ACT Civil and Administrative Tribunal Act 2008

23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 February 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Objects of Act 4 7 Tribunal principles 4 7A Duties of parties, authorised representatives and others 5 8 Rules of evidence 5

Page contents 2 ACT Civil and Administrative Tribunal Act 2008 9 Applications under authorising laws 6 10 Making an application 6 11 Applications subject to authorising laws 7 12 When no action taken to be decision 7 15 Definitions—pt 4 8 16 Meaning of civil dispute and civil dispute application—Act 9 17 Civil dispute applications 10 18 $25 000 limit on civil dispute applications 10 19 Working out amount of application for jurisdiction 10 20 Abandoning excess to come within jurisdiction 11 21 Jurisdiction by agreement—amounts over $25 000 11 22 Tribunal jurisdiction and powers of Magistrates Court 11 Division 4A.1 Definitions—pt 4A 22A Definitions—pt 4A 13 22B Requirement to give reasons statements 13 22C Reasons statement—declaration by tribunal 14 22D Reasons statement declared insufficient 15 22E Certain material not required to be disclosed 15 22F Certain reasons statements—application of divs 4A.3 and 4A.4 16 22G Meaning of prescribed reason—div 4A.3 16 22H Public interest rules excluded from div 4A.3 17 22I Non-disclosure certificates 17 22J Dealing with non-disclosable matters—tribunal 18 22K Non-disclosure certificate without prescribed reason 19 22L Certifying authority may intervene 20 22M Appearance etc of certifying authority 20

Page contents 3 Division 4A.4 Non-disclosure—Supreme Court proceedings 22N Dealing with non-disclosable matters—Supreme Court 21 22O Non-disclosure certificate without prescribed reason—Supreme Court 22 22P Time for deciding land, planning and environment applications 22 22Q People whose interests are affected 23 22R Questions of law 23 22S People who make certain decisions 24 22T Legal and financial assistance for certain people 24 23 Tribunal decides own procedure 26 24 Rule-making power 26 25 Subject matter of rules 27 26 Tribunal may inform itself 29 27 Procedures in authorising laws 29 28 Time and place of proceedings 29 Division 5.2 Parties 29 Parties to applications 29 30 Representation 30 31 Early resolution of applications 30 32 Dismissing or striking out applications 30 33 Preliminary conferences 31 34 Admissibility of evidence given at preliminary conference 32 35 Mediation for applications 33 36 Applications to be heard 33 37 Notice of hearing 34 38 Hearings usually in public 34 39 Hearings in private or partly in private 34 40 Secrecy for private hearings etc 35 41 Powers in relation to witnesses etc 37

Page contents 4 ACT Civil and Administrative Tribunal Act 2008 41A Protection of lawyers etc and witnesses 38 42 Arrest if people fail to appear 39 43 Executing a warrant 40 45 Taking part other than in person 41 46 Lodging documents 41 47 Amending documents 41 47A Procedure in absence of party 41 48 Costs of proceedings 42 48A Costs of proceedings relating to review of decisions under Freedom of Information Act 2016 44 49 Costs for contravening an order 44 50 Disclosure of material interests by tribunal members 45 51 Reporting of disclosed tribunal member interests to Minister 47 52 Decisions by majority or presiding member 48 53 Interim orders 48 54 Decisions without hearing 49 55 Powers of tribunal if parties reach agreement 50 55A Conciliated agreement orders 51 55B Consumer complaints—orders giving effect to conciliation agreements 51 56 Other actions by tribunal 52 57 Powers and decisions in authorising laws 53 58 No limitation on other functions of tribunal 53 59 Tribunal to record details of order and give copy to parties 53 60 Statement of reasons 54 61 Making and effect of orders 55 62 Reserving decisions 55 63 Correction of errors 56 Division 6.2 Powers and decisions in applications for occupational discipline 64 Definitions—div 6.2 56

Page contents 5 65 Considerations before making orders on application for occupational discipline 56 66 Orders for occupational discipline 57 67 Kinds of directions for licensed and registered people 58 Division 6.3 Powers and decisions in applications for administrative review 67A Reviewable decision notice 59 67B Internal review notice 60 68 Review of decisions 61 69 Effect of orders for administrative review 61 69A Meaning of appropriate court—pt 7 62 70 Application of Criminal Code, ch 7 62 71 Enforcement of orders 62 72 Faulty filed orders referred back to tribunal 63 73 Fixed faulty orders 64 74 Failure to comply with order 64 75 Nonpayment of amounts ordered to be paid 65 76 Suspension or cancellation on warning notice 66 77 Referral of questions of law within tribunal 67 78 Correction requests 67 79 Appeals within tribunal 68 80 Dismissing appeals 69 81 Constitution of appeal tribunal 70 82 Appeal tribunal—general powers 71 Division 8.1A Removal of combined fair work matter 82A Removal from tribunal to Magistrates Court—combined fair work matter 71 83 Removal of applications from tribunal to Supreme Court 72 84 Referral of questions of law to Supreme Court 72

Page contents 6 ACT Civil and Administrative Tribunal Act 2008 85 Tribunal may not deal with appeals more suited to Supreme Court 73 86 Appeals to Supreme Court 73 87 Sending documents and things to Supreme Court 74 88 Establishment of tribunal 76 89 Constitution of tribunal for applications 76 90 Considerations before allocating tribunal members to application 77 91 President to nominate presiding member 77 92 Tribunal member for an application not available 77 93 Constitution of tribunal to exercise other functions 78 94 Appointment of presidential members 78 95 Requirements of appointment—presidential members 79 96 Appointment of non-presidential members 80 97 Appointment of assessors 80 98 Term of appointment 81 99 Ending appointments 81 100 Conditions of appointment generally 82 102 Retirement 82 103 Presidential members not to do other work 83 104 Functions of presidential members generally 83 105 Functions of president 83 105A Advising Attorney-General about systemic problems 84 107 Functions of non-presidential members 84 108 Functions of assessors 84 109 Undertaking before exercising tribunal member functions 85 110 Appointment of registrar 85 111 Functions of registrar—non-presidential functions 85 112 Functions of registrar—other 86 113 Delegation of functions of registrar 86 114 Deputy registrars 86

Page contents 7 115A Definitions—pt 9A 87 115B ACAT trust account 87 115C Use of trust amounts 87 115D Territory entities to pay amounts to ACAT trust account 88 116 Protection of members etc from liability 89 117 Approved forms 89 118 Regulation-making power 90 Schedule 1 Undertaking for exercise of tribunal member functions 91 Dictionary 92 1 About the endnotes 97 2 Abbreviation key 97 3 Legislation history 98 4 Amendment history 105 5 Earlier republications 119 6 Expired transitional or validating provisions 122

An Act to establish the ACT Civil and Administrative Tribunal to resolve issues arising under certain legislation, and for other purposes

1 Name of Act This Act is the ACT Civil and Administrative Tribunal Act 2008.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘contract application, for part 4 (Civil disputes)—see section 15.’ means that the term ‘contract application’ is defined in that section for part 4. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Objects of Act The objects of this Act are— (a) to provide for a wide range of matters arising under legislation to be resolved by the ACT Civil and Administrative Tribunal; and (b) to ensure that access to the tribunal is simple and inexpensive, for all people who need to deal with the tribunal; and (c) to ensure that applications to the tribunal are resolved as quickly as is consistent with achieving justice; and (d) to ensure that decisions of the tribunal are fair; and (e) to enhance the quality of decision making under legislation; and (f) to encourage, and bring about, compliance in decision making under legislation; and (g) to encourage tribunal members to act in a way that promotes the collegiate nature of the tribunal; and Note Unless otherwise provided by this Act, the tribunal for the exercise of functions, other than functions in relation to applications, is made up of the presidential members (see s 93). (h) to identify and bring to the Attorney-General’s attention systemic problems in relation to the operation of authorising laws.

7 Tribunal principles In exercising its functions under this Act, the tribunal must— (a) seek to ensure the procedures of the tribunal— (i) are as simple, quick, inexpensive and informal as is consistent with achieving justice; and

Objects and important concepts Part 2 (ii) are implemented in a way that facilitates the resolution of the issues between the parties so that the cost to the parties and the tribunal is proportionate to the importance and complexity of the subject matter of the proceeding; and (b) observe natural justice and procedural fairness.

7A Duties of parties, authorised representatives and others Each party to a proceeding, their authorised representative and anyone else accompanying the party or allowed to participate in the proceeding has a duty— (a) to cooperate with the tribunal to give effect to the tribunal principles mentioned in section 7; and (b) to comply with the Act and any directions. made or in force under the Act, including any regulation or rules (see Legislation Act, s 104).

8 Rules of evidence To remove any doubt, the tribunal need not comply with the rules of evidence applying in the ACT. Note The tribunal may inform itself in any way it considers appropriate in the circumstances (see s 26).

9 Applications under authorising laws A person may apply to the tribunal if an authorising law provides that the application may be made. Note A registrar may help a person make an application to the tribunal as the registrar considers appropriate—see s 112 (1) (b).

10 Making an application (1) An application to the tribunal must— (a) comply with the rules; and (b) be in writing, whether with or without a registrar’s help; and (c) state the reasons for making the application; and (d) be lodged at the tribunal registry. (2) An application to the tribunal for review of a decision must be made by a person within 28 days after the day the decision to be reviewed is made. Note The rules may prescribe a longer period for making the application (see s 25 (1) (e) and (2)). (3) However— (a) if notice of the decision is given to the person later than 5 days after the day the decision is made—the application may be made within 28 days after the day the notice is given; and (b) if notice of the decision is required to be given to the person under this Act or an authorising law, but is not given—the application may be made within 28 days after the day the person becomes aware of the decision; and

Applications to tribunal Part 3 (c) if the decision is taken to have been made under section 12 (When no action taken to be decision)—the application may be made within 28 days after the end of the period or reasonable period mentioned in the section.

11 Applications subject to authorising laws The right under an authorising law to make an application to the tribunal is subject to any condition stated in the authorising law.

12 When no action taken to be decision (a) an entity (the decision-maker) is required or allowed to do something under an authorising law; and (b) the decision-maker has not done the thing within the period for doing the thing under the authorising law or, if no period is stated under the authorising law, a reasonable period for doing the thing; and (c) the authorising law provides that a person may apply to the tribunal for review of a decision under the authorising law in relation to doing the thing. (2) The decision-maker is taken to have decided, at the end of the period for doing the thing, not to do the thing.

15 Definitions—pt 4 common boundaries determination means a determination under the Common Boundaries Act 1981, and includes a variation of a determination. contract application means an application in relation to a contract, and includes an application for damages for breach of contract. damages application means an application for damages for negligence or for any other tort except nuisance or trespass. debt application means an application for the recovery of a debt. debt declaration, in relation to an application, means an order declaring that— (a) the applicant is or is not indebted to the respondent; or (b) the applicant is or is not indebted to the respondent for a stated amount; or (c) the applicant is or is not indebted to the respondent for an amount that is more than a stated amount. goods application means an application in relation to the provision of goods or services, and includes an application for damages for the detention, or return, of goods. nuisance application means an application for relief for nuisance. trespass application means an application for relief for trespass to land.

Civil disputes Part 4

16 Meaning of civil dispute and civil dispute application— Act (1) In this Act: civil dispute means a dispute in relation to which a civil dispute application may be made. civil dispute application means an application that consists of 1 or more of the following applications: (a) a contract application; (b) a damages application; (c) a debt application; (d) a goods application; (e) a nuisance application; (f) a trespass application; (g) an application for a debt declaration; (h) an application for a common boundaries determination; (i) an application for an order under the Australian Consumer Law (ACT); (j) an application stated to be a civil dispute application in an authorising law. (2) To remove any doubt, a civil dispute application does not include a fair work claim. Note 1 A fair work claim may be started in the Magistrates Court (see Magistrates Court Act 1930, pt 4.2A). Note 2 Orders may be sought for the contravention of a civil remedy provision in the Federal Court and Federal Circuit and Family Court of Australia (Division 2) (see Fair Work Act 2009 (Cwlth), s 539).

17 Civil dispute applications A person may make a civil dispute application to the tribunal. 18 $25 000 limit on civil dispute applications (1) A civil dispute application cannot be made to the tribunal for an amount greater than the tribunal’s jurisdictional limit, unless section 20 (Abandoning excess to come within jurisdiction) or section 21 (Jurisdiction by agreement—amounts over $25 000) allows the application to be made. (2) The tribunal’s jurisdiction is limited to— (a) civil dispute applications claiming amounts of not more than $25 000; or (b) in relation to debt declarations—applications for declarations for debts of not more than $25 000. Note For working out an amount to decide whether the tribunal has jurisdiction—see s 19. (3) This section does not apply to— (a) an application for a common boundaries determination; or (b) an application prescribed by regulation.

19 Working out amount of application for jurisdiction (1) In working out the amount claimed, or the amount sought to be declared as a debt, to decide whether the tribunal has jurisdiction in relation to a civil dispute application, the following amounts for the application are to be disregarded: (a) a claim for interest; (b) a claim for a lump sum instead of interest.

Civil disputes Part 4 (2) In working out the amount claimed, to decide whether the tribunal has jurisdiction in relation to a goods application, the following amounts are to be considered: (a) the value of the goods or services; (b) any amount claimed for damages for the detention of the goods.

20 Abandoning excess to come within jurisdiction (1) This section applies if a person would be entitled to make an application claiming an amount greater than $25 000 in a court of competent jurisdiction. (2) The person may, by a civil dispute application to the tribunal, abandon the excess by limiting the claim to $25 000.

21 Jurisdiction by agreement—amounts over $25 000 (a) a civil dispute application could be made to the tribunal but for section 18 ($25 000 limit on civil dispute applications); and (b) the parties agree to the application being decided by the tribunal; and (c) the tribunal is satisfied that the parties understand that the amount of the claim in excess of $25 000 is not being abandoned. (2) The civil dispute application may be made, and the tribunal has jurisdiction to hear the application, despite section 18.

22 Tribunal jurisdiction and powers of Magistrates Court (1) The tribunal has, in relation to civil dispute applications, the same jurisdiction and powers as the Magistrates Court has under the Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).

(2) However, a rule may prescribe provisions of the Magistrates Court Act 1930, part 4.2 that do not apply in relation to the tribunal. Note The Magistrates Court Act 1930, pt 4.2 deals with the civil jurisdiction of the Magistrates Court, including that the Magistrates Court— (a) may hear and decide any personal action at law, including an action relating to the detention of goods, subject to a monetary limit (see s 257); and (b) may grant any relief, redress or remedy and must give effect to any defence, counterclaim or set-off in the same way as the Supreme Court (see s 258); and (c) does not have jurisdiction to hear and decide a proceeding questioning title to land (unless incidental in the proceeding) (see s 264).

Definitions—pt 4A Division 4A.1

Division 4A.1 Definitions—pt 4A

22A Definitions—pt 4A certifying authority, in relation to a non-disclosure certificate, means the entity that gives the certificate. decision-maker, for a reviewable decision, means— (a) the person who makes the decision; or (b) if no-one is occupying the decision-maker’s position, or the position no longer exists—someone else declared by the tribunal to be the decision-maker for the decision. Note A reference to the occupant of a position (however expressed) includes a reference to anyone for the time being occupying the position (see Legislation Act, s 185). non-disclosure certificate means a certificate under section 22I. reasons statement—see section 22B. reviewable decision means a decision that may be reviewed by the

22B Requirement to give reasons statements (a) a decision-maker makes a reviewable decision; and (b) within 28 days after the day the decision is made, a person (the applicant) who may apply for review of the decision asks the decision-maker in writing for a statement of reasons for the decision (a reasons statement).

Note The rules may prescribe a longer period for asking for a statement of reasons (see s 25 (1) (e) and (2)). (2) The decision-maker must give the applicant a written reasons statement for the decision within 28 days after the day the applicant asks for the statement unless— (a) the decision contains the matters that a reasons statement would contain; or (b) a document that contains the matters that a reasons statement would contain has already been given to the applicant; or (c) section 22E (Certain material not required to be disclosed) applies in relation to the decision. Note For what must be included in a statement of reasons, see the Legislation Act, s 179.

22C Reasons statement—declaration by tribunal (1) A person (the declaration applicant) to whom a reasons statement has been given may apply to the tribunal for a declaration under this section. (2) If the tribunal considers that the information included in the reasons statement is not sufficient, the tribunal may declare that the statement is not sufficient. Examples—why reasons statement is insufficient 1 insufficient particulars of findings on material questions of fact 2 insufficient reference to evidence or other material on which findings based 3 insufficient particulars of reasons for decision (3) The declaration must explain why the reasons statement is not sufficient. (4) A copy of the declaration must be given to the declaration applicant and decision-maker.

Reasons statements Division 4A.2

22D Reasons statement declared insufficient (1) This section applies if the tribunal declares under section 22C that a reasons statement is insufficient. (2) The decision-maker must, within 28 days after the day the tribunal makes the declaration, give the person who applied for the declaration an additional statement containing the information, evidence, material or anything else required to make the reasons statement sufficient. (3) For this Act— (a) the additional statement is taken to be part of the reasons statement; and (b) the reasons statement is taken to have been given when the additional statement is given.

22E Certain material not required to be disclosed (1) This section applies if the Minister certifies in writing that the disclosure of a stated matter proposed to be included in a decision-maker’s reasons statement is not in the public interest— decisions of the Executive or an Executive committee; or basis for a claim by the Territory in a judicial proceeding that the matter should not be disclosed. (2) The decision-maker— (a) is not required to include the matter in the statement; and (b) if the statement would be false or misleading if it did not include the matter—is not required to give the statement.

(3) The decision-maker must, within 28 days after the day the Minister makes the certificate, tell the applicant in writing— (a) if the matter is not included in the reasons statement—that the matter is not included, and the reason for not including the matter; or (b) if the statement is not given—that the statement will not be given, and the reason for not giving the statement.

22F Certain reasons statements—application of divs 4A.3 and 4A.4 (a) the Minister has given a certificate in relation to a reasons statement mentioned in section 22E (3) (a) about a decision; and (b) the decision is the subject of an application for review to the (2) Division 4A.3 and division 4A.4 apply in relation to the certificate as if it were a non-disclosure certificate.

22G Meaning of prescribed reason—div 4A.3 In this division: prescribed reason, for the giving of a non-disclosure certificate, means a reason mentioned in section 22I in relation to the certifying authority, other than a reason stated in the certificate that could form the basis for a claim in a judicial proceeding that the information or matter should not be disclosed.

Tribunal hearings—non-disclosure Division 4A.3

22H Public interest rules excluded from div 4A.3 (1) This division excludes the operation of any rule of law that relates to the public interest and would otherwise apply in relation to the disclosure of information, or a matter stated in a document, in a proceeding before the tribunal. (2) However, this division does not exclude the operation of the Human Rights Act 2004.

22I Non-disclosure certificates (1) The Minister may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest— decisions of the Executive or an Executive committee; or basis for a claim by the Territory in a judicial proceeding that the information or matter should not be disclosed. (2) The Commonwealth Attorney-General may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest— (a) because it would prejudice the security, defence or international relations of the Commonwealth; or (b) because it would involve the disclosure of deliberations or decisions of the Commonwealth Cabinet or a Cabinet committee; or (c) for any other reason stated in the certificate that could form the basis for a claim by the Commonwealth in a judicial proceeding that the information or matter should not be disclosed.

(3) The Attorney-General of a State or another Territory may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest— decisions of the Cabinet or Executive, or a committee of the Cabinet or Executive, of the State or other Territory; or basis for a claim by the State or other Territory in a judicial proceeding that the information or matter should not be disclosed.

22J Dealing with non-disclosable matters—tribunal (a) a person (the relevant person) is required under this Act to— (i) disclose information for a tribunal proceeding; or (ii) produce a document to, or lodge a document with, the (b) the information is, or the document states, a matter (the non-disclosable matter) to which a non-disclosure certificate relates. (2) The relevant person must disclose the information, or produce or lodge the document, as required. (3) However, the tribunal must do everything reasonably necessary to ensure that— (a) the non-disclosable matter is not disclosed to anyone other than a tribunal member hearing the proceeding; and (b) for a document produced to or lodged with the tribunal—the document is returned to the relevant person.

Tribunal hearings—non-disclosure Division 4A.3 (4) This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the tribunal in the course of the exercise of the member’s functions as a staff member. (5) This section is subject to section 22K and section 87 (Sending documents and things to Supreme Court).

22K Non-disclosure certificate without prescribed reason (a) a certifying authority gives a non-disclosure certificate in relation to information or a matter; and (b) the non-disclosure certificate does not include a prescribed reason for the giving of the certificate. (2) The certifying authority is a party to the proceeding in which the information or matter is to be considered. (3) The tribunal must decide whether the information or matter should be disclosed to a party to the proceeding. (4) Before making the decision, the tribunal must consider the following: (a) that the parties to a proceeding should be made aware of all relevant matters; (b) any reason why the disclosure of the information or matter is not in the public interest that is stated in the non-disclosure certificate. (5) If the tribunal decides that the information or matter should be disclosed, the tribunal must— (a) give each party to the proceeding written notice of the decision; and (b) make the information available or allow the part of the document stating the matter to be inspected.

22L Certifying authority may intervene (1) This section applies if a person (the asked person) is asked a question while giving evidence at a tribunal hearing. (2) A certifying authority may tell the tribunal that, in the authority’s opinion, answering the question would not be in the public interest for a stated reason mentioned in section 22I (Non-disclosure certificates). (3) The certifying authority is a party to the proceeding. (4) The asked person is excused from answering the question unless— (a) if the reason stated is, or the reasons stated include, a prescribed reason—the Supreme Court, on a reference under section 84, decides that it would not be against the public interest to answer the question; or (b) in any other case—the tribunal decides that it would not be against the public interest to answer the question. (5) If the tribunal decides that it would not be against the public interest to answer the question, the tribunal must give each party written notice of the decision.

22M Appearance etc of certifying authority A certifying authority may— (a) appear before the tribunal personally, or may be represented before the tribunal by a lawyer or someone else, to tell the tribunal the authority’s opinion under section 22L; or (b) tell the tribunal the authority’s opinion by giving the tribunal a signed certificate setting out the opinion.

Non-disclosure—Supreme Court proceedings Division 4A.4 Division 4A.4 Non-disclosure—Supreme Court proceedings

22N Dealing with non-disclosable matters—Supreme Court (a) a person is required under this Act to— (i) disclose information for a tribunal proceeding; or (ii) produce a document to, or lodge a document with, the (b) the information is, or the document states, a matter (the non-disclosable matter) to which a non-disclosure certificate relates; and (c) a Supreme Court proceeding begins in relation to the tribunal proceeding. Note This section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F). (2) The Supreme Court must do everything reasonably necessary to ensure that the non-disclosable matter is not disclosed to anyone other than a member of the court as constituted for the proceeding. Note At the end of the Supreme Court proceeding, the court must return a document or thing that was sent to the court by the tribunal to the tribunal (see s 87). (3) This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the court in the course of the exercise of the member’s functions as a staff member. Supreme Court proceeding—see section 87.

22O Non-disclosure certificate without prescribed reason— Supreme Court (a) a certifying authority gives a non-disclosure certificate in relation to information or a matter; and (b) the non-disclosure certificate does not include a prescribed reason for the giving of the certificate; and (c) a question for decision by the Supreme Court is whether the information or matter should be disclosed to a party to the tribunal proceeding; and (d) the court decides that the information or matter should be disclosed. (2) The court must make the information available or allow the part of the document stating the matter to be inspected. Note This section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F).

22P Time for deciding land, planning and environment applications (1) This section applies in relation to an application for review by the tribunal of a decision under any of the following Acts: • Heritage Act 2004 • Planning Act 2023 • Urban Forest Act 2023. (2) The tribunal must decide the application within 120 days after the day the application is made.

Miscellaneous Division 4A.5 (3) However, the president may, in writing, extend the period for deciding the application if satisfied that the extension is in the interests of justice. (4) A failure to comply with this section in relation to an application does not affect the validity of a decision on the application.

22Q People whose interests are affected (1) In an authorising law, a reference to a person whose interests are affected by a decision (however described) includes a reference to an unincorporated body, the Territory, the Commonwealth, a territory authority or Commonwealth authority. (2) A body has interests that are affected by a decision if the decision relates to a matter included in the objects or purposes of the body. (3) Subsection (2) does not apply in relation to a decision given before the body was formed or before the objects or purposes of the body included the matter. (4) The tribunal may decide whether or not a person’s interests are affected by a decision, and the tribunal’s decision is conclusive. Commonwealth authority means a body established under a Commonwealth law.

22R Questions of law For this Act, each of the following is a question of law: (a) the question whether information, or matter contained in a document, should be disclosed to the parties to a proceeding; (b) the question whether the answering by a person of a question would be contrary to the public interest.

22S People who make certain decisions (1) In this Act or an authorising law, a reference to a person (the decision-maker) who makes an internally reviewable decision or reviewable decision includes, if the decision-maker is an unincorporated body, the Territory or a territory authority, a reference to the body, Territory or authority. (2) In this section: internally reviewable decision means a reviewable decision that, under an authorising law, may be internally reviewed or reconsidered before review by the tribunal. reviewable decision means a decision that, under an authorising law, is reviewable by the tribunal.

22T Legal and financial assistance for certain people (1) This section applies to a person who, in relation to a matter arising under this part— (a) makes, or proposes to make, an application to the tribunal; or (b) is a party to an application before the tribunal made by another person; or (c) proposes to begin a proceeding for review of a decision, or is a party to a proceeding, before a court. (2) The person may apply to the Minister for assistance in relation to the application or proceeding. (3) The Minister may authorise the provision by the Territory of legal or financial assistance determined by the Minister in relation to the application or proceeding if satisfied that— (a) it would involve hardship to the person to refuse the application; and

Miscellaneous Division 4A.5 (b) in all the circumstances, it is reasonable that the application be granted. (4) The Minister may impose conditions on the authorisation to provide assistance.

23 Tribunal decides own procedure (1) The tribunal may decide its own procedure at any stage in dealing with an application if no procedure is prescribed for the application under this Act or an authorising law. Note 1 The procedures of the tribunal must be as simple, quick, inexpensive and informal as is consistent with achieving justice (see s 7 (a)). Note 2 A reference to an Act includes a reference to any statutory instrument made or in force under the Act (see Legislation Act, s 104). (2) The tribunal may, by order, dispense with the application of a provision of the rules to a particular proceeding on any conditions it considers appropriate. (3) The tribunal may make an order under subsection (2) on application by a party, another person or on its own initiative.

24 Rule-making power (1) The tribunal may make rules in relation to the practice and procedure of the tribunal and the tribunal registry. Note The power to make rules for the tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the tribunal (see Legislation Act, s 45). (2) In making a rule, the tribunal must consider— (a) the requirement to ensure that applications to the tribunal are resolved as quickly as is consistent with achieving justice; and

Procedures generally Division 5.1 (b) the requirement for procedures of the tribunal to be as simple, quick, inexpensive and informal as is consistent with achieving justice; and (c) rules dealing with similar matters under the Court Procedures Rules 2006; and (d) if the rule is a kind mentioned in section 25 (1) (e)—the desirability of being able to rely on the words in the Act. (3) This section does not limit the power of the tribunal or a tribunal member to control proceedings. (4) A rule is a notifiable instrument. (5) The tribunal must provide the rule-making committee, under the Court Procedures Act 2004, with a copy of a rule made by the

25 Subject matter of rules (1) The rules the tribunal may make under section 24 include, but are not limited to, rules to do the following: (a) to allow the tribunal to make orders in a short form; (b) to prescribe how the tribunal may deal with applications and other proceedings, including when a tribunal may stop a person representing another person before the tribunal; (c) to facilitate the early resolution of matters arising in applications; The tribunal may make rules about referring an application to an agency that the tribunal considers is more appropriate to handle the application. (d) to prescribe the functions, and limits on the functions, of a registrar;

(e) to prescribe a time for doing a thing by a person that is longer than the time for doing the thing provided under this Act or an authorising law— (i) in relation to an application to the tribunal; but (ii) not in relation to any thing to be done by the tribunal; a rule about the time for filing an application (f) to allow the tribunal to make orders about costs for complying with subpoenas; (g) to prescribe when the tribunal must make a person a party to a proceeding before the tribunal; (h) to prescribe what happens if a decision that is the subject of an application for review to the tribunal is reconsidered. (2) If a rule of a kind mentioned in subsection (1) (e) prescribes a time for doing something that is longer than the time for doing the thing set out in this Act or an authorising law, the time for doing the thing is the longer time prescribed by rule. (3) To remove any doubt, a rule of a kind mentioned in subsection (1) (e) cannot prescribe a time for doing a thing that is longer than the time prescribed by an authorising law if the authorising law provides that the thing cannot be done in the longer time. Note Any procedure under an authorising law for dealing with an application prevails over the procedures set out in the rules for dealing with the application (see s 27). For example, the Planning Act 2023, s 507 (4) provides, in relation to applications for review by third parties, that the period for making an application for review of a decision under that Act cannot be extended. That provision prevails over any rule to extend the time for making an application under that Act.

Parties Division 5.2

26 Tribunal may inform itself The tribunal may inform itself in any way it considers appropriate in the circumstances. 1 asking an assessor for expert advice on a matter 2 relying on previous experience in relation to the matter

27 Procedures in authorising laws (1) An authorising law may set out procedures for dealing with an application made under the authorising law. (2) Any procedure under an authorising law for dealing with an application prevails over the procedures set out in this Act or the rules for dealing with the application, to the extent of any inconsistency. (3) To remove any doubt, this Act is not inconsistent with an authorising law only because 1 Act deals with a matter and the other does not. 28 Time and place of proceedings The tribunal sits at the times and places the president decides. Division 5.2 Parties 29 Parties to applications (1) The parties to an application are the applicant and the respondent, unless this section or an authorising law otherwise provides. (2) The parties to an application for occupational discipline are the entity bringing the application and the person to whom the application relates. (3) The parties to an application for review of a decision are the applicant and the decision-maker.

(4) The party to an application for an advisory opinion is the applicant. (5) The tribunal may, by written notice to the parties to an application, join a person as a new party to the application if— (a) the person has an interest in the application; or (b) for an appeal—the person was a party to the original decision. (6) The tribunal must not join a person as a new applicant to an application if the person is not entitled to apply to the tribunal under the authorising law under which the application is made. Example—s (6) Under the Planning Act 2023, s 506 only an entity mentioned in relation to a decision in that Act may apply for review of a decision.

30 Representation A person may, in relation to an application before the tribunal, appear in person or be represented by a lawyer or someone else (other than a person prescribed under the rules). Note The rules may make provision about when the tribunal may stop a person representing another person before the tribunal (see s 25 (1) (b)).

31 Early resolution of applications If the tribunal considers it appropriate, the tribunal may take all reasonably practicable steps to resolve matters arising in an application before the application is heard.

32 Dismissing or striking out applications (1) This section applies if the tribunal considers that an application, or part of an application is–– (a) frivolous or vexatious; or (b) lacking in substance; or

Case management Division 5.3 (c) otherwise an abuse of process; or (d) made by a person who has been dealt with by a court or tribunal in Australia as frivolous or vexatious. (2) The tribunal may, by order, do 1 or more of the following: (a) refuse to hear the application or part of the application; (b) dismiss the application or part of the application; (c) direct that the person who made the application not make a subsequent application to the tribunal of the kind stated in the direction— (i) within a stated period of time; or (ii) without the leave of the tribunal. Note If the application is for review of a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023, the tribunal may also order the applicant to pay costs (see s 48 (2) (d)). (3) The tribunal may make an order under subsection (2) on its own initiative or on application by a party. (4) The tribunal may vary or revoke a direction given under subsection (2) (c)— (a) on its own initiative; or (b) on application by the person who is the subject of the order.

33 Preliminary conferences (1) The tribunal may require the parties to an application to attend a preliminary conference.

(2) The tribunal may make inquiries, or require further information from a party, for or during a preliminary conference. The tribunal may talk to the person who made a complaint to which an application for occupational discipline relates. Note Consequences for failure to comply with an order of the tribunal are set out in s 48 (2) (c) and s 74.

34 Admissibility of evidence given at preliminary conference (1) Evidence given by a person before the tribunal during a preliminary conference is not admissible in evidence against the person in a criminal proceeding, other than a proceeding for— (a) an offence in relation to the falsity or misleading nature of the evidence; or (b) an offence against the Criminal Code, chapter 7 (Administration of justice offences). (2) Also, any information obtained, directly or indirectly, because of the giving of further information by a person in accordance with a requirement under section 33 (2), or the giving of evidence by a person before the tribunal during a preliminary conference, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for— (a) an offence in relation to the falsity or the misleading nature of the information or evidence; or (b) an offence against the Criminal Code, chapter 7 (Administration of justice offences). (3) Evidence of any words spoken at a preliminary conference must not be admitted in a proceeding under this Act.

35 Mediation for applications (1) This section applies if the tribunal considers that a matter to which an application relates— (a) is suitable for mediation; and (b) is reasonably likely to be resolved by mediation. (2) The tribunal may, by order— (a) refer the matter to an accredited mediator for mediation; and (b) require the parties to attend the mediation. (3) The tribunal may make the order on its own initiative or on application by a party. Note 1 Consequences for failure to comply with an order of the tribunal are set out in s 48 (2) (c) and s 74. Note 2 The Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation ordered under this section.

36 Applications to be heard The tribunal must hear each application made to it unless the tribunal— (a) refuses to hear the application, or part of the application, or dismisses it; or (b) decides not to hold a hearing. Note 1 The tribunal may refuse to hear an application, or part of an application, or dismiss it under s 32 (2) (a) and (b) and decide not to hold a hearing under s 54. Note 2 The tribunal may make rules to facilitate the early resolution of matters arising in applications, including rules about referring an application to an agency that the tribunal considers is more appropriate to handle the application (see s 25 (1) (c)).

37 Notice of hearing A registrar must give written notice of the time and place for the hearing of an application to the parties.

38 Hearings usually in public (1) The hearing of an application by the tribunal must be in public. (2) However, this section does not apply to a hearing, or part of a hearing, if the tribunal makes an order under section 39 in relation to the hearing, or part.

39 Hearings in private or partly in private (1) This section applies in relation to an application, or part of an application, if the tribunal is satisfied that the right to a public hearing is outweighed by competing interests. Note See s (5) in relation to competing interests. (2) The tribunal may, by order, do 1 or more of the following: (a) direct that the hearing of the application, or part of the hearing, take place in private and give directions about the people who may be present; (b) give directions prohibiting or restricting the publication of evidence given at the hearing, whether in public or private, or of matters contained in documents filed with the tribunal or received in evidence by the tribunal for the hearing; (c) give directions prohibiting or restricting the disclosure to some or all of the parties to the application of evidence given at the hearing, or of a matter contained in a document lodged with the tribunal or received in evidence by the tribunal for the hearing. (3) The tribunal may make an order under subsection (2) on application by a party or on its own initiative.

(4) A person must not contravene an order under subsection (2) (b) or (c). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) For this section, the right to a public hearing is outweighed by competing interests if the tribunal is satisfied that the application, or part of the application, should be kept private— (a) to protect morals, public order or national security in a democratic society; or (b) because the interest of the private lives of the parties require the privacy; or (c) to the extent privacy is strictly necessary, in special circumstances of the application, because publicity would otherwise prejudice the interests of justice.

40 Secrecy for private hearings etc (1) In this section: court includes any entity with power to require the production of documents or answering of questions. divulge includes communicate. produce includes allow access to. protected information means information that is disclosed to, or obtained by, a person to whom this section applies if— (a) the information is disclosed to the person because of the exercise of a function under this Act by the person or someone else; and (b) at disclosure, the function is being exercised in relation to— (i) a hearing held in private; or (ii) evidence, or a document, to which a direction under section 39 (2) (b) or (c) applies.

(2) This section applies to a person who is, or has been— (a) a tribunal member; or (b) a member of the staff of the tribunal; or (c) acting under the direction or authority of the tribunal. (3) The person commits an offence if— (a) the person— (i) makes a record of protected information; and (ii) is reckless about whether the information is protected information; or (b) the person— (i) does something that divulges protected information; and (ii) is reckless about whether— (A) the information is protected information; and (B) doing the thing would result in the information being divulged. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) This section does not apply if the record is made, or the information is divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. (5) The person need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.

41 Powers in relation to witnesses etc (1) The tribunal may, by subpoena given to a person, require the person, at a stated time and place, to appear before the tribunal to do 1 or more (a) produce a stated document or other thing relevant to the hearing; (b) give evidence. Note Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001). (2) A person is taken to have complied with a subpoena under subsection (1) (a) if the person gives the document or other thing to the tribunal before the date stated in the subpoena for its production. (3) The tribunal may give a party leave— (a) to inspect, or make a copy of, a document produced under a subpoena; or (b) to inspect another thing produced under a subpoena. (4) The presiding member at the hearing of an application may require a person appearing before the tribunal to give evidence to do 1 or more (a) take an oath; (b) answer a question relevant to the hearing; (c) produce a stated document or other thing relevant to the hearing. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

(5) If a subpoena is issued to give evidence under subsection (1) (b), the subpoena must— (a) state the time and place at which the person must appear before the tribunal; and (b) include— (i) a statement to the effect that the person may be represented before the tribunal by a lawyer or someone else; and (ii) if the rules prescribe someone who may not represent the person—a statement that the other person may not represent the person; and (iii) a statement to the effect that the person may wish to obtain legal advice in relation to the subpoena; and (c) contain a statement to the effect that the person may apply to the tribunal for a direction under section 45 (Taking part other than in person). (6) On application by a party or someone else having a sufficient interest, the tribunal may set aside a subpoena completely or partly. (7) The tribunal is taken to be a court of competent jurisdiction for the Health Records (Privacy and Access) Act 1977 when exercising its powers under this section.

41A Protection of lawyers etc and witnesses (1) A lawyer or anyone else appearing before the tribunal for a party has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the Supreme Court.

(2) A person appearing as a witness before the tribunal— (a) has the same protection as a witness in a proceeding in the Supreme Court; and (b) in addition to the penalties provided by this Act, is subject to the same liabilities as a witness in a proceeding in the Supreme Court.

42 Arrest if people fail to appear (1) If a person who is subpoenaed to appear before the tribunal under section 41 does not appear, a presidential member may, on proof of the service of the subpoena, issue a warrant to arrest the person and bring the person before the tribunal. (2) However, the presidential member may only issue a warrant if satisfied that— (a) the tribunal has taken reasonably practicable steps to contact the person; and (b) the issue of a warrant is in the interests of justice. (3) In deciding whether it is in the interests of justice to issue a warrant, the presidential member must consider the following: (a) the importance of the evidence that the presidential member expects the person to give; (b) whether the evidence could be obtained by other means; (c) the nature of the application; (d) the degree of urgency to resolve the matter; (e) the likelihood that issuing the warrant would secure the person’s attendance at the hearing;

(f) if the presidential member has contacted the person— (i) the reason (if any) given by the person for not attending under the subpoena; and (ii) the impact of using the warrant for the arrest of the person.

43 Executing a warrant (1) This section applies if a presidential member issues a warrant under section 42. (2) The warrant authorises a police officer to— (a) arrest the person named in the warrant; and (b) bring the person before the tribunal. (3) A police officer executing the warrant— (a) may, with necessary assistance and force, enter any premises to arrest the person named in the warrant; and (b) must use not more than the minimum amount of force necessary to arrest the person and remove the person to the place stated in the warrant; and (c) must, before removing the person, explain to the person the purpose of the warrant; and (d) must bring the person immediately before a presidential member; and (e) if a person is under a legal disability—must inform a parent or guardian of the person of the arrest. (4) If, after arresting the person, the police officer believes on reasonable grounds that the person cannot be brought immediately before a presidential member, the police officer must immediately release the person.

45 Taking part other than in person The tribunal may direct that a person may take part or give evidence in a preliminary conference or hearing of an application by a method of communication, or a combination of methods of communication, that allows people to hear what each other person taking part says without the people being in each other’s presence. a phone link, a satellite link, an internet or intranet link

46 Lodging documents If a document is required by this Act or an authorising law to be lodged with the tribunal, the document must be lodged at the tribunal registry. Note Documents may be lodged electronically in certain circumstances (see Electronic Transactions Act 2001).

47 Amending documents At any stage in dealing with an application, the tribunal may— (a) on its own initiative or on application by a party—order that a document in relation to the application be amended; or (b) with the agreement of the parties—give leave to a party to amend a document of the party.

47A Procedure in absence of party (a) the tribunal requires a party to appear either personally or by a representative before the tribunal in relation to an application; and (b) the party fails to appear.

(2) The tribunal may— (a) if the party is the applicant—dismiss the application; or (b) if the party is the respondent—decide the application; or (c) if the party is not the applicant or respondent—remove the party from the application; or (d) do any of the following: (i) continue with the hearing in the absence of the party either generally or in relation to any relief claimed in the application; (ii) order that the application be set down for hearing at another time; (iii) order that stated steps be taken before the hearing takes place as the tribunal directs; (iv) make any other orders that the tribunal considers appropriate. Note 1 The procedures of the tribunal must be as simple, quick, inexpensive and informal as is consistent with achieving justice and the tribunal must observe natural justice and procedural fairness (see s 7). Note 2 If the tribunal makes an order after hearing an application in the absence of a party, the tribunal may, on application by a party, amend or set aside the order (see s 56 (c) (i)).

48 Costs of proceedings (1) The parties to an application must bear their own costs unless this Act or another territory law otherwise provides or the tribunal otherwise orders.

(2) However— (a) if the tribunal decides an application in favour of the applicant, the tribunal may order the other party to pay the applicant–– (i) the filing fee for the application; and (ii) any other fee incurred by the applicant that the tribunal considers necessary for the application; or Examples––par (ii) • a fee for a business name or company search • a filing fee for a subpoena • hearing fees (b) if the tribunal considers that a party to an application caused unreasonable delay or obstruction before or while the tribunal was dealing with the application—the tribunal may order the party to pay the reasonable costs of the other party arising from the delay or obstruction; or (c) subject to section 49, if a party to the application contravenes an order of the tribunal—the tribunal may order the party to pay the costs or part of the costs of the application to the other party; or (d) if the application is an application for review of a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023, and the tribunal makes an order under section 32 (2) (Dismissing or striking out applications)—the tribunal may order the applicant to pay the reasonable costs of the other party arising from the application. Note A legal expense relating to a proceeding in the tribunal may be recoverable as a debt under the Unit Titles (Management) Act 2011, s 31.

(3) For subsection (2) (d), reasonable costs of the other party arising from the application include reasonable legal costs but do not include holding costs. Examples—holding costs • interest and lender imposed charges associated with a loan • costs of engaging workers and subcontractors and hiring equipment for a development

48A Costs of proceedings relating to review of decisions under Freedom of Information Act 2016 (a) an agency or Minister decides to refuse to give access to government information sought by an applicant under the Freedom of Information Act 2016; and (b) the applicant applies for review of the decision under that Act, section 84; and (c) the tribunal makes an order giving access to some or all of the information sought. (2) The tribunal may order the agency or Minister to pay the reasonable costs of the applicant arising from the application.

49 Costs for contravening an order (1) The tribunal may award costs against a party for contravening an order under section 48 (2) (c) only if satisfied that it is in the interests of justice to do so. (2) In deciding whether it is in the interests of justice to award costs, the tribunal must consider the following: (a) whether the contravention was deliberate or could easily have been avoided; (b) whether (and if so, the extent to which) the contravention has affected the tribunal’s ability to hear the application promptly;

(c) the importance to the community of people being able to afford to bring applications to the tribunal. (3) The tribunal may consider any other relevant matter. (4) Costs are payable in accordance with the scale of costs in the rules under the Court Procedures Act 2004 applying in relation to the Supreme Court.

50 Disclosure of material interests by tribunal members (1) If a tribunal member (the interested member) has a material interest in a matter in an application, the interested member must, as soon as practicable after the relevant facts come to the interested member’s knowledge, disclose the nature of the interest to— (a) the president, the presiding member and the parties; or (b) if the interested member is the presiding member—the president and the parties. Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest. (2) The interested member must not, unless each party consents— (a) take part, or continue to take part, in the tribunal dealing with the application; or (b) exercise any function in relation to the application. (3) If the president becomes aware that a tribunal member is, or will be, part of the tribunal dealing with an application and that the member has a material interest, the president must— (a) disclose the conflicting interest to the parties; or (b) if the president considers that the member should not take part, or should not continue to take part, in the tribunal dealing with the application—direct the member not to take part or continue to take part.

associate, of a person, includes— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation. indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in a matter if any of the following has an interest in the matter: (a) an associate of the person; (b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation if the person, or an associate of the person, is an executive officer of the corporation; (e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust; (f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership; (g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a tribunal member has a material interest in a matter if the member has— (a) a direct or indirect financial interest in the matter; or (b) a direct or indirect interest of any other kind if the interest could conflict, or reasonably be seen to conflict, with the proper exercise of the member’s functions in relation to the tribunal’s consideration of the matter.

51 Reporting of disclosed tribunal member interests to Minister (1) Not later than 31 days after the end of a financial year, the president must report to the Attorney-General in writing about— (a) each disclosure under section 50 made during the financial year; and (b) the nature of each interest disclosed; and (c) for each disclosure—whether the tribunal member who made the disclosure took part or continued to take part in the tribunal dealing with, or exercised any function in relation to, the application to which the disclosure related; and (d) each direction (if any) under section 50 (3) given during the financial year. (2) The Attorney-General must give a copy of the report to the relevant Assembly committee within 31 days after the day the Attorney-General receives the report. relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (2).

52 Decisions by majority or presiding member (1) This section applies to a tribunal constituted for an application with more than 1 tribunal member. (2) A question in the application is decided according to the decision of the majority of members (other than any assessor) of the tribunal for the application. (3) If, for any reason, the tribunal cannot reach a majority decision on a question, the decision of the presiding member is the decision of the tribunal on the question.

53 Interim orders (1) This section applies if, at any stage before an application is finalised in the tribunal— (a) a party to an application applies to the tribunal for an order under this section; and (b) the tribunal is satisfied that, if an order under this section were not made, the party applying for the order would be disadvantaged or suffer harm. (2) The tribunal may make any order (an interim order) it considers appropriate to protect the position of the party that applied for the order. (3) An interim order remains in force until— (a) the tribunal orders otherwise; or (b) the application is finalised in the tribunal.

(4) The tribunal may, on application by a party while an interim order is in force— (a) vary the order; or (b) revoke the order. (5) If the person against whom an interim order is made is not present when the order is made, a registrar must arrange for a copy of the order to be served on the person as soon as practicable after the order is made.

54 Decisions without hearing (1) The tribunal may, on application by a party or on its own initiative, decide an application on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing. Note The procedures of the tribunal must be as simple, quick, inexpensive and informal as is consistent with achieving justice and the tribunal must observe natural justice and procedural fairness (see s 7). (2) The tribunal may give each party to an application notice to the effect that— (a) the tribunal proposes to decide the application on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing; and (b) if the party wishes to make representations about the proposal, the party must make the representations within— (i) 21 days after the day the notice is given; or (ii) if the tribunal decides that a shorter period is required in all the circumstances of the application—the shorter period. Note The rules may prescribe a longer period for making representations

(3) The tribunal may decide not to hold a hearing in relation to the application only if the tribunal— (a) has given notice under subsection (2); and (b) has taken into consideration any representations made by a party within the 21-day period or shorter period decided by the tribunal under subsection (2) (b); and (c) is satisfied that— (i) it is in the public interest not to hold a hearing; and (ii) the tribunal has sufficient information to make an informed decision on the application.

55 Powers of tribunal if parties reach agreement (1) This section applies if, at any stage in dealing with an application— (a) the parties reach agreement— (i) about the terms of a tribunal decision in relation to the application; or (ii) about how to deal with a part of the application or a matter arising out of the application; and (b) the terms (the agreed terms) of the agreement are recorded by, or lodged with, the tribunal; and (c) the tribunal is satisfied that an order or decision in, or consistent with, the agreed terms would be— (i) within the powers of the tribunal; and (ii) appropriate for the tribunal to make.

(2) If the agreed terms are about a tribunal decision in relation to the application, the tribunal may, by order, make a decision in accordance with the agreed terms— (a) without holding a hearing; or (b) if a hearing has begun—without completely dealing with the application at the hearing. (3) If the agreed terms are about dealing with part of the application or a matter in relation to the application, the tribunal may give effect to the agreed terms in its decision without dealing with the matter to which the agreed terms relate at the hearing of the application.

55A Conciliated agreement orders (1) This section applies if a conciliation agreement about a complaint is given to the tribunal under the Human Rights Commission Act 2005, section 62 (3) (b). (2) The tribunal must keep a copy of the agreement. (3) On application by a party, the tribunal may make any order it considers appropriate to give effect to the agreement. (4) A decision of the tribunal to refuse to make an order under this section does not affect the validity of the conciliation agreement.

55B Consumer complaints—orders giving effect to conciliation agreements (1) This section applies in relation to a conciliation agreement made under the Fair Trading (Australian Consumer Law) Act 1992, section 34I.

(2) On application by a party to the conciliation agreement, the tribunal may make any order it considers appropriate to give effect to the agreement. (3) A decision of the tribunal to refuse to make an order under this section does not affect the validity of the conciliation agreement.

56 Other actions by tribunal The tribunal may, by order— (a) hear an application jointly with another application that arises from the same or similar facts; or (b) make other orders with the consent of the parties to the application or as the tribunal considers necessary or convenient; or an order dismissing a proceeding with the consent of the parties to the proceeding (c) amend or set aside a tribunal order if— (i) the order was made after hearing an application in the absence of a party; or Note A party may apply to the tribunal under this provision if the tribunal makes an order under s 47A after hearing an application in the absence of a party. (ii) the order is in error in relation to an amount or the name or address of a party, and the tribunal proposes to amend or set aside the order only to correct the error; or (iii) extraordinary circumstances make it appropriate to amend or set aside the order; or

(d) take any other action in relation to an application— (i) that the tribunal considers appropriate; and (ii) that is consistent with this Act or an authorising law. 1 an order dismissing a proceeding on the withdrawal of the applicant 2 an order dismissing a proceeding for want of prosecution 3 an order staying an order, pending an appeal Note 1 The tribunal must observe natural justice and procedural fairness Note 2 A reference to an Act includes a reference to the statutory instruments

57 Powers and decisions in authorising laws An authorising law may set out the powers of the tribunal, and the decisions it may make on an application made under the authorising law.

58 No limitation on other functions of tribunal This part does not limit any other function given to the tribunal under this Act or another territory law.

59 Tribunal to record details of order and give copy to parties (1) If the tribunal makes an order on an application, the tribunal must— (a) make and keep a written record of the details of the order; and (b) give each party a copy of the order within 7 days after the day the tribunal makes the order. (2) A party may ask the tribunal for a copy of the details of the order within 7 days after the day the tribunal makes the order.

(3) The tribunal must give the party a copy of the details of the order within 7 days after the day the party asks for a copy. (4) This section does not apply to an order under section 53 (Interim orders). Note The rules may prescribe a longer period for asking for order details

60 Statement of reasons (a) the tribunal makes an order on an application; and (b) within 14 days after the day the order is made, a party asks for a statement of reasons for the making of the order. (2) The tribunal must give the party a written statement of reasons or a transcript of an oral statement of reasons for the making of the order. (3) The statement of reasons must set out— (a) any principles of law relied on by the tribunal; and (b) the way in which the tribunal applied the principles of law to the facts. Note For what must be included in a statement of reasons, see the Legislation Act, s 179. (4) This section does not apply to an order under section 53 (Interim orders) or an order of a procedural nature. Examples—order of a procedural nature adjournment, order for default judgment, order joining a party to a proceeding Note The rules may prescribe a longer period for asking for order details (see s 25 (1) (e) and (2)).

61 Making and effect of orders (1) An order of the tribunal is made by the order being— (a) pronounced in the tribunal by the tribunal for the application making the order; or (b) recorded, in accordance with the tribunal’s practice, as having been entered; or (c) made available to the parties to the application at a time and place decided by the tribunal. (2) An order takes effect on the day that the order is made. (3) However, the tribunal may order that the order takes effect on an earlier or later date or at any earlier or later time.

62 Reserving decisions (1) After the tribunal finishes dealing with an application, the tribunal for an application may reserve the decision on the application, and may deliver the decision on another date or a date to be set. (2) If the tribunal reserves a decision on an application, the tribunal may arrange for a written statement of reasons for the decision to be prepared setting out the proposed order. (3) If the tribunal arranges for a statement of reasons to be prepared, the tribunal may arrange for another tribunal member to deliver the statement, even if the tribunal member was not allocated to the tribunal for the application. (4) The tribunal or tribunal member may deliver the statement by making it available to the parties at a time and place decided by the tribunal or member.

Division 6.2 Powers and decisions in applications for occupational discipline

63 Correction of errors The tribunal may correct an error in an order, including a decision, of the tribunal that arises from a clerical mistake or accidental slip or omission. Division 6.2 Powers and decisions in applications for occupational discipline

64 Definitions—div 6.2 In this division: ground for occupational discipline, in relation to a person who is licensed, or registered, under an authorising law has the same meaning as under the authorising law. subject person—see section 65.

65 Considerations before making orders on application for occupational discipline (1) This section applies if the tribunal is considering an application for occupational discipline against a person (the subject person). (2) The tribunal may make an order for occupational discipline in relation to the subject person if satisfied that a ground for occupational discipline exists against the person. (3) In considering what occupational discipline to use against the subject person, the tribunal must consider the following: (a) whether the person took reasonable steps to avoid the action (the contravention) that is the ground for occupational discipline; (b) whether occupational discipline has previously been used against the person for a similar act;

Powers and decisions in applications for occupational discipline Division 6.2 (c) whether the person has taken steps to mitigate the effect of the contravention; (d) the impact of the contravention on any other person; (e) the likelihood that the person will act in a way that is a ground for occupational discipline in the future; (f) whether the entity bringing the application has applied for particular occupational discipline to be used and, if so, the kind of occupational discipline applied for. Example—par (c) the person has changed a method of work or given a direction to staff to prevent further contraventions (4) The tribunal may consider any other relevant matter.

66 Orders for occupational discipline (1) This section applies if the tribunal may make an order for occupational discipline in relation to the subject person. Note Section 65 sets out when the tribunal may make an order. (2) The tribunal may make 1 or more of the following orders for occupational discipline in relation to the subject person: (a) reprimand the person; (b) require the person to give a written undertaking; (c) require the person to complete a stated course of training to the satisfaction of the regulatory body or another stated person; (d) give the person a direction; Note For directions that may be given, see s 67. (e) cancel or suspend the person’s licence or registration; (f) disqualify the person from applying for a licence, or registration, of a stated kind for a stated period or until a stated thing happens;

Division 6.2 Powers and decisions in applications for occupational discipline (g) if a regulatory body may put conditions on the person’s licence or registration under an authorising law—direct the regulatory body to— (i) put a condition on the person’s licence or registration; or (ii) remove or amend a condition put on the person’s licence or registration; (h) require the person to pay to the Territory or someone else a stated amount (not more than any amount prescribed by regulation); (i) if the person gained financial advantage from the action that is the ground for occupational discipline—require the person to pay to the Territory an amount assessed as the amount of financial advantage gained by the person. (3) If the ACAT cancels a person’s licence or registration, the ACAT may disqualify the person from applying for a licence or registration for a stated period or indefinitely. (4) This section does not limit the orders the tribunal may make. regulatory body means the entity responsible for issuing licences of the kind held by the subject person or for registering people in the occupation or profession in which the subject person is registered.

67 Kinds of directions for licensed and registered people (1) The tribunal may give a direction under section 66 (2) (d) that the tribunal considers appropriate in a particular case. (2) The directions the tribunal may give include a direction to comply with a requirement under an Act, a licence or registration, or to place a condition on a licence or registration. (3) A direction must state the period within which the subject person must comply with the direction.

Powers and decisions in applications for administrative review Division 6.3 (4) The tribunal may, on application, extend the period for compliance stated in a direction either before or after the end of the stated period. (5) The tribunal must not give a direction under section 66 (2) (d) that would result in inconsistency with an express requirement placed on the subject person’s licence or registration under the Act under which the person is licensed or registered. Division 6.3 Powers and decisions in applications for administrative review

67A Reviewable decision notice (1) A person who makes a reviewable decision must take reasonable steps to give written notice (a reviewable decision notice) of the decision to any person whose interests are affected by the decision. (2) Subsection (1) does not apply to a decision not to impose a liability, penalty or limitation on a person if the decision does not adversely affect the interests of another person. (3) A regulation may prescribe— (a) the time within which a reviewable decision notice must be given; and (b) what a notice must or may contain; and (c) any document or thing that must accompany a notice; and (d) anything else in relation to a notice. (4) A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision.

Division 6.3 Powers and decisions in applications for administrative review reviewable decision means a decision that, under an authorising law, is reviewable by the tribunal.

67B Internal review notice (1) A person who makes an internally reviewable decision must take reasonable steps to give written notice (an internal review notice) of the decision to any person whose interests are affected by the decision. (2) Subsection (1) does not apply to a decision not to impose a liability, penalty or limitation on a person if the decision does not adversely affect the interests of another person. (3) A regulation may prescribe— (a) the time within which an internal review notice must be given; and (b) what a notice must or may contain; and (c) any document or thing that must accompany a notice; and (d) anything else in relation to a notice. (4) A failure to comply with this section in relation to an internally reviewable decision does not affect the validity of the decision. internally reviewable decision means a reviewable decision that, under an authorising law, may be internally reviewed or reconsidered before review by the tribunal. reviewable decision—see section 67A.

Powers and decisions in applications for administrative review Division 6.3

68 Review of decisions (1) This section applies if the tribunal reviews a decision by an entity. (2) The tribunal may exercise any function given by an Act to the entity for making the decision. (3) The tribunal must, by order— (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision and— (i) make a substitute decision; or (ii) remit the matter that is the subject of the decision for reconsideration by the decision-maker in accordance with any direction or recommendation of the tribunal.

69 Effect of orders for administrative review (1) This section applies if the tribunal makes an order under section 68 (3) in relation to a decision. (2) The order— (a) is taken to be the decision of the decision-maker; and (b) takes effect from the day the tribunal makes the order, unless the tribunal orders otherwise.

69A Meaning of appropriate court—pt 7 appropriate court means— (a) if the amount payable under an enforceable money order or the form of relief under an enforceable non-money order is within the Magistrates Court’s jurisdiction—the Magistrates Court; or (b) for any other enforcement proceeding—the Supreme Court.

70 Application of Criminal Code, ch 7 A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

71 Enforcement of orders (1) A money order or non-money order made by the tribunal may be enforced by filing in the appropriate court— (a) a copy of the order sealed by the tribunal; and (b) a supporting affidavit stating— (i) for a money order—the amount owed under the money order; and (ii) for a non-money order—non-compliance with the non-money order.

Enforcement and offences Part 7 (2) The money order or non-money order is taken to be an enforceable order of the appropriate court in which it is filed for the purposes of the Court Procedures Rules 2006, part 2.18 (Enforcement). Note 1 The Court Procedures Rules 2006, r 2015 requires certain documents to be served on the enforcement debtor or other liable person before an enforcement proceeding can be started for an enforceable money order or non-money order. Note 2 A person entitled to enforce an enforceable money order or non-money order (the original order) may obtain an enforcement order from the appropriate court to enforce the original order (see Court Procedures Rules 2006, pt 2.18). money order—see the Court Procedures Rules 2006, rule 2000. non-money order—see the Court Procedures Rules 2006, rule 2000.

72 Faulty filed orders referred back to tribunal (1) This section applies if there is an error in an order (a faulty order) mentioned in section 71 (1) that prevents the appropriate court from enforcing the order. (2) The appropriate court may refer the faulty order back to the tribunal to allow the tribunal to take action to correct the order. (3) The tribunal takes action to correct a faulty order if— (a) the tribunal amends the order under section 56 (c) (Other actions by tribunal) to correct the error; or (b) the tribunal corrects the error in the order under section 63 (Correction of errors); or (c) if the order cannot be amended under section 56 (c) or the error corrected under section 63—the president requests a correction to the order under section 78 (Correction requests).

73 Fixed faulty orders (1) This section applies in relation to a faulty order if— (a) the tribunal amends the order under section 56 (c) (Other actions by tribunal) to correct the error; or (b) the tribunal corrects the error in the order under section 63 (Correction of errors); or (c) the correction tribunal corrects the order under section 78 (Correction requests). (2) The faulty order, as amended or corrected, is taken to be filed in the appropriate court under section 71 for enforcement under the Court Procedures Rules 2006, part 2.18 (Enforcement). faulty order—see section 72.

74 Failure to comply with order (1) A party to an application must not, without reasonable excuse, fail to comply with a tribunal order. (2) If a party contravenes subsection (1), the tribunal may do 1 or more (a) order the person to pay to the Territory a stated amount (not more than any amount prescribed by regulation); (b) if the party is the applicant—strike out the application in relation to the dispute; (c) if the party is the respondent—make an order in favour of the applicant.

Enforcement and offences Part 7 (3) If the tribunal orders a person who is the subject of an application for occupational discipline to pay an amount, the tribunal must tell the person that, if the person does not pay the amount, the person’s licence or registration may be suspended or cancelled under section 76. (4) Failure to tell a person that the person’s licence or registration may be suspended or cancelled does not affect any action a registrar takes in relation to the person under section 76. (5) This section does not limit any other power of the tribunal under this Act.

75 Nonpayment of amounts ordered to be paid (a) a person is licensed, or registered, under an authorising law; and (b) the tribunal orders the person to pay a stated amount within a stated period; and (c) the person does not pay the amount within the period or, if the tribunal allows a further period for payment, within the further period. (2) A registrar must give the person written notice (a warning notice) that the person’s licence or registration may be suspended or cancelled if the person does not pay the amount within 14 days after the day the registrar gives the person the notice. Note 1 For how documents may be served, see the Legislation Act, pt 19.5. Note 2 The rules may prescribe a longer period for paying an amount under a warning notice (see s 25 (1) (e) and (2)).

76 Suspension or cancellation on warning notice (a) a registrar has given a person who is licensed or registered a warning notice under section 75 relating to the licence or registration; and (b) the person does not pay the amount required to be paid under the warning notice. (2) The tribunal may, after the period for payment of the amount has ended, suspend or cancel the person’s licence or registration. (3) The tribunal may act under subsection (2) on application by the regulatory body or on its own initiative. regulatory body means the entity responsible for issuing licences of the kind held by the person or for registering people in the occupation or profession in which the person is registered.

Tribunal referrals and appeals Division 8.1

77 Referral of questions of law within tribunal (1) This section applies if a tribunal (the requesting tribunal) is dealing with an application. a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023. (3) The requesting tribunal may, on its own initiative or on application by a party, ask the president to allocate 1 or more tribunal members to a tribunal (the ruling tribunal) to give a ruling on a question of law. (4) If the ruling tribunal gives a ruling on a question of law, the requesting tribunal is bound by the ruling. Note Question of law includes whether a question is a question of law (see dict). (5) A ruling tribunal is made up of 1 or more of the following tribunal members allocated by the president: (b) a senior member who is a lawyer and has been a lawyer for (6) However, a ruling tribunal must not contain a tribunal member allocated to the requesting tribunal.

78 Correction requests (1) This section applies if the president requests a correction to an order made on an application (the original application) to the tribunal.

a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023. (3) The president must— (a) allocate 1 or more tribunal members to a correction tribunal to consider the request for correction; and (b) give notice of the request to the parties to the original (4) The correction tribunal may— (a) hear submissions from the parties as to whether the correction should be made; or (b) if, the tribunal is satisfied that no party would be disadvantaged by the tribunal not hearing submissions—make a decision under subsection (5) without hearing submissions. (5) The correction tribunal must— (a) make the correction if, in all the circumstances of the case, the tribunal considers it appropriate to do so; or (b) refuse to make the correction. (6) A correction tribunal is made up of 1 or more of the following tribunal members allocated by the president: (b) a senior member who is a lawyer and has been a lawyer for

79 Appeals within tribunal (a) the tribunal has decided an application (the original application); and

Tribunal referrals and appeals Division 8.1 (b) the original application was not an appeal from a decision by the a decision under the Freedom of Information Act 2016, the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023. (3) A party to the original application may, by application, appeal the decision to the tribunal on a question of fact or law.

80 Dismissing appeals (1) The president may give an applicant for an appeal written notice that— (a) the subject matter of the appeal is substantively similar to other appeals rejected by the tribunal; and (b) the president proposes to dismiss the appeal; and (c) if the applicant wishes to make representations about the proposal, the applicant must make the representations within 21 days after the day the notice is given. Note The rules may prescribe a longer period for making representations (2) The president may decide to dismiss the application only if the tribunal— (a) has given notice under subsection (1); and (b) has taken into consideration any representations made by the applicant within the 21-day period; and (c) is satisfied that— (i) it is in the public interest for the tribunal not to consider the appeal; and

(ii) the president has sufficient information to make an informed decision to dismiss the application. (3) If the tribunal dismisses an application for an appeal under this section, the applicant may appeal the original decision of the tribunal to the Supreme Court under section 86.

81 Constitution of appeal tribunal (1) This section— (a) applies if a party to the original application appeals a decision to the tribunal on a question of fact or law; but (b) does not apply if the president — (i) dismisses an appeal under section 80; or (ii) decides not to deal with the appeal under section 85. (2) On appeal, the president must allocate tribunal members to an appeal tribunal to review the decision on the original application. (3) An appeal tribunal is made up of— (a) 1 or more presidential members; or (b) 1 or more presidential members and 1 or more non-presidential members. (4) However, an appeal tribunal must not contain a tribunal member who was allocated to the tribunal that decided the original application. original application—see section 79.

Removal of combined fair work matter Division 8.1A

82 Appeal tribunal—general powers (1) An appeal tribunal may, as the tribunal considers appropriate, deal with an appeal— (a) as a new application; or (b) as a review of all or part of the original decision on the application by the tribunal. (2) An appeal tribunal— (a) has all the powers and duties of the tribunal that made the order appealed from; and (b) may draw inferences of fact; and (c) may, if leave is granted, receive further evidence about questions of fact, either orally in a hearing, by written statement or in another way; and (d) may make an order confirming, amending, setting aside or replacing the order of the tribunal appealed from; and (e) may make any other order it considers appropriate.

Division 8.1A Removal of combined fair work matter

82A Removal from tribunal to Magistrates Court—combined fair work matter (1) This section applies if, in the course of dealing with a civil dispute application, the tribunal becomes aware that a matter arising in relation to the application amounts to a fair work claim. Example—matter arising in relation to application a counter claim to the application (2) The tribunal must order that the application and the matter (the combined fair work matter) be removed to the Magistrates Court.

(3) The tribunal may make the order on its own initiative or on application by a party to the matter. (4) On removal of the matter to the Magistrates Court, the civil dispute application is taken to be finalised in the tribunal. Note 1 A fair work claim may be started in the Magistrates Court (see Magistrates Court Act 1930, pt 4.2A). Note 2 Orders may be sought for the contravention of a civil remedy provision in the Federal Court and Federal Circuit and Family Court of Australia (Division 2) (see Fair Work Act 2009 (Cwlth), s 539).

83 Removal of applications from tribunal to Supreme Court (1) If the parties to an application or an appeal (a matter) jointly apply to have the matter removed to the Supreme Court, the tribunal must order that the matter be removed to the Supreme Court. (2) If a party to a matter applies to have the matter removed to the Supreme Court, the tribunal may, if it considers it appropriate, order that the matter be removed to the Supreme Court. (3) However, this section does not apply to an application for external review of an ACAT reviewable decision under the Motor Accident Injuries Act 2019, division 2.10.3 (ACAT review of insurer’s decisions) (an MAI application) or an appeal from an MAI

84 Referral of questions of law to Supreme Court (1) If the tribunal considers that a question of law that arises in considering an application or an appeal raises an issue of public importance, the tribunal may refer the question to the Supreme Court. (2) The tribunal may act under subsection (1) on its own initiative or on application by a party.

Supreme Court referrals and appeals Division 8.2

85 Tribunal may not deal with appeals more suited to Supreme Court (a) a party to an application appeals the decision on the application to the tribunal under section 79; and (b) an application has not been made under section 83 (Removal of applications from tribunal to Supreme Court) in relation to the appeal. (2) The president may decide not to deal with the appeal if the president considers that— (a) the appeal could be dealt with more conveniently or effectively by the Supreme Court; and (b) it would be appropriate for the appeal to be dealt with by the Supreme Court. (3) If the president decides not to deal with the appeal, the president must give the applicant for the appeal written notice that— (a) the appeal will not be dealt with by the tribunal; and (b) the applicant may appeal to the Supreme Court under section 86 (1) (a) (iii). (4) However, this section does not apply to an appeal from an application for external review of an ACAT reviewable decision under the Motor Accident Injuries Act 2019, division 2.10.3.

86 Appeals to Supreme Court (1) A party to an application, other than an application mentioned in subsection (2) or (3), for an appeal may appeal to the Supreme Court on a question of fact or law from either— (a) one of the following: (i) a decision of the appeal tribunal;

(ii) if the appeal president dismissed the appeal under section 80—the original decision of the tribunal; (iii) if the appeal president decides not to deal with the appeal under section 85—the original decision of the tribunal; or (b) a decision of the tribunal in relation to a review of a decision under the Freedom of Information Act 2016. (2) A party to an application in relation to a review of a decision under the Heritage Act 2004, the Planning Act 2023 or the Urban Forest Act 2023 may appeal to the Supreme Court on a question of law from the original decision of the tribunal. (3) A party to an application for external review of an ACAT reviewable decision under the Motor Accident Injuries Act 2019, division 2.10.3 (ACAT review of insurer’s decisions) may appeal to the Supreme Court on a question of law from a decision of the appeal tribunal under that Act, section 199 (External review—effect of decision). (4) However, the appeal may be brought only with the Supreme Court’s leave.

87 Sending documents and things to Supreme Court (1) For a Supreme Court proceeding— (a) the tribunal must send to the Supreme Court any document or thing that was before the tribunal that relates to the Supreme Court proceeding; and (b) at the end of the Supreme Court proceeding, the court must return the document or thing to the tribunal.

Supreme Court referrals and appeals Division 8.2 (2) In this section: Supreme Court proceeding means— (a) a removal of an application to the Supreme Court under section 83; or (b) a question of law in relation to a proceeding referred to the court under section 84; or (c) an appeal of a decision of the tribunal to the court under section 86.

Part 9 The ACT civil and administrative tribunal 88 Establishment of tribunal The ACT Civil and Administrative Tribunal is established. 89 Constitution of tribunal for applications (1) The president must allocate tribunal members to a tribunal for an Note The president may allocate people to a tribunal for the hearing of an application or to provide an advisory opinion on an application (see dict, def decision). (2) The president may allocate to the tribunal for an application 1 or more of the following tribunal members: (b) a non-presidential member. (3) However, for an interim application, the president may allocate any of the following to the tribunal for the application: (a) 1 or more of the members allocated to the tribunal for the application under subsection (1); (b) any other tribunal member the president considers appropriate. (4) The president may appoint an assessor to the tribunal for an (5) However, the president must not allocate an assessor to a tribunal unless there is at least one presidential member or non-presidential member allocated to the tribunal.

Establishment and constitution Division 9.1 (6) In this section: interim application means— (a) an application under section 53 (Interim orders); or (b) an application for an order of a procedural nature. Examples—order of a procedural nature adjournment, order for default judgment, order joining a party to a proceeding

90 Considerations before allocating tribunal members to application Before allocating a tribunal member to a tribunal for an application, the president must consider— (a) the nature and complexity of the matter to be decided by the (b) whether to allocate a member with special qualifications or experience; and (c) any other matter for consideration stated in an authorising law.

91 President to nominate presiding member If a presidential member is not allocated to the tribunal for an application, the president must nominate a tribunal member allocated to the tribunal as the presiding member.

92 Tribunal member for an application not available (1) This section applies if a person who is a tribunal member allocated to the tribunal for an application ceases to be a tribunal member, or ceases to be available, before the tribunal finishes dealing with the (2) The president must— (a) direct the remaining members allocated to the tribunal to continue dealing with the application; or

(b) allocate another tribunal member to the tribunal for the application to replace the person; or (c) direct that a new tribunal be made up for the application. (3) The tribunal, however reconstituted under subsection (2), may deal with the application as it considers appropriate. deal with the application anew

93 Constitution of tribunal to exercise other functions Unless otherwise provided under this Act, the tribunal for the exercise of a function other than in relation to an application is made up of the presidential members. made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

94 Appointment of presidential members (1) The Executive may appoint— (a) a president of the tribunal; and (b) other presidential members of the tribunal. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (2) Also, the Executive may appoint a person as— (a) a temporary president of the tribunal; or (b) a temporary other presidential member of the tribunal.

(3) The Executive must not appoint a person under subsection (1) (a) or (2) (a) unless— (a) the person is— (i) a magistrate; or (ii) eligible to be appointed as a magistrate; and (b) if the person is a magistrate— (i) the person has agreed to the appointment; and (ii) the Chief Magistrate has been consulted about the person’s appointment. Note Magistrates are appointed by the Executive under the Magistrates Court Act 1930, s 7. For eligibility for appointment as a magistrate, see that Act, s 7AA and s 7A. (4) The appointment of a magistrate as president of the tribunal does not— (a) affect the term or conditions of appointment of the magistrate; or (b) prevent the magistrate from exercising the functions given to a magistrate under any territory law. (5) The Executive must not appoint a person under subsection (1) (b) or (2) (b) unless the person is a lawyer and has been a lawyer for (6) The appointment of a presidential member is a notifiable instrument.

95 Requirements of appointment—presidential members (1) The Executive must, in relation to the appointment of presidential members, determine— (a) the criteria that apply to the selection of a person for appointment; and

(b) the process for selecting the person. (2) A determination is a notifiable instrument.

96 Appointment of non-presidential members (1) The Attorney-General may appoint a person to the tribunal as a senior member or ordinary member. (2) Also, the Attorney-General may appoint a person to the tribunal as a temporary senior member or temporary ordinary member. (3) The Attorney-General must not appoint a person under subsection (1) or (2) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of a senior or ordinary member. (4) A regulation may make provision in relation to the appointment of non-presidential members of the tribunal, including when the Attorney-General may or must be satisfied that a person has the experience or expertise to exercise the functions of a senior member or ordinary member. (5) The appointment of a non-presidential member is a notifiable instrument.

97 Appointment of assessors (1) The president may appoint a person to the tribunal as an assessor. (2) However, the president must not appoint a person under subsection (1) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of an assessor. (3) An assessor may provide specialist or technical advice to a tribunal for an application, if asked by the tribunal. (4) The appointment of an assessor is a notifiable instrument.

98 Term of appointment (1) The appointment of a person as a presidential member under section 94 (1) is for the term— (a) stated in the appointment, which must be no less than 7 years; or (b) if no term is stated in the appointment—7 years. (2) The appointment of a person as a temporary presidential member under section 94 (2) is for the term, not longer than 12 months, stated in the appointment. (3) However, a person must not be appointed as president under section 94 (1) (a), or as temporary president under section 94 (2) (a), for a term that extends beyond the date when the person turns 70 years old. (4) The appointment of a person as a non-presidential member under section 96 (1) is for the term stated in the appointment or, if no term is stated, for 5 years. (5) The appointment of a person as a temporary non-presidential member under section 96 (2) is for the term, not longer than 12 months, stated in the appointment. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

99 Ending appointments (1) The Executive may end a person’s appointment as a non-presidential member— (a) for misbehaviour; or (b) for physical or mental incapacity, if the incapacity affects the exercise of the person’s functions; or

(c) for failure to disclose a material interest under section 50. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). (2) Without limiting what constitutes misbehaviour under this section, a tribunal member misbehaves if the member fails to act consistently with the undertaking given by the member under section 109. Note The Judicial Commissions Act 1994, s 4 provides that a presidential member may only be removed from office in accordance with that Act.

100 Conditions of appointment generally A person appointed as a tribunal member holds the position on terms not provided by this Act or a determination under the Remuneration Tribunal Act 1995 that are— (a) decided by the Executive; and (b) stated in the appointment.

102 Retirement (1) This section applies if a presidential member is— (a) an eligible employee for the Superannuation Act 1976 (Cwlth); or (b) a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or (c) a member of any other superannuation scheme determined by the Attorney-General. (2) The Executive may retire the tribunal member on the ground of invalidity with the member’s consent. (3) A determination is a notifiable instrument.

103 Presidential members not to do other work (1) A presidential member appointed under section 94 (1), or a temporary presidential member appointed under section 94 (2), must not, without the Attorney-General’s written consent— (a) engage in remunerative employment otherwise than in connection with the member’s functions as a tribunal member; or (b) accept appointment to another position under a territory law or a law of the Commonwealth, a State or another Territory. (2) This section and the Magistrates Court Act 1930, section 7G (Magistrates not to do other work) do not apply to the appointment of a magistrate as president or temporary president of the tribunal.

104 Functions of presidential members generally (1) A presidential member may exercise any function given to presidential members under this Act or another territory law. made or in force under the Act, including regulations and rules (see Legislation Act, s 104). (2) To remove any doubt, the exercise of a function by a presidential member does not affect the power of a president to exercise the function.

105 Functions of president (1) The president is responsible for ensuring— (a) that decisions are made according to law; and (b) the orderly and prompt discharge of tribunal business. Examples—par (a) 1 ensuring decisions are free from improper interference 2 ensuring the quality and consistency of decision making by tribunal members, including by maintaining skills and resources for that purpose

Examples—par (b) 1 allocating people to make up a tribunal for a particular application 2 allocating people to make up an appeal tribunal (2) The president may delegate the president’s functions under this Act to another presidential member. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

105A Advising Attorney-General about systemic problems (1) This section applies if it appears to the tribunal that applications to the tribunal indicate a systemic problem in relation to— (a) the operation of an authorising law; or (b) other matters that come to the tribunal’s attention in the course of the tribunal exercising its functions. (2) The president must tell the Attorney-General about the problem.

107 Functions of non-presidential members (1) A non-presidential member may exercise a function of a presidential member unless— (a) this Act or an authorising law provides otherwise; or (b) the president otherwise directs. (2) To remove any doubt, the exercise of a function by a non-presidential member does not affect the power of a presidential member to exercise the function.

108 Functions of assessors (1) An assessor may exercise any function given to an assessor under this Act. (2) An assessor cannot delegate the assessor’s functions under this Act.

Registrar Division 9.3

109 Undertaking before exercising tribunal member functions Before exercising any function as a tribunal member, the member must give an undertaking to the Territory in accordance with schedule 1— (a) for a presidential member—before a judge of the Supreme Court; or (b) for a non-presidential member or assessor—before a presidential member.

110 Appointment of registrar (1) The director-general may appoint 1 or more public servants as a tribunal registrar. (2) However, the director-general must not appoint a person under subsection (1) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of a registrar. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

111 Functions of registrar—non-presidential functions (1) A registrar may exercise a function of a non-presidential member unless— (a) this Act or an authorising law provides otherwise; or (b) the president otherwise directs. A registrar may hear and decide an application and make any order the tribunal may make.

(2) To remove any doubt, the exercise of a function by a registrar does not affect the power of a presidential member to exercise the function.

112 Functions of registrar—other (1) In addition to the functions given to the registrar under this Act or another territory law, the registrar has the following functions: (a) to provide the public with information about the services provided by or through the tribunal; (b) to take reasonably practical steps to help a person make an application, as the registrar considers appropriate; Examples—help 1 advising person about the role of the tribunal 2 helping person to put application in writing (c) to provide the public with information about, and refer people to, other services provided by government or otherwise for resolving disputes. (2) The registrar must exercise functions in consultation with, and subject to any direction of, the president.

113 Delegation of functions of registrar A registrar may delegate functions to a public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

114 Deputy registrars (1) The director-general may appoint 1 or more public servants as deputy registrars of the tribunal. (2) A deputy registrar may exercise a function of a registrar, subject to any direction of a registrar.

ACAT trust account Part 9A

115A Definitions—pt 9A ACAT trust account—see section 115B (2). trust amount means an amount mentioned in section 115B (1).

115B ACAT trust account (1) The following amounts are held on trust by the Territory: (a) amounts paid to the Territory under this Act; (b) amounts that may or must be paid into the ACAT trust account under an authorising law; (c) interest on the amounts. Note The Financial Management Act 1996, pt 7 sets out how trust amounts are to be held and administered. (2) The director-general must open and maintain a trust account (the ACAT trust account) for the trust amounts. (3) The director-general must keep a record of the trust amounts paid into the ACAT trust account under this Act and each authorising law. interest—see the Financial Management Act 1996, dictionary.

115C Use of trust amounts A trust amount may be used for any of the following purposes: (a) to meet the recurrent costs of remuneration and administration of the ACAT; (b) to reimburse the Territory for the costs of administering this Act;

(c) for a purpose prescribed by regulation in relation to any authorising law; (d) for any other purpose prescribed by regulation.

115D Territory entities to pay amounts to ACAT trust account (a) a territory entity makes an application to the ACAT in a quarter; and (b) no filing fee is paid for the application because of the operation of the Legislation Act, section 121 (Binding effect of Acts). (2) The territory entity must, at the end of the quarter, pay to the ACAT trust account an amount equal to the filing fee for the application. territory entity includes— (a) the Territory; or (b) a Minister; or (c) an administrative unit; or (d) a territory instrumentality; or (e) any other territory authority.

Miscellaneous Part 10

116 Protection of members etc from liability (1) A protected person is not personally liable for conduct done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any liability that would, apart from this section, attach to the protected person attaches instead to the Territory. conduct means an act or an omission to do an act. protected person means a person who is or has been— (a) a tribunal member; or (b) acting under the direction or authority of the tribunal, including under the direction or authority of a registrar. Example—par (b) an accredited mediator to whom an application is referred under s 35

117 Approved forms (1) The tribunal may, in writing, approve forms for this Act. (2) If the tribunal approves a form for a particular purpose, the approved form must be used for that purpose.

118 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) an amount payable under an order on application for occupational discipline; (b) an amount payable for failure to comply with a tribunal order; (c) the appointment of non-presidential tribunal members.

Undertaking for exercise of tribunal member functions Schedule 1

Schedule 1 Undertaking for exercise of tribunal member functions (see s 109) I, [name], undertake to the Territory that I will well and truly serve in the office of [presidential member/non-presidential member/assessor] and that I will do right to all people, according to law, without fear or favour, affection or ill will.

(see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • appoint • Australian Consumer Law (ACT) • body • Chief Magistrate • contravene • Corporations Act • director-general (see s 163) • Executive • exercise • function • interest • lawyer • magistrate • proceeding • public servant • territory authority • territory instrumentality. ACAT trust account, for part 9A (ACAT trust account)—see section 115B (2). accredited mediator means a person who is entered as a mediator in the register of nationally accredited mediators maintained by the Mediator Standards Board. appeal tribunal means a tribunal made up under section 81 to review a decision of the tribunal.

application— (a) for this Act generally—means an application under section 9; and (b) for parts 5 to 9 includes— (i) a matter referred or appealed to the tribunal under any authorising law; and (ii) a matter heard or dealt with by the tribunal on its own initiative. Examples—authorising laws under which a matter may be referred to the tribunal 1 Crimes Act 1900, s 331 (Referral to ACAT)