Tribunal\nmay make any consequential orders that it considers appropriate.\n","sortOrder":153},{"sectionNumber":"140B","sectionType":"section","heading":"Effect of internal review on original decision","content":"140B Effect of internal review on original decision\n(1) The commencement of a proceeding in the Tribunal's internal\nreview jurisdiction does not affect the operation of the decision to\nwhich the internal review relates unless an order is made under\nsubsection (2).\n(2) The Tribunal conducting the internal review may make an order\nstaying the operation of the original decision until:\n(a) the Tribunal makes its decision under section 140A(4); or\n(b) another time specified in the order.\n(3) The Tribunal may make an order under subsection (2):\n(a) at any time after the commencement of the internal review;\nand\n(b) on the application of a party to the internal review or on its\nown initiative.\n","sortOrder":154},{"sectionNumber":"141","sectionType":"section","heading":"Appeal to Supreme Court","content":"141 Appeal to Supreme Court\n(1) A party to a proceeding may appeal to the Supreme Court against a\ndecision of the Tribunal on a question of law.\n(2) A person may appeal only with the leave of the Supreme Court.\n(3) On hearing an appeal, the Supreme Court must do one of the\nfollowing:\n(a) confirm the decision of the Tribunal;\n(b) vary the decision of the Tribunal;\n(c) set aside the decision and:\n(i) substitute its own decision; or\n(ii) send the matter back to the Tribunal for reconsideration\nin accordance with any recommendations the Supreme\nCourt considers appropriate;\n(d) dismiss the appeal.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 60\n","sortOrder":155},{"sectionNumber":"142","sectionType":"section","heading":"Effect of appeal on decision appealed against","content":"142 Effect of appeal on decision appealed against\n(1) The filing of an application for leave to appeal from the decision\ndoes not affect the operation of the decision appealed against.\n(2) However, the Supreme Court may stay the operation of the\ndecision until the determination of an application for leave to appeal\nfrom the decision.\n","sortOrder":156},{"sectionNumber":"143","sectionType":"section","heading":"Appointment of Registrar","content":"143 Appointment of Registrar\nThe Minister may, in writing, appoint a public sector employee who\nis admitted or qualified to be admitted as a legal practitioner in the\nTerritory to be the Registrar of the Tribunal.\n","sortOrder":157},{"sectionNumber":"144","sectionType":"section","heading":"Functions and powers of Registrar","content":"144 Functions and powers of Registrar\n(1) The Registrar has the following functions:\n(a) to assist the President in the administration of the Tribunal;\n(b) to manage the registry and records of the Tribunal;\n(c) to manage the day-to-day case management of the Tribunal;\n(d) to constitute the Tribunal under section 22(3);\n(e) any other function as directed by the President or specified\nunder the rules.\n(2) The Registrar has the powers necessary or convenient to perform\nthe Registrar's functions.\n","sortOrder":158},{"sectionNumber":"145","sectionType":"section","heading":"Registrar may delegate powers and functions","content":"145 Registrar may delegate powers and functions\nThe Registrar may delegate the Registrar's powers and functions to\na public sector employee.\n","sortOrder":159},{"sectionNumber":"146","sectionType":"section","heading":"Termination of appointment","content":"146 Termination of appointment\nThe Minister may terminate the appointment of a person as the\nRegistrar for inability, misbehaviour or physical or mental\nincapacity.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 61\n","sortOrder":160},{"sectionNumber":"147","sectionType":"section","heading":"Protection from liability for acts","content":"147 Protection from liability for acts\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a member.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Tribunal in good faith in the\nexercise of a power or performance of a function under this or\nanother Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":161},{"sectionNumber":"148","sectionType":"section","heading":"Protection from liability for disclosure","content":"148 Protection from liability for disclosure\nIf a person produced a document or other material under a\nrequirement of this Act, the person is not civilly or criminally liable,\nor in breach of a professional code, for doing so.\n","sortOrder":162},{"sectionNumber":"149","sectionType":"section","heading":"Confidentiality of information","content":"149 Confidentiality of information\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 62\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\n","sortOrder":163},{"sectionNumber":"150","sectionType":"section","heading":"False or misleading information","content":"150 False or misleading information\n(a) the person gives information to another person; and\n(b) the other person is a member constituting, or is one of the\npersons constituting, the Tribunal; and\n(c) the person knows the information is misleading; and\n(d) the person knows the member is acting in an official capacity.\n(a) the person gives a document to another person; and\n(b) the other person is a member constituting, or is one of the\npersons constituting, the Tribunal; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the member is acting in an official capacity.\n(3) Strict liability applies to subsections (1)(a) and (b) and (2)(a)\nand (b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the document.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 63\nacting in an official capacity, in relation to a member, means the\nmember is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":164},{"sectionNumber":"151","sectionType":"section","heading":"Annual report","content":"151 Annual report\n(1) The President must prepare and give to the Minister a report on the\nmanagement and operation of the Tribunal during each financial\nyear.\n(2) The report must contain information about:\n(a) the number, nature and outcome of matters that have come\nbefore the Tribunal; and\n(b) the number and nature of matters before the Tribunal that are\nincomplete as at the end of the financial year; and\n(c) any trends or special problems that may have emerged; and\n(d) in relation to the matters that have come before the Tribunal –\nthe level of compliance by decision makers with requirements\nto:\n(i) notify persons of reviewable decisions and their rights to\nseek review; and\n(ii) provide written reasons for reviewable decisions when\nrequested to do so; and\n(e) forecasts of the workload of the Tribunal in the next financial\nyear; and\n(f) any proposals for improving the management and operation of\n(3) The report must not contain information in relation to the evidence\ngiven in closed hearings or other confidential matters.\n(4) The report must be given to the Minister within 3 months after the\nend of the financial year or such other period as the Minister\ndetermines.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 64\n(5) The Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after the Minister receives the report.\n","sortOrder":165},{"sectionNumber":"152","sectionType":"section","heading":"Additional reports","content":"152 Additional reports\n(1) The President must, at the request of the Minister, report to the\nMinister on any matter relevant to the administration or operation of\n(2) The report must not contain information in relation to the evidence\ngiven in closed hearings or other confidential matters.\n","sortOrder":166},{"sectionNumber":"153","sectionType":"section","heading":"Proceedings for offences","content":"153 Proceedings for offences\nProceedings for an offence against this Act must be brought within\n12 months from the date on which the offence is alleged to have\nbeen committed.\n154 Seal\n(1) The Tribunal may have a seal for sealing documents issued out of\nthe Tribunal and required to be sealed.\n(2) The seal must be of a design approved by the President and must\ninclude the words \"The Seal of the Northern Territory Civil and\nAdministrative Tribunal\".\n(3) The seal must be kept at the place and in the custody of a person\nas directed by the President.\n(4) The seal of the Tribunal may be affixed to a document manually or\nelectronically.\n","sortOrder":167},{"sectionNumber":"155","sectionType":"section","heading":"Regulations","content":"155 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may prescribe fees payable under this Act.\n","sortOrder":168},{"sectionNumber":"156","sectionType":"section","heading":"Enforcement of orders made before commencement","content":"156 Enforcement of orders made before commencement\nSections 84, 84A and 84B, as inserted by section 53 of the Justice\nLegislation Amendment Act 2015, apply to an order made by the\nTribunal before the commencement of that section.\n\nDivision 3 Northern Territory Civil and Administrative Tribunal Amendment Act 2023\nNorthern Territory Civil and Administrative Tribunal Act 2014 65\nDivision 2 Northern Territory Civil and Administrative\nTribunal Amendment Act 2018\n157 Default decisions made before commencement\nSection 101A(1), as inserted by section 5 of the Northern Territory\nCivil and Administrative Tribunal Amendment Act 2018, does not\napply to any proceeding commenced before the commencement of\nthat section.\n","sortOrder":169},{"sectionNumber":"Div 3","sectionType":"division","heading":"Northern Territory Civil and Administrative","content":"Division 3 Northern Territory Civil and Administrative\nTribunal Amendment Act 2023\n","sortOrder":170},{"sectionNumber":"158","sectionType":"section","heading":"Definitions","content":"158 Definitions\nIn this Division:\namending Act means the Northern Territory Civil and\nAdministrative Tribunal Amendment Act 2023.\ncommencement means the commencement of Part 2 of the\namending Act.\nformer internal review provisions means sections 140 and 140A,\nas in force immediately before the commencement.\nnew internal review provisions means sections 51A, 140, 140A\nand 140B, as inserted by the amending Act.\n","sortOrder":171},{"sectionNumber":"159","sectionType":"section","heading":"Decisions subject to new internal review provisions","content":"159 Decisions subject to new internal review provisions\nThe new internal review provisions:\n(a) apply in relation to a decision that is made by the Tribunal in a\nproceeding in the Tribunal's original jurisdiction after the\ncommencement, even if the proceeding was commenced\nbefore the commencement; and\n(b) do not apply in relation to a decision that was made by the\nTribunal before the commencement.\n160 Applications for internal review not made before\ncommencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to make an application to the Tribunal under the\nformer internal review provisions for review of a decision; and\n\nDivision 3 Northern Territory Civil and Administrative Tribunal Amendment Act 2023\nNorthern Territory Civil and Administrative Tribunal Act 2014 66\n(b) had not yet made an application to the Tribunal for review of\nthe decision.\n(2) The person may apply to the Tribunal for review of the decision\nunder the former internal review provisions, as if section 33 of the\namending Act had not commenced.\n(3) The Tribunal must hear and determine the person's application in\naccordance with the former internal review provisions, as if\nsection 33 of the amending Act had not commenced.\n161 Applications for internal review not determined before\ncommencement\n(1) Subsection (2) applies in relation to an application to the Tribunal\nfor review of a decision that:\n(a) was made by a person under the former internal review\nprovisions before the commencement; and\n(b) had not been finally determined by the Tribunal before the\ncommencement.\n(2) The Tribunal must continue to hear and determine the person's\napplication in accordance with the former internal review provisions,\nas if section 33 of the amending Act had not commenced.\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 67\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNorthern Territory Civil and Administrative Tribunal Act 2014 (Act No. 28, 2014)\nAssent date 4 September 2014\nCommenced 6 October 2014 (Gaz S95, 6 October 2014)\nJustice Legislation Amendment Act 2015 (Act No. 14, 2015)\nAssent date 22 May 2015\nCommenced pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53,\n29 May 2015, p 1)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (rep by Act No. 33, 2019 before comm);\nrem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,\n2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n13 April 2016, p 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nNorthern Territory Civil and Administrative Tribunal Amendment Act 2018 (Act No. 24,\n2018)\nAssent date 8 November 2018\nCommenced 3 December 2018 (Gaz G48, 28 November 2018, p 6)\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 68\nAgents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)\nAssent date 28 March 2019\nCommenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:\n1 May 2019 (Gaz G18, 1 May 2019, p 4);\nrem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and\nG30, 24 July 2019, p 2)\nJudicial Commission Act 2020 (Act No. 17, 2020)\nAssent date 1 July 2020\nCommenced 10 November 2021 (Gaz G45, 10 November 2021, p 1)\nJustice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)\nAssent date 1 March 2022\nCommenced 2 March 2022 (s 2)\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nNorthern Territory Civil and Administrative Tribunal Amendment Act 2023 (Act No. 23,\n2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 1)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 13, 15, 71, 84A, 99A and\n130.\n4 LIST OF AMENDMENTS\ns 3 amd No. 14, 2015, s 51; No. 23, 2023, s 4\ns 12 amd No. 23, 2023, s 5\ns 13 amd No. 8, 2016, s 45\ns 14 amd No. 23, 2023, s 6\ns 15 amd No. 8, 2016, s 45\ns 16 amd No. 23, 2023, s 36\ns 16A ins No. 23, 2023, s 7\ns 17 amd No. 23, 2023, s 8\ns 19 sub No. 17, 2020, s 89\ns 21 sub No. 21, 2022, s 11\ns 22 amd No. 23, 2023, s 9\ns 26 sub No. 23, 2023, s 10\ns 28 sub No. 23, 2023, s 11\ns 29 amd No. 23, 2023, s 12\ns 31 sub No. 23, 2023, s 13\ns 34 amd No. 4, 2017, s 34\ns 36 amd No. 4, 2017, s 34\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 69\ns 41 sub No. 23, 2023, s 14\ns 48 sub No. 23, 2023, s 15\npt 3\ndiv 4 hdg ins No. 23, 2023, s 16\ns 51A ins No. 23, 2023, s 16\ns 56 amd No. 23, 2023, s 36\ns 62 amd No. 23, 2023, s 17\ns 63 amd No. 14, 2015, s 52\ns 70 amd No. 23, 2023, s 18\ns 80 amd No. 3, 2016, s 23; No. 24, 2018, s 4\nsub No. 23, 2023, s 19\ns 84 sub No. 14, 2015, s 53\ns 84A ins No. 14, 2015, s 53\namd No. 8, 2016, s 45\ns 84B ins No. 14, 2015, s 53\ns 85 amd No. 2, 2022, s 20\nsub No. 23, 2023, s 20\ns 86 amd No. 14, 2015, s 54\ns 89 amd No. 23, 2023, s 21\ns 90 amd No. 14, 2015, s 55\ns 93 amd No. 14, 2015, s 56\ns 94 amd No. 23, 2023, s 22\ns 95 sub No. 23, 2023, s 23\ns 99A ins No. 3, 2016, ss 24 and 25\ns 100 amd No. 23, 2023, s 24\ns 101A ins No. 24, 2018, s 5\ns 100B ins No. 23, 2023, s 25\ns 105 amd No. 23, 2023, s 26\ns 110 amd No. 23, 2023, s 27\ns 112 sub No. 23, 2023, s 28\nss 117 – 118 amd No. 23, 2023, s 36\ns 120 amd No. 23, 2023, s 29\ns 122 sub No. 23, 2023, s 30\ns 127 amd No. 14, 2015, s 57; No. 23, 2023, s 31\ns 131 amd No. 14, 2025, s 16\ns 132 amd No. 24, 2018, s 6; No. 14, 2025, s 17\ns 136 amd No. 14, 2015, s 58\ns 138 amd No. 23, 2023, s 32\ns 140 amd No. 14, 2015, s 59; No. 6, 2019, s 14\nsub No. 23, 2023, s 33\ns 140A ins No. 14, 2015, s 60\nsub No. 23, 2023, s 33\ns 140B ins No. 23, 2023, s 33\ns 151 amd No. 23, 2023, s 34\ns 154 amd No. 24, 2018, s 7\npt 8 hdg exp No. 28, 2014, s 158\nins No. 14, 2015, s 61\nsub No. 24, 2018, s 8\npt 8\ndiv 1 hdg ins No. 24, 2018, s 8\ns 156 exp No. 28, 2014, s 158\nins No. 14, 2015, s 61\npt 8\ndiv 2 hdg ins No. 24, 2018, s 9\ns 157 exp No. 28, 2014, s 158\nins No. 24, 2018, s 9\npt 8\ndiv 3 hdg ins No. 23, 2023, s 35\n\nNorthern Territory Civil and Administrative Tribunal Act 2014 70\ns 158 exp No. 28, 2014, s 158\nins No. 23, 2023, s 35\nss 159 – 161 ins No. 23, 2023, s 35","sortOrder":172}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and adjusted since its original enactment by later amendments reflected in the text. Notable, source‑visible changes include the formal establishment of an internal review jurisdiction (s 51A and amended Part 5 provisions, ss 140–140B), the power to appoint additional ordinary members at the President’s request (s 16A), the statutory framework for default decisions in debt recovery (s 101A) and strengthened enforcement routes for non‑monetary orders (ss 84A, 84B). The rules and President/Registrar powers to constitute the Tribunal and manage procedure have also been broadened (see ss 22(1A), 95 and 138). Transitional sections in Part 8 set out how these amendments apply to proceedings started before the changes (Part 8, Div 3; ss 158–161). These are concrete scope changes in jurisdictional and procedural coverage and enforcement mechanisms as reflected in the current text."},"complexity_factors":["Multiple overlapping jurisdictions (original, review, internal review) with different procedures and outcomes (ss 31–33, 51A, 45, 140–140A).","Wide discretionary powers vested in the President, Registrar and rules committee to set practice, constitute the Tribunal, and delegate functions (ss 14, 21, 22, 138, 144).","Extensive procedural detail and exceptions (notification and reasons regime, summons and evidence powers, confidentiality certificates, stays and appeals) requiring cross‑reference across many sections (ss 34–41, 38–40, 89–92, 84–84A, 86, 141).","Multiple enforcement pathways (monetary orders to courts, non‑monetary orders to Local Court, criminal penalties for non‑compliance) with differing filing and enforcement rules (ss 84–84A, 84B, 86, 90).","Significant administrative dependencies (Minister-appointed registries, fees by regulation, President consultation and recommendations) that interact with resource allocation and practical access (ss 9(3), 94(1)(c), 155, 14).","Statutory interaction with other Acts and potential inconsistencies (s 5) requiring legal mapping to determine scope in each subject area.","Recent and multiple amendments reflected in transitional provisions (e.g., addition of internal review s 51A, additional ordinary members s 16A, default decision provisions s 101A) increasing textual complexity and transitional rules (Div 3, Part 8; ss 16A, 51A, 101A)."],"plain_english_summary":"What this law does, in plain language\n\n- Mechanically, the Act creates the Northern Territory Civil and Administrative Tribunal (the Tribunal) and sets out how it is put together, what it can decide, how proceedings are run, how its decisions are enforced, and how people can seek review or appeal. Key structural features are: appointment and roles of President, Deputy Presidents, ordinary members and additional ordinary members (ss 12–17, 16A); the Tribunal's three kinds of jurisdiction — original, review and internal review (ss 31–33, 51A); procedural and administrative powers for the President, Registrar and a rules committee (ss 14, 22, 138, 143–145); and enforcement and sanctioning powers, including civil enforcement through courts and criminal penalties for non‑compliance (ss 84–84A, 84B, 86, 90).\n\n- Who it affects\n  - People and businesses who bring or defend matters under an Act that gives jurisdiction to the Tribunal (a “relevant Act”) — they are the parties who will pay filing fees, possibly give evidence, and bear the practical costs of proceedings (ss 30–32, 94(1)(c), 131).  \n  - Government decision‑makers whose decisions are reviewable by the Tribunal — they must notify affected persons and provide reasons and materials when required (ss 34–36, 41).  \n  - Ministers and the Executive — the Minister can certify that disclosure of specified material would be contrary to the public interest (s 38), and may appeal if the Tribunal revokes such a certificate (s 40).  \n  - Tribunal staff, members, assessors, legal practitioners and registrants — the Act defines appointment, conduct, delegations, and protections (ss 13–21, 73–76, 147–149).\n\n- Why it matters (mechanics then official rationale)\n  - Mechanically, the Act centralises a broad range of civil and administrative dispute resolution into a single specialist Tribunal with powers to rehear administrative decisions, make original determinations conferred by other Acts, order monetary and non‑monetary relief, and enforce orders through ordinary courts (ss 30–33, 45, 50, 84–84A).  \n  - The Act lists objectives that guide how the Tribunal should operate: accessibility, timeliness, low cost, use of straightforward procedure and alternative dispute resolution, and promotion of good public administration (s 10). Those objectives are explicit statutory criteria that members and the rules committee must consider when setting procedure (ss 10, 52, 138).\n\n- Who pays, who decides, and what changes in behaviour\n  - Who pays: parties ordinarily bear their own costs (s 131). The Tribunal can order one party to pay another's fees and certain expenses if a party is substantially successful (s 132(1A)), can order security for costs (s 66), and may require contributions for the Tribunal’s use of external assessors (s 75). Application and registry fees are payable as prescribed by regulation (s 94(1)(c); s 155(2)); fees for copying records may also be prescribed (s 85(8)). Criminal penalties and fines for non‑compliance (contempt, failure to comply with summons, obstruction) impose additional costs on individuals (ss 86, 90, 93).  \n  - Who decides: the President (and those the President nominates) exercises wide administrative and case management discretion — nominating who sits on a matter (s 22), issuing practice directions and establishing divisions (ss 14(da), 58, 139), and approving rules via a rules committee (s 138). The Registrar has delegated administrative powers including initial constitution of the Tribunal in some cases (ss 22(3), 144).  \n  - Behaviour changes: decision‑makers must notify affected persons of review rights and supply reasons on request (ss 34–36), which increases paperwork and evidentiary disclosure by government agencies (s 41). Parties face time limits for filing reviews and for requesting reasons (s 94(3), s 35(3)), so timeliness is incentivised. The Tribunal’s powers to require documents and summon witnesses (ss 89–91) and to enforce orders through courts (ss 84–84A) create practical enforcement channels that affect compliance incentives for private parties and agencies.\n\n- Incentives, trade‑offs and implementation touchpoints (source‑linked)\n  - Concentrated decision and appointment powers: appointment and removal procedures involve the Administrator, Minister and President (ss 13–19). The Minister issues some certifications that block disclosure (s 38) while the Tribunal can revoke those certificates (s 39) and the Minister may appeal that revocation (s 40). That creates a concrete, legalised interaction between executive confidentiality claims and adjudicative review (ss 38–40).  \n  - Trade‑off between informality and legal robustness: the Act directs the Tribunal to act with little formality and keep costs low (s 10(e)–(g)), but it also gives the Tribunal wide powers to summon evidence, punish contempt, and make enforceable orders (ss 89–90, 86, 84–84A). Those powers support enforceability but increase procedural and compliance burdens compared with pure mediation.  \n  - Delegation and administrative discretion: the President may delegate many powers and set practice through rules and practice directions (ss 21, 138, 139). The Registrar may accept or reject applications and set conditions, subject to President review (s 95). These provisions concentrate practical control of process with the President and Registrar and place reliance on internal rule‑making (ss 14, 95, 138).  \n  - Costs and access: the Act explicitly requires minimising costs to parties (s 10(e)) and sets a starting rule that parties bear their own costs (s 131), but also provides multiple routes for costs orders and security for costs (ss 132, 66). Those mechanisms allow the Tribunal to deter weak or obstructive claims but may impose financial barriers for some litigants.  \n  - Forum choice and transfers: the President may transfer matters to the Local Court or Supreme Court where appropriate (s 99A), and either court may refuse such transfers in some circumstances (s 99A(7)). That regulates forum shopping mechanically and routes complex or unsuitable matters to the courts (s 99A).  \n\n- Compliance burdens and risks of implementation\n  - Time limits and formalities: applicants must file within statutory or prescribed timeframes (s 94(3)), and decision‑makers must supply reasons within 28 days when requested (s 35(4)). Failure to comply can trigger Tribunal orders, court enforcement, or criminal penalties in specific contexts (ss 36, 84–84B, 86).  \n  - Administrative capacity: the Tribunal must maintain registries at places the Minister determines after consultation with the President (s 9(3)). Effective Territory‑wide access depends on resources allocated by the executive and on the President’s rules and directions (s 9(1)–(3), s 14, s 138).  \n  - Information control: the Minister’s certification power (s 38) and the Tribunal’s power to revoke (s 39) create a built‑in legal contest over disclosure, which can produce stays and appeals (s 40) and therefore affect the speed and transparency of reviews.  \n\n- Concrete trade‑offs the text makes visible\n  - Faster, less formal resolution vs. legal enforceability and evidentiary powers: the Act aims for speed and informality (s 10(c)–(g)) but equips the Tribunal with coercive powers (summonses, contempt, arrest warrants for non‑attendance) and pathways to enforce orders via regular courts (ss 89–93, 86, 135, 84–84A).  \n  - Administrative control vs. reviewability: the Act requires government decision‑makers to notify and provide reasons (ss 34–36) but preserves executive non‑disclosure for specified public interest grounds (s 38) with a judicialised check in the Tribunal (s 39) and a ministerial right to appeal (s 40).\n\nKey sections to consult quickly (selected): establishment and jurisdiction (ss 7–9, 30–33), objectives and independence (ss 10–11), membership and appointments (ss 12–19, 16A), review and information obligations (ss 34–41), powers in proceedings (ss 52–66, 89–93), enforcement (ss 84–84B), internal review and appeals (ss 51A, 140–142), and rules, practice directions and administration (ss 138–139, 14, 22)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3019},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of establishing and governing the NTCAT as a comprehensive civil and administrative tribunal. While amendments have added specific mechanisms—such as internal review jurisdiction (2023), default decisions for unpaid debts (2018), and enhanced enforcement powers (2015)—these represent evolutionary refinements to the Tribunal's operational machinery rather than expansion beyond the original legislative intent."},"complexity_factors":["Length and structure: 161 sections across 8 Parts with multiple Divisions and Subdivisions, creating a dense procedural framework.","Defined terms: Over 20 defined terms in section 3 alone (e.g., 'reviewable decision', 'relevant Act', 'monetary order'), plus additional definitions throughout (e.g., 'final decision' in s 105, 'relevant hearing' in s 80).","Extensive cross-referencing: Frequent references to other Northern Territory legislation including the Interpretation Act 1978, Criminal Code, Local Court Act 2015, Supreme Court Act 1979, and Evidence Act 2011.","Nested conditional logic: Complex exception structures in sections 37–42 (requirements for statements of reasons), section 43 (restrictions on decision-makers that are subject to further exceptions), and section 80 (reopening proceedings with multiple specific grounds and time limits).","Multiple jurisdictional schemes: Operates three distinct procedural tracks (original, review, and internal review) each with specific rules for evidence, stays, and appeals.","Procedural density: Detailed rules for summons and arrest (ss 89–90, 135–137), contempt (ss 86–88), assessors (ss 73–76), and transfers to other courts (s 99A) requiring precise compliance."],"plain_english_summary":"**What this legislation does**\n\nThis Act creates the **Northern Territory Civil and Administrative Tribunal** (NTCAT) — a single, independent body that acts like a “people’s court” for civil and administrative disputes in the Northern Territory. It replaces the need to go to regular courts for many types of disagreements, aiming to be faster, cheaper, and less formal.\n\n**The three types of cases it handles**\n\nThe Tribunal can hear matters in three different ways:\n\n*   **Original jurisdiction**: Brand-new disputes (for example, tenancy issues or small civil claims) that start directly at the Tribunal.\n*   **Review jurisdiction**: Challenges to decisions made by government agencies (for example, a refusal to grant a license or a penalty imposed by a regulator). The Tribunal conducts a “rehearing” (a fresh look at the evidence) to decide if the government made the correct or preferable decision.\n*   **Internal review jurisdiction**: If a party loses in an original jurisdiction case, they can ask the Tribunal to review its *own* decision for legal or factual errors, rather than going straight to the Supreme Court.\n\n**Key features that make it accessible**\n\n*   **Informal processes**: The Tribunal is not bound by strict court rules of evidence. It can accept documents even if they are late, use telephone or video hearings, and explain procedures to people without lawyers.\n*   **Alternative dispute resolution**: The Tribunal can force parties into compulsory conferences or mediation (confidential settlement talks) to resolve issues without a full hearing.\n*   **Enforcement**: The Tribunal can issue arrest warrants for people who ignore summonses (official orders to attend), punish contempt (disruptive or disobedient behaviour), and enforce its money orders through the Local Court.\n\n**Who it affects**\n\n*   **NT residents and businesses**: Anyone with a civil dispute or who wants to challenge a government decision.\n*   **Government decision-makers**: Agencies must notify people of their right to review, provide reasons for decisions, and assist the Tribunal during reviews.\n*   **Legal representatives**: Lawyers and other representatives must act fairly; the Tribunal can award costs against representatives who cause unnecessary delays.\n\n**Why it matters**\n\nThe Act ensures ordinary people can challenge government decisions and resolve civil disputes without the cost and complexity of the Supreme Court. It emphasizes fairness, public access, and resolving matters quickly while still allowing appeals to the Supreme Court on questions of law."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014","history":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014/history","analysis":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014/analysis","conflicts":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014/conflicts","importantCases":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014/important-cases","documents":"/api/acts/northern-territory-civil-and-administrative-tribunal-act-2014/documents"}}