Northern Territory Civil and Administrative Tribunal Act 2014

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

7/10 complexity

What this law does, in plain language

Mechanically, the Act creates the Northern Territory Civil and Administrative Tribunal (the Tribunal) and sets out how it is put together, what it can decide, how proceedings are run, how its decisions are enforced, and how people can seek review or appeal. Key structural features are: appointment and roles of President, Deputy Presidents, ordinary members and additional ordinary members (ss 12–17, 16A); the Tribunal's three kinds of jurisdiction — original, review and internal review (ss 31–33, 51A); procedural and administrative powers for the President, Registrar and a rules committee (ss 14, 22, 138, 143–145); and enforcement and sanctioning powers, including civil enforcement through courts and criminal penalties for non‑compliance (ss 84–84A, 84B, 86, 90).
Who it affects
- People and businesses who bring or defend matters under an Act that gives jurisdiction to the Tribunal (a “relevant Act”) — they are the parties who will pay filing fees, possibly give evidence, and bear the practical costs of proceedings (ss 30–32, 94(1)(c), 131).
- Government decision‑makers whose decisions are reviewable by the Tribunal — they must notify affected persons and provide reasons and materials when required (ss 34–36, 41).
- Ministers and the Executive — the Minister can certify that disclosure of specified material would be contrary to the public interest (s 38), and may appeal if the Tribunal revokes such a certificate (s 40).
- Tribunal staff, members, assessors, legal practitioners and registrants — the Act defines appointment, conduct, delegations, and protections (ss 13–21, 73–76, 147–149).

JSON API

Deep Dive

5,300 words · generated 12/05/2026

What it does

The Northern Territory Civil and Administrative Tribunal Act 2014 (the Act) establishes the Northern Territory Civil and Administrative Tribunal (the Tribunal) as a statutory body with three distinct kinds of jurisdiction: original jurisdiction, review jurisdiction, and internal review jurisdiction (s 31). Original jurisdiction arises where a relevant Act gives the Tribunal power to deal with a matter that does not involve review of a decision (s 32(1)). Review jurisdiction arises where a relevant Act gives the Tribunal power to review a decision (s 33(1)). Internal review jurisdiction enables the Tribunal to review its own decisions made in the exercise of its original jurisdiction (s 51A). The Tribunal must exercise each jurisdiction in accordance with the Act and the relevant Act (ss 32(2), 33(2)). The Act sets out detailed procedural provisions for conducting proceedings, including powers to compel evidence, hold compulsory conferences and mediations, make interlocutory orders, and enforce decisions. It also imposes statutory duties on decision makers whose decisions are subject to review, including obligations to give notice of reviewable decisions, provide written reasons, and assist the Tribunal during a review (ss 34-41). The Tribunal’s objectives include promoting the best principles of public administration, being accessible and responsive to parties, using straightforward language and procedures, keeping costs to a minimum, and resolving disputes as quickly as possible while achieving a just outcome (s 10). The Tribunal is independent of the Minister in exercising its jurisdiction (s 11). A key structural feature is the ability to transfer a matter to the Local Court or Supreme Court if the President is satisfied the matter is not within the Tribunal’s jurisdiction or would be more appropriately heard by a court (s 99A). The Act also creates offences for contempt, failure to comply with summons, providing false or misleading information, and unauthorised disclosure of confidential information obtained in administering the Act (ss 86, 90, 150, 149).

Current sections

Direct links to the current provisions in Northern Territory Civil and Administrative Tribunal Act 2014.

173

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

Incentives, trade‑offs and implementation touchpoints (source‑linked)

Concentrated decision and appointment powers: appointment and removal procedures involve the Administrator, Minister and President (ss 13–19). The Minister issues some certifications that block disclosure (s 38) while the Tribunal can revoke those certificates (s 39) and the Minister may appeal that revocation (s 40). That creates a concrete, legalised interaction between executive confidentiality claims and adjudicative review (ss 38–40).
Trade‑off between informality and legal robustness: the Act directs the Tribunal to act with little formality and keep costs low (s 10(e)–(g)), but it also gives the Tribunal wide powers to summon evidence, punish contempt, and make enforceable orders (ss 89–90, 86, 84–84A). Those powers support enforceability but increase procedural and compliance burdens compared with pure mediation.
Delegation and administrative discretion: the President may delegate many powers and set practice through rules and practice directions (ss 21, 138, 139). The Registrar may accept or reject applications and set conditions, subject to President review (s 95). These provisions concentrate practical control of process with the President and Registrar and place reliance on internal rule‑making (ss 14, 95, 138).
Costs and access: the Act explicitly requires minimising costs to parties (s 10(e)) and sets a starting rule that parties bear their own costs (s 131), but also provides multiple routes for costs orders and security for costs (ss 132, 66). Those mechanisms allow the Tribunal to deter weak or obstructive claims but may impose financial barriers for some litigants.
Forum choice and transfers: the President may transfer matters to the Local Court or Supreme Court where appropriate (s 99A), and either court may refuse such transfers in some circumstances (s 99A(7)). That regulates forum shopping mechanically and routes complex or unsuitable matters to the courts (s 99A).

Main concepts

The Act defines several core concepts that operate throughout its provisions. A decision maker is a person who makes a reviewable decision (s 3). A reviewable decision is a decision made by a decision maker that may be reviewed by the Tribunal (s 3). A relevant Act is any Act or subordinate legislation that confers jurisdiction on the Tribunal (s 3). This is important because section 5 provides that if there is an inconsistency between the NTCAT Act and a relevant Act, the relevant Act prevails to the extent of the inconsistency, except for section 45 (the requirement to conduct a review by rehearing). A relevant Act may also modify the operation of the NTCAT Act in relation to the exercise of jurisdiction conferred by that Act (s 5(2)).

The original jurisdiction is the Tribunal’s power to deal with a matter that a relevant Act gives it that does not involve review of a decision (s 32(1)). The review jurisdiction is the Tribunal’s power to review a decision under a relevant Act (s 33(1)). The internal review jurisdiction is the Tribunal’s power to conduct an internal review under Part 5 Division 1 of a decision made in the exercise of its original jurisdiction (s 51A). A monetary order is an order that requires the payment of money, including a costs order (s 3). The Tribunal may make a costs order requiring a party to pay all or part of another party’s costs, or costs of a person required to appear or produce material, or compensation for reasonable expenses or loss (s 3). The Act also distinguishes between compulsory conferences (Part 4 Division 4 Subdivision 1) which are led by a member and focus on identifying issues and promoting settlement, and mediation (Subdivision 2) which is facilitated by an approved mediator who may or may not be a member. The rules are made by a rules committee comprising the President and at least one other member (s 138). The Act also creates the office of President, who must be a Local Court Judge or a person eligible for appointment as one, and who manages the business of the Tribunal, issues practice directions, and performs various administrative functions (ss 13, 14). Deputy Presidents and ordinary members assist in its operations, and additional ordinary members may be appointed for up to two years at the President’s request (ss 15, 16, 16A). The Registrar is a public sector employee with legal qualifications who manages the registry and may constitute the Tribunal for specified matters (ss 143, 144).

Who it affects

The Act affects a broad range of persons and entities. Parties to proceedings include applicants, persons who are the subject of disciplinary or inquiry proceedings, decision makers in review jurisdiction, persons who were parties to an original proceeding that is internally reviewed, persons joined by order of the Tribunal, persons lawfully intervening, litigation guardians, and any other person specified in the Act or relevant Act (s 127). A decision maker is a person who makes a reviewable decision under a relevant Act and becomes a party in review proceedings (s 127(1)(c)). The Act imposes specific duties on decision makers, including giving notice of a reviewable decision and the right to have it reviewed (s 34), providing written reasons on request (s 35), providing those reasons and all relevant evidentiary material to the Tribunal when a review proceeding commences (s 41), and assisting the Tribunal during the review (s 47). After a review proceeding begins, a decision maker must generally not vary or set aside the decision unless the relevant Act permits, the parties consent, or the Tribunal invites reconsideration under section 49 (s 43).

Members and officers of the Tribunal - President, Deputy Presidents, ordinary members, additional ordinary members, the Registrar, and assessors - are affected by the Act in terms of appointment, functions, disclosure obligations, protection from liability, and potential removal. The Minister responsible for the relevant Act may certify statements of government policy for the Tribunal to have regard to during reviews (s 48). The Minister administering the NTCAT Act may intervene in proceedings on behalf of the Territory (s 129). Legal practitioners may appear for parties (s 130), and the Tribunal may make costs orders against a representative who acts in a way that results in unnecessary costs (s 134). Witnesses may be summoned to give evidence or produce material (s 89), are protected by privilege against self-incrimination and other claims of privilege (ss 71, 72), and may be arrested for non-compliance with a summons (s 135). Approved mediators (s 117) and assessors (s 73) are engaged to assist the Tribunal. Any person whose interests are affected by a proceeding may be joined as a party (s 128) or may apply for access to Tribunal records (s 85). The Crown in right of the Territory is bound, and to the extent of legislative power, the Crown in all its other capacities is also bound (s 4). The Act also affects the Local Court and Supreme Court through the transfer mechanism in section 99A and the appeal mechanism in section 141.

Key duties and rights

The Act establishes a detailed framework of duties and rights for decision makers, parties, and the Tribunal itself. Duties of decision makers are concentrated in Part 3 Division 3 Subdivision 2. On making a reviewable decision, a decision maker must give each person who has a right to have it reviewed written notice of the decision, the right to review, and the right to request a statement of reasons (s 34(2)). A person who has a right to review may request a written statement of reasons within 28 days after notice or decision (s 35(3)), and the decision maker must comply within 28 days (s 35(4)). If the decision maker fails to comply, the person may apply to the Tribunal for an order requiring the statement (s 36). When a review proceeding is commenced, the decision maker must provide the Tribunal with a statement of reasons and any documents and evidentiary material that may be relevant (s 41(1)), and must assist the Tribunal at its request (s 47). After a review proceeding begins, the decision maker must not vary or set aside the decision unless the relevant Act permits, the parties consent, or the decision maker is invited to reconsider under section 49 (s 43).

Parties’ rights include the right to appear personally, by a legal practitioner, or with leave by another representative (s 130). Parties have a right to a fair hearing according to the substantial merits of the matter (s 53). The Tribunal must take reasonable steps to ensure parties understand the nature of the matter, assertions made, and legal implications (s 54), and must ensure parties have an opportunity to be heard and that all relevant material is disclosed (s 55). Parties may request an extension of time limits if permitted by the rules (s 68). Parties may apply for an order staying the operation of a decision while review proceedings are pending (s 44(2)). Parties may request the Tribunal to set aside a default decision for debt recovery if they had a reasonable excuse for not responding (s 101B). Parties may apply to have the Tribunal reopen a proceeding if they did not appear and had a reasonable excuse, or if they consented to a decision obtained by fraud, duress, suppression of evidence or false evidence (s 80). Parties have a right to inspect Tribunal records and obtain copies (s 85). In review jurisdiction, the Tribunal must review by way of rehearing (s 45) with the objective of producing the correct or preferable decision (s 46(1)). The Tribunal is not limited by the reasons for decision or the grounds set out in the application (s 46(3)). A party may apply for internal review of a final decision in original jurisdiction, but only with the leave of the President (s 140(4)). Internal review is limited to determining whether the original decision was affected by any error of fact or law and correcting any identified error (s 140A(1)). A party may appeal to the Supreme Court against a decision of the Tribunal on a question of law, but only with the leave of the Supreme Court (s 141).

The Tribunal’s duties include acting fairly and according to the substantial merits of the matter (s 53(1)), complying with the rules of natural justice (s 53(2)(a)), informing itself in any way it considers appropriate without being bound by the rules of evidence (s 53(2)(b)), acting with as little formality and technicality as possible (s 53(2)(c)), disclosing all relevant material (s 53(2)(d)), and giving its final decision and reasons in writing within 28 days after the hearing (s 105(2)). The Tribunal must provide reasons that set out findings on any material questions of fact, referring to the evidence or other material on which those findings are based (s 105(2A)).

Penalties and enforcement

The Act creates a suite of criminal offences and enforcement mechanisms. Contempt of the Tribunal is an offence punishable by a maximum of 100 penalty units or imprisonment for six months (s 86(1)). Conduct constituting contempt includes: a witness failing to take an oath, answer a question, or produce a document when required (s 87(1)); non-compliance with a Tribunal order (other than monetary orders) if the order was made orally or served on the person (s 87(2)); failure to comply with an undertaking given to the Tribunal (s 87(4)); insulting, threatening, intimidating or obstructing a member; interrupting or obstructing a proceeding; creating a disturbance; or engaging in conduct that would constitute contempt in the face of a court (s 87(5)). It is a defence to have a reasonable excuse (s 86(2)). If a person is engaging in conduct that the Tribunal considers constitutes contempt, the Tribunal may order the person to leave and continue the proceeding in their absence (s 88).

Failure to comply with a summons to give evidence or produce evidentiary material is an offence punishable by up to 100 penalty units or six months imprisonment (s 90(1), (2)). Strict liability applies to the element of having been served with the summons (ss 90(3)), and the defence of reasonable excuse is available (s 90(4)). Obstruction of an inspection of property under section 93 is also an offence with the same maximum penalty (s 93(2)). Providing false or misleading information to a member acting in an official capacity carries a maximum of 100 penalty units or six months imprisonment (s 150(1), (2)). The defence for misleading documents requires the person to draw the misleading aspect to the member’s attention and give information necessary to remedy it (s 150(4)). Unauthorised disclosure of confidential information obtained while performing functions connected with the administration of the Act carries a maximum of 200 penalty units or two years imprisonment (s 149(1)). Non-compliance with a non-monetary order of the Tribunal is an offence with a maximum of 100 penalty units or six months imprisonment (s 84B(1)). Strict liability applies to the element of being the subject of the order (s 84B(2)), and reasonable excuse is a defence (s 84B(3)). Note that this offence does not apply if another law provides a penalty for non-compliance or enforcing the order (s 87(3)).

Enforcement of monetary orders is achieved by filing a certified copy of the order and an affidavit about the amount unpaid in a court of competent jurisdiction, whereupon it is taken to be an order of that court and may be enforced accordingly (s 84). No fee is payable for filing. Enforcement of non-monetary orders requires filing a certified copy and an affidavit about non-compliance in the Local Court, whereupon it is taken to be an order of the Local Court and may be enforced accordingly (s 84A). Section 23(2) of the Local Court (Civil Procedure) Act 1989 does not apply to such orders (s 84A(5)). Arrest may be ordered by the President or a Deputy President if a person fails to attend as required by a summons (s 135). The arrested person may be brought before the President or Deputy President and detained until released, and may be released on conditions (s 136). Failure to comply with a condition of release is an offence punishable by 100 penalty units or six months imprisonment (s 136(4)). The arrested person may apply to the Supreme Court for review of the decision on conditions or refusal of release (s 137). Proceedings for offences must be brought within twelve months from the date the offence is alleged to have been committed (s 153).

How it interacts with other laws

The Act contains specific provisions governing its interaction with other legislation. Under section 5, if there is an inconsistency between the NTCAT Act and a relevant Act (the Act or subordinate legislation that confers jurisdiction on the Tribunal), the relevant Act prevails to the extent of the inconsistency. This means that a jurisdiction-conferring Act can override the general procedural provisions of the NTCAT Act. However, section 5(3) expressly excludes section 45 (the requirement to review by rehearing) from this rule, so the rehearing requirement cannot be displaced by a relevant Act. Furthermore, a relevant Act may modify the operation of the NTCAT Act in relation to an exercise of jurisdiction conferred by that Act (s 5(2)). This allows jurisdiction-conferring Acts to tailor procedural rules as needed.

The Act also provides for transfer of proceedings to the Local Court or Supreme Court. The President may make a transfer order if satisfied the matter is not within the Tribunal’s jurisdiction, or because of the circumstances the proceeding would be more appropriately heard by a court (s 99A(2)). The recipient court may refuse to accept the transfer if the matter is within the Tribunal’s jurisdiction and the court is satisfied the proceeding would be more appropriately heard by the Tribunal (s 99A(7)). Cross-reference provisions note that for the Local Court or Supreme Court to have jurisdiction over transferred matters, see section 13A of the Local Court Act 2015 or section 16A of the Supreme Court Act 1979 (s 99A note). Conversely, section 44A of the Local Court Act 2015 and section 16 of the Supreme Court Act 1979 allow for transfer of proceedings from those courts to the Tribunal (s 99A note).

The Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities (s 4). Part IIAA of the Criminal Code applies to offences against the Act (s 6), meaning general principles of criminal responsibility, defences, and burden of proof under the Code apply to offences such as contempt, failure to comply with summons, and false or misleading information. The Act also interacts with the Evidence (National Uniform Legislation) Act 2011 - section 128 (except subsections (9) and (10)) of that Act applies to witnesses before the Tribunal as if the Tribunal were a Territory court (s 71). For other claims of privilege, a person is excused from answering a question or producing a document if they could not be compelled to do so in proceedings in the Supreme Court (s 72). The Judicial Commission Act 2020 is relevant to termination of appointment of members - termination on the grounds of incapacity or misbehaviour requires a report from an investigation panel stating that the matter could justify termination (s 19). The Act also contemplates that a relevant Act may confer additional powers, such as the power to make an order for an injunction or interim injunction (s 63(7)).

Amendment history

The Act has been amended multiple times since its commencement on 6 October 2014. The Justice Legislation Amendment Act 2015 (Act No. 14, 2015) commenced on 1 June 2015 (in part) and 1 July 2015, inserting sections 84A and 84B (enforcement of non-monetary orders and the offence of non-compliance) and section 61 (enforcement of orders made before commencement), and making other amendments to sections 3, 63, 86, 89, 90, 93, 127, 136, and 140. The Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act No. 3, 2016) commenced partially on 1 May 2016 but Part 3 was repealed by Act No. 33, 2019 before commencement. It inserted section 99A (transfer of proceedings to court) and amended section 80. The Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) commenced on 1 May 2016, amending sections 13, 15, 84A, and related updating references.

The Statute Law Revision Act 2017 (Act No. 4, 2017) commenced on 12 April 2017, making minor amendments to sections 34 and 36. The Northern Territory Civil and Administrative Tribunal Amendment Act 2018 (Act No. 24, 2018) commenced on 3 December 2018, inserting section 101A (default decisions for debt recovery) and amending sections 80 and 132. The Agents and Land Legislation Amendment Act 2019 (Act No. 6, 2019) commenced on 1 May 2019, amending section 140. The Judicial Commission Act 2020 (Act No. 17, 2020) commenced on 10 November 2021, substituting section 19 (termination of appointment of member) to require a report from an investigation panel. The Justice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022) commenced on 2 March 2022, amending section 85. The Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022) commenced on 21 December 2022 (in part) and 1 February 2023, substituting section 21 (delegation).

The Northern Territory Civil and Administrative Tribunal Amendment Act 2023 (Act No. 23, 2023) commenced on 27 November 2023. This was a major amendment, making significant changes to internal review provisions (new sections 51A, 140, 140A, 140B), removing former internal review provisions and replacing them with a leave-based internal review limited to errors of fact or law. It also inserted section 16A (additional ordinary members), amended section 22 to allow more than three members in review proceedings involving bodies of three or more persons, revised section 28 (questions of law referred to President), updated various provisions, and inserted transitional rules for decisions made before commencement. The Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025) commenced on 1 August 2025, amending sections 131 and 132 (costs provisions) to add that a substantially successful party may recover fees paid and certain expenses, and requiring the Tribunal to take into account simplified procedures and cost minimisation objectives before making other costs orders.

Litigation history

The Act provides a statutory framework for litigation but does not itself record specific cases. However, the Act establishes several pathways for judicial oversight and review of Tribunal decisions. Appeals lie to the Supreme Court on a question of law only, and only with the leave of the Supreme Court (s 141(1), (2)). The Supreme Court may confirm the decision, vary it, set it aside and substitute its own decision, send the matter back with recommendations, or dismiss the appeal (s 141(3)). The filing of an application for leave to appeal does not affect the operation of the decision, but the Supreme Court may stay the decision pending determination of the application (s 142). Questions of law may be referred to the Supreme Court by the President either directly (s 29(1)) or after being referred from the presiding member to the President and then further referred (s 28(2)(b), s 29(1A)). The Supreme Court may decide the question and make any consequential orders, which are taken to be a decision of the Tribunal (s 29(1A), (2)). The Supreme Court may also stay the proceeding before the Tribunal until the question is determined (s 29(3)).

Review of arrest decisions by the Supreme Court is available where a person has been arrested under section 135 and the President or Deputy President has decided to release them on conditions or has refused an application for release (s 137). A deemed refusal occurs if an application is not dealt with within a reasonable time (s 137(2)). The Supreme Court must confirm, vary, or set aside the decision and substitute its own decision, which is taken to be an order of the Tribunal (s 137(4), (5)). Internal review within the Tribunal itself is a form of litigation history within the Tribunal’s structure. Before the 2023 amendments, internal review was broader; now it is limited with President’s leave to error of fact or law, and the Tribunal may confirm, vary, set aside and substitute, or send the matter back with recommendations (s 140A). Internal review does not affect the operation of the decision unless the Tribunal orders a stay (s 140B). The President’s decision on leave to apply for internal review is itself final (s 140(4)). Transfer of proceedings to or from the Local Court or Supreme Court under section 99A may also generate litigation, particularly where a recipient court refuses to accept a transfer (s 99A(7)). The President’s review of a Registrar’s rejection of an application is not a review for the purposes of section 33 (s 95(7)), so it is an administrative decision not subject to further review under the Act. Non-disclosure certificates issued by the Minister may be revoked by the Tribunal (constituted by the President) (s 39), and the Minister may appeal that revocation to the Supreme Court under section 141 (s 40), with the decision stayed pending determination. These mechanisms indicate that while the Act aims to provide a relatively informal and efficient tribunal process, it preserves a structured pathway for judicial oversight on questions of law and in cases where a person’s liberty is at stake.

Gotchas

Several provisions in the Act create potential pitfalls for unwary practitioners and parties. Section 5(1) is the most important trap: a relevant Act prevails over the NTCAT Act in case of inconsistency, except for section 45. This means that a practitioner must always check the specific jurisdiction-conferring Act to see if it modifies or displaces the general procedures of the NTCAT Act. Section 5(2) expressly allows modification by the relevant Act. Failure to appreciate this could lead to serious procedural errors. Review by rehearing (s 45) is not a de novo hearing. The Tribunal must examine the evidence or material before the decision maker and may consider further evidence if it decides to admit it (s 46(2)). But the starting point is the record, not a fresh determination on all available evidence. Government policy statements, if certified by the responsible Minister and applicable at the time of the decision, must be regarded by the Tribunal to the extent not inconsistent with the relevant Act (s 48). Practitioners should check whether such a certificate exists.

Time limits are strict. An application for review of a reviewable decision must be filed within the period specified in the relevant Act, or if none, within 28 days after the relevant day (s 94(3)). The Tribunal may extend time (s 94(6)), but the Registrar may summarily reject an application if made after the expiry of the time limit (s 95(3)(b)). Internal review requires leave of the President (s 140(4)), which is a significant hurdle. Internal review is confined to correcting errors of fact or law; it is not a second chance to re-argue the case on the merits. Further, a member who constituted the Tribunal for the original decision cannot be a member for the internal review (s 22(2A)). Default decisions under section 101A are available only for recovery of a debt or other fixed sum of money owed. This is not a general default power. The applicant must file an unattested declaration as to the amount due and payments made, and the application must have set out the claim in reasonably clear terms (s 101A(2)). A default decision may be set aside only if the party had a reasonable excuse for failing to respond (s 101B(3)).

Disqualification of members is a recurring theme. A member who presided over a compulsory conference or mediation is disqualified from sitting as a member for the purpose of deciding the proceeding, unless all parties consent to the member’s continued participation (ss 115, 125). The President may alter the constitution of the Tribunal if settlement fails (notes to ss 115, 125). A member who has an interest that may conflict with their functions must disclose it to the President (or the Chief Justice if the member is the President) and must not constitute the Tribunal except with the consent of all parties (s 77). Costs are the exception, not the rule. Parties bear their own costs (s 131). The Tribunal may make a costs order requiring the unsuccessful party to pay fees and necessary service costs to a substantially successful party (s 132(1A)). Before making any other costs order, the Tribunal must take into account the main objectives of simplifying proceedings and keeping costs to a minimum (s 132(2)(a)). This makes costs orders difficult to obtain except in clear cases where a party has conducted proceedings unreasonably. Costs orders against representatives are also possible where the representative acted in or delayed the proceeding in a way that resulted in unnecessary costs (s 134). Reopening a proceeding under section 80 is available only in two limited situations: if the party did not appear and had a reasonable excuse, or if the party consented to the decision but consent was obtained by fraud, duress, suppression of evidence or false evidence. This is not a general merits review mechanism. Access to records by non-parties is subject to permission from the President or Registrar, and that decision is final and not subject to any form of review (s 85(9)). Contempt under section 87(2) does not apply if another law provides a penalty for non-compliance with the order. Practitioners should check whether the relevant Act already contains an enforcement mechanism for the particular order.

How to comply

Compliance depends on the role of the person concerned. For decision makers whose decisions may be reviewed by the Tribunal, the Act imposes a clear set of obligations. On making a reviewable decision, the decision maker must promptly give each person with a right to review written notice of the decision, the right to review, and the right to request reasons (s 34(2)). If the person requests a written statement of reasons within 28 days, the decision maker must provide it within a further 28 days (s 35(3), (4)). The statement must contain the reasons and any findings on material questions of fact referring to the evidence (s 35(5)). The decision maker must not include protected matter subject to a public interest certificate (s 37). When a review proceeding is commenced, the decision maker must provide the Tribunal with a statement of reasons and any documents and evidentiary material that may be relevant (s 41(1)). The decision maker must assist the Tribunal at its request (s 47). After the proceeding commences, the decision maker must generally refrain from varying or setting aside the decision unless the relevant Act permits, the parties consent, or the decision maker is invited to reconsider under section 49 (s 43). If invited to reconsider, the decision maker must reconsider and may confirm, vary, or set aside and substitute (s 49(2)). The decision maker should consider whether a stay of the decision is appropriate pending the review (s 44(2)). Compliance with these obligations is monitored through the President’s annual report, which must include information on the level of compliance by decision makers with the notice and reasons requirements (s 151(2)(d)).

For parties seeking to commence proceedings, the application must be filed within the relevant time limit (s 94(3)), with the required fee (s 94(1)(c)). Parties should consider whether alternative dispute resolution would be appropriate; the Tribunal may require attendance at a compulsory conference or mediation (ss 107, 118). During the proceeding, parties must comply with any direction of the Tribunal (s 96), attend hearings as required, respond to summonses or be liable for contempt (s 86). Parties should also be aware that the Tribunal may dismiss a proceeding that is frivolous, vexatious, or lacking in substance (s 102), or if a party is conducting the proceeding in a way that unnecessarily disadvantages another party (s 103). Repeated applications are limited: a proceeding dismissed under section 102 or 103 cannot be recommenced without the leave of the President (ss 102(4), 103(5)). If a party seeks to withdraw a proceeding, they need the leave of the Tribunal unless the rules provide otherwise (s 100(2)). If a party does not respond to an application for a debt or fixed sum, a default decision may be entered (s 101A). The party may apply to set aside the default decision, but must show a reasonable excuse (s 101B).

For legal practitioners representing parties, the most important compliance point is the costs rule: the default position is that each party bears their own costs (s 131), and any costs order against a party must be justified by the factors in section 132(2). Practitioners should also be aware of the Tribunal’s power to make a costs order against the representative personally for causing unnecessary costs (s 134). Practitioners should not assume the rules of evidence apply (s 53(2)(b)) and should prepare for a flexible, less formal proceeding. They should also be prepared to participate in compulsory conferences and mediations with a genuine attempt to resolve the matter. For Tribunal members and the Registrar, compliance requires adherence to the rules of natural justice (s 53(2)(a)), disclosure of any conflicting interests (s 77), and provision of reasons for final decisions within 28 days (s 105(2)). The President must prepare an annual report on the Tribunal’s management and operation (s 151). The Registrar must ensure that persons intending to commence proceedings are given reasonable assistance (s 94(4)). General compliance for all involved includes not providing false or misleading information to the Tribunal (s 150), not disclosing confidential information obtained in the course of administering the Act (s 149), and complying with any order of the Tribunal. Failure to do so may result in prosecution and penalties including imprisonment.