Part 1
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Tasmania act
What this law does (mechanics first)
Establishes the Tasmanian Civil and Administrative Tribunal (the Tribunal) as a single, statutory, state-wide forum for a large range of administrative, regulatory, civil and protective matters (s 8, s 59, Schedule 1). The Tribunal sits throughout the State and may meet outside Tasmania where needed (s 9).
Creates the Tribunal’s institutional structure: a President, Deputy Presidents, senior and ordinary members, registrars and other staff (ss 11–57). The President manages the Tribunal, gives practice directions, and may delegate many administrative powers (ss 14, 14A, 93). Membership appointments, terms and grounds for suspension or removal are set out in detail (ss 12–52). Members and staff have immunities in relation to Tribunal work (ss 140–142).
Divides the Tribunal into two Divisions (General and Protective) and into multiple specialist streams within those Divisions (for example: Resource & Planning, Personal Compensation, Occupational & Disciplinary, Guardianship, Mental Health, Civil & Consumer, Administrative, Anti‑Discrimination, Community, Children & Families). Each stream is allocated the Tribunal’s powers in relation to particular Acts listed in Schedules 2 and 3 (ss 59–63; Schedule 2; Schedule 3).
Sets out the Tribunal’s jurisdiction in two main types:
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Direct links to the current provisions in Tasmanian Civil and Administrative Tribunal Act 2020.
This Act may be cited as the Tasmanian Civil and Administrative Tribunal Act 2020 .
This Act commences on the day on which this Act receives the Royal Assent.
(1) In this Act, unless the contrary intention appears –
Acting Deputy President means an Acting Deputy President appointed under section 35(1) ;
Acting President means the Acting President appointed under section 21(1) ;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Administrative stream means the Administrative stream established by clause 1 of Part 6 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Anti-Discrimination stream means the Anti-Discrimination stream established by clause 1 of Part 4 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] applicant means –
(a) in the context of the Tribunal’s review jurisdiction, the person who –
(i) applies to the Tribunal for a review; or
(ii) otherwise brings a matter before the Tribunal; or
(iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal; and
(b) in any other context, the person who –
(i) brings a matter before the Tribunal; or
(ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal –
but, unless and to the extent that the Tribunal rules otherwise provide, does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person;
[Section 3 Subsection (1) amended by No. 9 of 2023, s. 67, Applied:01 Jul 2024] Civil and Consumer stream means the Civil and Consumer stream established by clause 1 of Part 9 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] code of conduct means the code of conduct issued under section 94 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] commencement day means the day on which the Tasmanian Civil and Administrative Tribunal Amendment Act 2021 commences;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Community, Children and Families stream means the Community, Children and Families stream established by clause 1 of Part 6 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] compulsory conference means a compulsory conference held under Division 7 of Part 8 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] decision of the Tribunal includes a direction, determination or order of the Tribunal;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] decision-maker – see section 74(2) ;
Deputy President means a Deputy President of the Tribunal appointed under section 26(2) ;
Deputy Registrar means a Deputy Registrar of the Tribunal appointed under section 53(3) ;
Division Head means –
(a) a person appointed under section 60(3) to be the Division Head in relation to a Division of the Tribunal; and
(b) a person acting as a Division Head under section 60(7) ;
Division of the Tribunal means a Division of the Tribunal that is established by section 59(1) ;
Division Schedule, in relation to a Division of the Tribunal, means the Schedule to this Act that is entitled with the name of the Division of the Tribunal;
establishment day has the meaning it has in section 4(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] evidentiary material includes any document, object, and substance, of evidentiary value in proceedings before the Tribunal and includes any other document, object, and substance, that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] General Division means the General Division established by section 59(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Guardianship stream means the Guardianship stream established by clause 2 of Part 4 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] interested person, in relation to a reviewable decision, means –
(a) the person who applied under the relevant Act for the decision to be made; and
(b) each person who is entitled under this Act, or the relevant Act, to apply for a review of the decision; and
(c) such other persons, or classes of persons, who are prescribed as interested persons in respect of the reviewable decision;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] legally qualified member means –
(a) the President; and
(b) a magistrate who is a member; and
(c) a member who is an Australian lawyer of at least 5 years’ standing as an Australian legal practitioner;
Magistrates Court means the Magistrates Court of Tasmania;
member means a member of the Tribunal under section 11 ;
members of the staff of the Tribunal means –
(a) the registrars; and
(b) the other persons whose services are made available to the Tribunal under section 56 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Mental Health stream means the Mental Health stream established by clause 1 of Part 5 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] monetary order means an order of the Tribunal requiring the payment of money and includes –
(a) an order made for the payment of a fine or other pecuniary penalty; and
(b) an order as to the payment of any costs; and
(c) an order for the payment of compensation for breach of an Act;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Occupational and Disciplinary stream means the Occupational and Disciplinary stream established by clause 1 of Part 5 of Schedule 2 ;
officers of the Tribunal means –
(a) the registrars; and
(b) the members of the staff of the Tribunal, or other persons, who are, under section 57 , designated to be officers of the Tribunal by the Registrar;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] order of the Tribunal includes an interim order, interlocutory order, consequential order and ancillary order;
ordinary member means –
(a) an ordinary member of the Tribunal appointed under section 44(1)(b) ; and
(b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary ordinary member of the Tribunal appointed under section 48(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] original jurisdiction of the Tribunal – see section 72 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] party, in relation to proceedings, means a person who is, under this Act or a relevant Act, a party to the proceedings;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Personal Compensation stream means the Personal Compensation stream established by clause 1 of Part 7 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] practice directions means practice directions given under section 93 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] prescribed means prescribed in the regulations;
President means the President of the Tribunal appointed under section 12(2) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] proceedings means proceedings of the Tribunal and includes a hearing of the Tribunal and proceedings of the Tribunal that do not consist of a hearing;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Protective Division means the Protective Division established by section 59(1) ;
registrar means the Registrar or a Deputy Registrar;
Registrar means the Registrar of the Tribunal appointed under section 53(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] registry means a registry of the Tribunal;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] regulations means regulations made under this Act;
relevant Act means an Act specified in Schedule 1 and any other Act that confers jurisdiction on the Tribunal;
relevant Board or Tribunal means –
(a) the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1998 ; and
(b) the Asbestos Compensation Tribunal established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and
(c) the Forest Practices Tribunal established under the Forest Practices Act 1985 ; and
(d) the Guardianship and Administration Board established under the Guardianship and Administration Act 1995 ; and
(e) the Health Practitioners Tribunal established under the Health Practitioners Tribunal Act 2010 ; and
(f) the Mental Health Tribunal established under the Mental Health Act 2013 ; and
(g) the Motor Accidents Compensation Tribunal established under the Motor Accidents (Liabilities and Compensation) Act 1973 ; and
(h) the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ; and
(i) the Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Resource and Planning stream means the Resource and Planning stream established by clause 2 of Part 8 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] reviewable decision – see section 74(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Rules Committee means the Rules Committee established under section 91 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021]
senior member means –
(a) a senior member of the Tribunal appointed under section 44(1)(a) ; and
(b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary senior member of the Tribunal appointed under section 48(1) ;
sessional basis, in relation to an appointment of a member, means the appointment of the member on the basis that the person is to act in the office during the periods, within the person’s term of appointment, determined from time to time by the President;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] stream – see section 63 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Tribunal means the Tasmanian Civil and Administrative Tribunal established by section 8 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Tribunal rules means the Tribunal rules, made under section 92 , that are in force under this Act.
(2) A reference in this Act (however expressed) to the performance and exercise by the Tribunal of its functions and powers in relation to other legislation includes a reference both to the Tribunal’s functions and powers under the legislation and to its functions and powers under this Act in relation to the legislation.
(3) [Section 3 Subsection (3) inserted by No. 17 of 2021, s. 5, Applied:05 Nov 2021] For the purposes of this Act, a reference in a relevant Act to an appeal to the Tribunal is to be taken to be a reference, as the case requires, to –
(a) an application for a review by the Tribunal; or
(b) a review by the Tribunal.
(1) For the purposes of this Act, the establishment day is –
(a) 1 July 2021; or
(b) if another day is fixed as the establishment day by a proclamation made under subsection (2) , that day.
(2) The Governor, by proclamation, may, before 1 July 2021, fix a day that is later than 1 July 2021 as the establishment day for the purposes of this Act.
A reference in Part 3 to a reduction in remuneration or allowances in relation to a person does not include a reference to such a reduction that is related to a reduction, over a particular period, in the number of hours of service of a person under this Act –
(a) who is appointed on a sessional basis; or
(b) if the basis on which the person is appointed is altered under a provision of this Act so that the person becomes appointed on a part-time basis or a sessional basis.
For the purposes of this Act, a person who is appointed to an office in relation to a particular proceeding or proceedings in the Tribunal completes the term of office if –
(a) the proceedings have been withdrawn or dismissed; or
(b) the proceedings have been finally determined by the Tribunal, including, where required, by the giving of reasons for the determination and the determination of costs.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
[Section 7A Inserted by No. 17 of 2021, s. 6, Applied:05 Nov 2021] If there is an inconsistency between a provision of a relevant Act and a provision of this Act, the regulations or the Tribunal rules, the provision of the relevant Act prevails to the extent of the inconsistency.
The Tasmanian Civil and Administrative Tribunal is established on the establishment day.
(1) The Tribunal is to facilitate access to its services throughout the State and may sit at any place (either within or outside the State).
(2) Registries of the Tribunal are to be at the places determined by the President after consultation with the Minister.
(1) The main objectives of the Tribunal in dealing with matters within its jurisdiction are –
(a) in the exercise of its jurisdiction, to promote the best principles of public administration, including –
(i) independence in decision-making; and
(ii) natural justice and procedural fairness; and
(iii) high-quality, consistent decision-making; and
(iv) transparency and accountability in the performance and exercise of statutory functions, powers and duties; and
(b) to be accessible by being easy to find and easy to access, and to be responsive to parties, especially people with greater needs for assistance than others; and
(c) [Section 10 Subsection (1) amended by No. 17 of 2021, s. 7, Applied:05 Nov 2021] [Section 10 Subsection (1) amended by No. 17 of 2021, s. 7, Applied:05 Nov 2021] to ensure that applications, referrals, reviews and appeals are processed and resolved as quickly as possible while achieving a just outcome, including by resolving disputes through high-quality processes and the use of alternative dispute resolution processes, or compulsory conferences, wherever appropriate; and
(d) to keep costs to parties involved in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and
(e) to use straightforward language and procedures (including, insofar as is reasonably practicable and appropriate, by using simple and standardised forms); and
(f) to act with as little formality and technicality as possible, including by informing itself in the manner that the Tribunal thinks fit; and
(g) to be flexible in the way in which the Tribunal conducts its business and to adjust its procedures to best fit the circumstances of a particular case or a particular jurisdiction.
(2) In furtherance of the Tribunal’s main objectives, the Tribunal should, in relation to the conferral and exercise of the Tribunal’s jurisdiction, consult from time to time with the agencies, organisations or bodies that it thinks appropriate.
The members of the Tribunal are –
(a) the President; and
(b) each Deputy President; and
(c) the senior members; and
(d) the ordinary members.
(1) There is to be a President of the Tribunal.
(2) The Governor is to appoint as the President of the Tribunal a person who is a magistrate or eligible for appointment as a magistrate.
(3) The first term of appointment, of the first person appointed under subsection (2) as the President, is 7 years.
(4) The Governor may extend for a period of 3 years the first term of appointment of the first person appointed as the President.
(5) The term of appointment, of a person appointed under subsection (2) as the President (other than the first term of appointment of the first person so appointed), is 5 years.
(6) A person (including the first person so appointed) may be appointed under subsection (2) as the President as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as the President.
(7) An appointment under subsection (2) must be in writing.
(8) Before a person who is a magistrate is appointed to be the President or the term of appointment as the President of a person who is a magistrate is extended, the Minister must consult with the Chief Magistrate.
(1) A person appointed as the President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Governor.
(2) A person appointed as the President is –
(a) if the President is not a magistrate, entitled to be paid the remuneration and allowances that a magistrate is entitled to be paid under the Magistrates Court Act 1987 , together with an amount equivalent to the additional component, if any, determined under subsection (3) ; or
(b) if the President is a magistrate, entitled to be paid, in addition to his or her salary and allowances as a magistrate, an additional component, if any, determined under subsection (3) .
(3) The Governor may determine that the President’s salary or allowances as a magistrate are to have an additional component because the magistrate holds office as the President.
(4) An amount to which a person appointed as President is entitled under subsection (2) cannot be reduced during the person’s term of office.
(1) The President has the functions conferred on the President under this Act or any other Act.
(2) The functions of the President include –
(a) participating as a member of the Tribunal; and
(b) having primary responsibility for the administration of the Tribunal; and
(c) managing the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it performs its functions and exercises its powers; and
(d) providing leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and
(e) giving directions about the practices and procedures to be followed by the Tribunal; and
(f) developing and implementing performance standards and setting benchmarks for the Tribunal; and
(g) being responsible for promoting the training, education and professional development of members of the Tribunal; and
(h) overseeing the proper use of the resources of the Tribunal; and
(i) providing advice about –
(i) the membership of the Tribunal; and
(ii) the operations and activities of the Tribunal.
(3) [Section 14 Subsection (3) amended by No. 17 of 2021, s. 8, Applied:05 Nov 2021] Without limiting subsections (1) and (2) , the President, or the Acting President, has, if appointed before the establishment day, the following functions before the commencement day:
(a) assigning functions and powers to any Registrar, Deputy Registrar or other member of staff appointed before the establishment day;
(b) performing functions that are necessary or convenient to facilitate the establishment of the Tribunal.
(4) The President has the power to do all things necessary or convenient to be done in connection with, or incidental to, the performance of the President’s functions.
(5) In the performance and exercise of the President’s functions and powers, the President is not subject to direction or control by the Minister.
[Section 14A Inserted by No. 17 of 2021, s. 9, Applied:05 Nov 2021]
(1) The President may delegate a function or power of the President under this or any other Act, other than this power of delegation, to –
(a) another member of the Tribunal; or
(b) a member of the staff of the Tribunal; or
(c) the person (being either a member of the Tribunal or a member of the staff of the Tribunal) for the time being performing particular duties or holding or acting in a particular position.
(2) A delegation under subsection (1) –
(a) must be made by instrument in writing; and
(b) may be conditional; and
(c) does not derogate from the ability of the President to act in any matter; and
(d) is revocable at will by the President.
A person ceases to be the President if –
(a) the person ceases to be a magistrate and he or she was a magistrate when he or she was appointed, or reappointed, as the President; or
(b) the person resigns as the President by written notice to the Minister; or
(c) the person completes a term of office as the President and is not appointed as the President for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as the President is revoked under section 19(4) ; or
(e) the person dies.
(1) The Governor may suspend from office a person holding office as the President if the Governor is satisfied that the person –
(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of the President; or
(b) has become bankrupt, applied to take, or has taken, advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or
(c) has been convicted in Tasmania of –
(i) a crime; or
(ii) an offence that is punishable by imprisonment for a term of 12 months or more –
or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(2) The Governor may suspend the President from office if the Governor is satisfied that the person has been charged with –
(a) a crime; or
(b) an offence that is punishable by imprisonment for a term of 12 months or more; or
(c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(3) The Governor may suspend the President from office if the Governor is satisfied that the person has engaged in –
(a) misconduct as a member of the Tribunal; or
(b) misbehaviour that brings the office into disrepute.
(4) If the President was a magistrate when appointed as the President, the Minister must consult with the Chief Magistrate before the President is suspended under this section.
(5) If a person has been suspended from office under subsection (1) , (2) or (3) , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid.
(1) If a person has been suspended from office under section 16(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 16(5) or a longer period allowed by resolution of the House of Parliament, may pass a resolution –
(a) confirming the suspension; or
(b) revoking the suspension.
(2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of President, the suspension of the person from the office of President is revoked on and from the day on which the resolution is passed by both the Houses.
(1) The Governor may revoke or vary a suspension imposed under section 16(1) , (2) or (3) .
(2) If the President was a magistrate when appointed or re-appointed as the President, the Minister must consult with the Chief Magistrate before the suspension of the President is revoked or varied under subsection (1) .
(3) If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament within 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid.
(4) If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the statement in relation to the revocation or variation is laid before the House under subsection (3) or a longer period allowed by resolution of the House of Parliament before which it is laid, may pass a resolution –
(a) confirming the revocation or variation of the suspension; or
(b) revoking the revocation or variation of the suspension.
(5) If both Houses of Parliament pass a resolution under subsection (4) confirming the revocation or variation of the suspension, the suspension is varied or revoked, respectively, on and from the day on which the resolution is passed by both Houses.
(1) The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as the President on the grounds for suspension, referred to in section 16(1) or (3) , that are specified in the statement, if –
(a) the Governor is satisfied that the person may be suspended from the office of President on the grounds, referred to in section 16(1) or (3) , that are specified in the statement; and
(b) the Governor has suspended the person from office under section 16 on any grounds specified in the statement, whether or not they are the same grounds as the grounds to which the statement relates; and
(c) the statement required by section 16(5) to be laid before both Houses of Parliament in relation to the suspension of the person from the office of President has been laid before each House; and
(d) where the person has been suspended from office under section 16(3) , the suspension has been confirmed under section 17(1)(a) .
(2) If the President was a magistrate when appointed as the President, the Minister must consult with the Chief Magistrate before a statement is laid before a House of Parliament under subsection (1) .
(3) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under subsection (1) , may resolve –
(a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or
(b) to revoke the appointment of the person as President.
(4) If both Houses have resolved –
(a) under subsection (3)(a) to revoke the suspension of a person from the office of President, the suspension of the person from the office of President is revoked; or
(b) under subsection (3)(b) to revoke the appointment of a person as President, the appointment of the person as President is revoked –
on and from the day on which the resolution is passed by both Houses.
(1) If a person is suspended from the office of President under section 16 , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of the President to which the person is to be entitled in respect of the period of suspension.
(2) If a person is suspended from the office of President under section 16 , the person is not entitled, in respect of the period of the suspension, to any more of the salary of the President to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension as so varied, if at all.
(3) Despite subsection (2) , if the suspension of a person from the office of President for a period under section 16 is revoked under section 17(2) , section 18(1) or section 19(3)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Part.
(4) The reference in this section to salary does not include any salary that the person receives as a magistrate.
(1) The Governor may appoint a person as the Acting President for a term, of not more than 6 months, specified in the instrument of appointment, if –
(a) there is a vacancy in the office of President; or
(b) the President is absent from duty; or
(c) the President is, for any other reason, unable to perform or exercise the functions or powers of the President.
(2) The Governor may only appoint a person as the Acting President under subsection (1) if the person is a Deputy President or a magistrate.
(3) A person appointed as the Acting President is, for the term of his or her appointment as the Acting President, entitled to be paid additional remuneration and allowances to ensure that his or her remuneration and allowances equal the remuneration and allowances payable to the President in whose stead he or she is acting.
(4) The Governor may extend for a period of 3 months the term of an appointment under this section.
(5) An appointment under subsection (1) , and an extension of a term of appointment under subsection (4) , must be in writing.
(6) A person may be appointed under subsection (1) to be the Acting President as many times as the Governor thinks fit.
(7) A person appointed as the Acting President –
(a) has all the functions and powers of the President; and
(b) is taken to be the President of the Tribunal for the purposes of this Act (other than the provisions of Subdivision 1 of Division 2 , apart from section 14 ) and any relevant Act.
(8) The Minister must consult with the Chief Magistrate before a person who is a magistrate is appointed as the Acting President.
A person ceases to be the Acting President if –
(a) the person ceases to be a Deputy President or a magistrate; or
(b) the person resigns as the Acting President by written notice to the Minister; or
(c) the person completes a term of office as the Acting President (which may be a term that is extended under section 21(4) ) and is not appointed as the Acting President for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as the Acting President is revoked under section 23(1) ; or
(e) the person dies.
(1) The Governor may at any time revoke an appointment under section 21(1) .
(2) A revocation under subsection (1) must be in writing.
(3) The Minister must consult with the Chief Magistrate before the appointment of an Acting President who is a magistrate is revoked under subsection (1) .
(1) The appointment of a person, who is a magistrate, as the President under section 12(2) or as the Acting President under section 21 , does not affect –
(a) the person’s tenure of office or status as a magistrate; or
(b) subject to section 13 , the payment of the person’s salary or allowances as a magistrate; or
(c) despite any other Act, including the Magistrates Court Act 1987 , the ability of the person to do anything in the person’s capacity as a magistrate, including constituting the Magistrates Court or exercising the jurisdiction of the Magistrates Court; or
(d) any other right or privilege that the person has as a magistrate.
(2) Service in the office of the President, or service as the Acting President, is taken, for all purposes, in relation to a person who is a magistrate and who was, when a magistrate, appointed to serve in the office of the President or Acting President, to constitute service as a magistrate.
(1) Despite the Magistrates Court Act 1987 or any other Act, the Chief Magistrate –
(a) may not assign to a Division of the Magistrates Court a magistrate who is the President or the Acting President; and
(b) may not arrange the business of the Tribunal; and
(c) may not issue practice directions in relation to the Tribunal; and
(d) may not direct, or impose a requirement on, a member of the Tribunal or a member of the staff of the Tribunal; and
(e) may not require a magistrate who is the President, or who is serving as the Acting President, to perform the functions, or exercise the powers, of a magistrate, and may not delegate to such a person any functions or powers of a magistrate; and
(f) may not otherwise perform or exercise, in relation to a magistrate who is the President, or who is serving as the Acting President, a function or power under an Act if the performance or exercise may interfere with the President’s, or Acting President’s, ability to appropriately perform or exercise a function or power under this Act or a function or power of the Tribunal under another Act.
(2) Nothing in this section prevents a magistrate who is the President, or who is serving as the Acting President, from attending any training or professional development provided to magistrates generally, or from engaging, with the magistrate’s agreement, in other activities engaged in by magistrates generally.
(3) Despite the Magistrates Court Act 1987 , the President is not a member of the Magistrates Rule Committee under that Act.
(1) There is to be at least one Deputy President of the Tribunal.
(2) The Governor may appoint a person as a Deputy President of the Tribunal.
(3) The Governor may only appoint a person under subsection (2) as a Deputy President if the person is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner.
(4) The appointment of a person under subsection (2) must be in writing.
(5) The appointment of a person as a Deputy President under subsection (2) –
(a) is to be specified in the instrument of appointment to be –
(i) an appointment for a term of 5 years; or
(ii) an appointment in relation to a particular proceeding or particular proceedings; and
(b) is to be specified in the instrument of appointment to be –
(i) on a full-time basis; or
(ii) on a part-time basis; or
(iii) on a sessional basis.
(6) A person may be appointed as a Deputy President as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as a Deputy President.
(7) The Minister, by notice in writing to a person who is a Deputy President, may, at the request of the President and the person, alter the basis, referred to in subsection (5)(b) , on which the Deputy President is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis.
(1) A person appointed as a Deputy President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Governor.
(2) A person appointed as a Deputy President is entitled to be paid the remuneration and allowances that the Governor determines from time to time to be payable to that Deputy President.
(3) Any remuneration and allowances that are, during a person’s term of office as Deputy President, determined under subsection (2) to be payable to the person as Deputy President, cannot, subject to section 5 , be reduced during the person’s term of office.
(1) A Deputy President has the functions conferred on a Deputy President under this Act or any other Act.
(2) The functions of a Deputy President include –
(a) participating as a member of the Tribunal; and
(b) assisting the President to manage the business of the Tribunal; and
(c) assisting the President to manage the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and
(d) other functions assigned by the President.
(3) A Deputy President has the power to do all things necessary or convenient to be done in connection with, or incidental to, the performance of a Deputy President’s functions.
(4) A Deputy President is subject to the direction of the President in performing or exercising the functions or powers of a Deputy President, other than in adjudicating in the Tribunal.
A person ceases to be a Deputy President if –
(a) the person ceases to be an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(b) the person resigns as a Deputy President by written notice to the Minister; or
(c) the person completes a term of office as a Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as a Deputy President is revoked under section 33(3) ; or
(e) the person dies.
(1) The Governor may suspend from office a person holding office as a Deputy President if the Governor is satisfied that the person –
(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of a Deputy President; or
(b) has become bankrupt, applied to take, or has taken, advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or
(c) has been convicted in Tasmania of –
(i) a crime; or
(ii) an offence that is punishable by imprisonment for a term of 12 months or more –
or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(2) The Governor may suspend a Deputy President from office if the Governor is satisfied that the person has been charged with –
(a) a crime; or
(b) an offence that is punishable by imprisonment for a term of 12 months or more; or
(c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(3) The Governor may suspend a Deputy President from office if the Governor is satisfied that the person has –
(a) engaged in misconduct as a member of the Tribunal; or
(b) engaged in misbehaviour that brings the office into disrepute; or
(c) breached the code of conduct and the President has recommended the revocation of the appointment.
(4) The Minister must consult with the President before a Deputy President is suspended under this section.
(5) If a person has been suspended from office under subsection (1) , (2) or (3) , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid.
(1) If a person has been suspended from office under section 30(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 30(5) or a longer period allowed by resolution of the House of Parliament, may pass a resolution –
(a) confirming the suspension; or
(b) revoking the suspension.
(2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of Deputy President, the suspension of the person from the office of Deputy President is revoked on and from the day on which the resolution is passed by both the Houses.
(1) The Governor may revoke or vary a suspension imposed under section 30(1) , (2) or (3) .
(2) If the Deputy President who has been suspended was a magistrate when appointed as a Deputy President, the Minister must consult with the Chief Magistrate before the suspension of the Deputy President is revoked or varied under subsection (1) .
(3) If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament within 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid.
(4) If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the statement in relation to the revocation or variation is laid before the House under subsection (3) or a longer period allowed by resolution of the House of Parliament before which it is laid, may pass a resolution –
(a) confirming the revocation or variation of the suspension; or
(b) revoking the revocation or variation of the suspension.
(5) If both Houses of Parliament pass a resolution under subsection (4)(a) confirming the revocation or variation of the suspension, the suspension is varied or revoked, respectively, on and from the day on which the resolution is passed by both Houses.
(1) The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as a Deputy President on the grounds for suspension, referred to in section 30(1) or (3) , that are specified in the statement, if –
(a) the Governor is satisfied that the person may be suspended from the office of Deputy President on the grounds, referred to in section 30(1) or (3) , that are specified in the statement; and
(b) the Governor has suspended the person from office under section 30 on any grounds specified in the statement, whether or not they are the same grounds as the grounds to which the statement relates; and
(c) the statement required by section 30(5) to be laid before both Houses of Parliament in relation to the suspension of the person from the office of Deputy President has been laid before each House; and
(d) where the person has been suspended from office under section 30(3) , the suspension has been confirmed under section 31(1)(a) .
(2) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under subsection (1) , may resolve –
(a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or
(b) to revoke the appointment of the person as a Deputy President.
(3) If both Houses have resolved –
(a) under subsection (2)(a) to revoke the suspension of a person from the office of Deputy President, the suspension of the person from the office of Deputy President is revoked; or
(b) under subsection (2)(b) to revoke the appointment of a person as a Deputy President, the appointment of the person as a Deputy President is revoked –
on and from the day on which the resolution is passed by both Houses.
(1) If a person is suspended from the office of Deputy President under section 30 , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of a Deputy President to which the person is to be entitled in respect of the period of suspension.
(2) If a person is suspended from the office of Deputy President under section 30 , the person is not entitled, in respect of the period of the suspension, to any more of the salary of the Deputy President to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension as so varied, if at all.
(3) Despite subsection (2) , if the suspension of a person from the office of Deputy President for a period under section 30 is revoked under section 31(2) , section 32(1) or section 33(2)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Part.
(1) The Minister may appoint a person as an Acting Deputy President if –
(a) there is a vacancy in an office of Deputy President; or
(b) a Deputy President is absent or for any other reason is unable to perform the duties of office.
(2) The Minister may only appoint a person as an Acting Deputy President if the person is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner.
(3) An appointment under this section must be in writing.
(4) The appointment of a person as an Acting Deputy President is to be –
(a) for a term, of not more than 6 months, specified in the instrument of appointment; and
(b) specified in the instrument of appointment to be –
(i) on a full-time basis; or
(ii) on a part-time basis; or
(iii) on a sessional basis.
(5) The Minister must consult with the President before making an appointment under subsection (1) .
(6) A person appointed as an Acting Deputy President –
(a) has all the functions and powers of a Deputy President; and
(b) is taken to be a Deputy President for the purposes of this Act (other than the provisions of Subdivision 1 of Division 2 , apart from section 14 ) and any relevant Act.
(7) The Minister, by notice in writing to a person who is appointed as an Acting Deputy President, may, at the request of the President and the person, alter the basis, referred to in subsection (4)(b) , on which the person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis.
(1) A person appointed as an Acting Deputy President is, for the term of the appointment, entitled to be paid the salary and allowances determined by the Minister after consultation with the President.
(2) Any remuneration and allowances that are, before or during a person’s term of office as an Acting Deputy President, determined under subsection (1) to be payable to the person as Acting Deputy President, cannot, subject to section 5 , be reduced during the person’s term of office as an Acting Deputy President.
(3) A person appointed as an Acting Deputy President may be appointed under section 35 as an Acting Deputy President for a further term that is continuous on one or more of the person’s previous appointments as an Acting Deputy President –
(a) by the Minister, if the total period of continuous appointments is not more than 6 months; or
(b) by the Governor, if the total period of continuous appointments is more than 6 months.
(4) Nothing in subsection (3) is to be taken to prevent a person being appointed under section 35 , as many times as may be, for a period, if the period is not within 2 months of the end of one or more of the person’s previous appointments as an Acting Deputy President.
A person appointed under section 35(1) as an Acting Deputy President ceases to be an Acting Deputy President if –
(a) the person ceases to be an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(b) the person resigns his or her office as Acting Deputy President by written notice to the Minister; or
(c) the person completes a term of office as an Acting Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment is revoked under section 38(1) ; or
(e) the person dies.
(1) The Governor may at any time revoke the appointment under section 35(1) of a person as an Acting Deputy President.
(2) A revocation under subsection (1) must be in writing.
(3) The Minister must consult with the President before the appointment of a person as an Acting Deputy President is revoked under subsection (1) .
(1) The Minister, on the request of the President, may appoint a person as a supplementary Deputy President of the Tribunal.
(2) The Minister may appoint a person under subsection (1) –
(a) even though there is no vacancy in an office of Deputy President; and
(b) whether or not there is more than one Deputy President; and
(c) even though a person is acting under section 35 as a Deputy President.
(3) The Minister may only appoint a person under subsection (1) as a supplementary Deputy President if the person is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner.
(4) An appointment under subsection (1) must be in writing.
(5) The appointment of a person as a supplementary Deputy President –
(a) is to be specified in the instrument of appointment to be –
(i) an appointment for a term, of not more than 2 years, specified in the instrument of appointment; or
(ii) an appointment in relation to a particular proceeding or particular proceedings; and
(b) is to be specified in the instrument of appointment to be –
(i) on a full-time basis; or
(ii) on a part-time basis; or
(iii) on a sessional basis.
(6) A person appointed as a supplementary Deputy President –
(a) may act as a Deputy President in relation to the proceedings, or for the term, for which he or she is appointed; and
(b) when acting under the appointment, is to be taken to be a Deputy President for the purposes of this Act (other than the provisions of Subdivision 1, apart from section 28 ) and any relevant Act.
(7) If a person is appointed as a supplementary Deputy President for a term, the Minister may, in writing, after consultation with, or at the request of, the President of the Tribunal, extend the term for which the person is appointed as a supplementary Deputy President for a further 12-month period.
(8) The Minister may appoint a person under subsection (1) as many times as may be, and the period of any such appointment may be, but is not required to be, consecutive with a previous period of appointment as a Deputy President, an Acting Deputy President under section 35 or a supplementary Deputy President.
(9) The Minister, by notice in writing to a person who is appointed as a supplementary Deputy President, may, at the request of the person, alter the basis, referred to in subsection (5)(b) , on which the person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis.
(1) A person appointed as a supplementary Deputy President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Minister.
(2) A person appointed as a supplementary Deputy President is, for the term of the appointment, entitled to be paid any remuneration or allowances determined by the Minister after consultation with the President.
(3) Any remuneration and allowances that are, during a person’s term of office as a supplementary Deputy President, determined under subsection (2) to be payable to the person as a supplementary Deputy President, cannot, subject to section 5 , be reduced during the person’s term of office as a supplementary Deputy President.
A person ceases to be a supplementary Deputy President of the Tribunal if –
(a) the person ceases to be an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(b) the person resigns as a supplementary Deputy President by written notice to the Minister; or
(c) the person completes a term of office as a supplementary Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as a supplementary Deputy President is revoked under section 42(1) ; or
(e) the person dies.
(1) The Governor may at any time revoke the appointment under section 39(1) of a person as a supplementary Deputy President.
(2) A revocation under subsection (1) must be in writing.
(3) The Minister must consult with the President of the Tribunal before the appointment of a person as a supplementary Deputy President is revoked under subsection (1) .
The Minister may from time to time appoint a panel of persons who, at the request of the Minister –
(a) are, after consultation with the President, to recommend the selection criteria for the senior members, supplementary senior members, ordinary members and supplementary ordinary members; and
(b) are to assess a candidate, or candidates, for appointment as a senior member or ordinary member of the Tribunal and, as appropriate, to provide advice to the Minister for the purposes of section 44(1) .
(1) The Governor may appoint a person as –
(a) a senior member of the Tribunal; or
(b) an ordinary member of the Tribunal.
(2) The Governor may only appoint a person as a senior member of the Tribunal, or an ordinary member of the Tribunal, if the person –
(a) is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(b) has, in the Governor’s opinion, extensive knowledge, expertise or experience relating to a type of matter in relation to which functions or powers may be performed or exercised by the Tribunal and, where the Governor thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter.
(3) The members are to be appointed under subsection (1) having regard to –
(a) any selection criteria applying under section 43(a) ; and
(b) any advice provided under section 43(b) ; and
(c) the range of knowledge, expertise and experience required within the membership of the Tribunal.
(4) The Minister must consult with the President before a person is appointed under subsection (1) .
(5) The appointment of a senior member or ordinary member under subsection (1) is to be –
(a) [Section 44 Subsection (5) amended by No. 7 of 2025, s. 239, Applied:01 Jul 2025] specified in the instrument of appointment to be for a term not exceeding 5 years; and
(b) specified in the instrument of appointment to be –
(i) on a full-time basis; or
(ii) on a part-time basis; or
(iii) on a sessional basis.
(6) A person appointed as a senior member or ordinary member may be appointed as such a member as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as such a member.
(7) A person may be appointed as a senior member or ordinary member for a term beginning immediately after the end of a previous term of such an appointment without the advice of a panel established under section 43 being required to be sought.
(8) [Section 44 Subsection (8) amended by No. 17 of 2021, s. 10, Applied:05 Nov 2021] [Section 44 Subsection (8) amended by No. 17 of 2021, s. 10, Applied:05 Nov 2021] The Minister, by notice in writing to a person who is appointed under subsection (1) as a senior member or an ordinary member, may, at the request of the President, alter the basis, referred to in subsection (5)(b) , on which a person is appointed so that the person becomes appointed as a senior member or an ordinary member, respectively, on a full-time basis, a part-time basis or a sessional basis.
(9) [Section 44 Subsection (9) amended by No. 17 of 2021, s. 10, Applied:05 Nov 2021] The Minister must consult with the President about the basis of an appointment referred to in subsection (5)(b) .
(1) A person appointed as a senior member or ordinary member holds office on the terms and conditions, not inconsistent with this Act, specified in his or her instrument of appointment.
(2) The Minister must consult with the President from time to time about the terms and conditions to be included, in accordance with subsection (1) , in instruments of appointment of persons under section 44(1) .
(3) A person appointed as a senior member or ordinary member is, for the term of the appointment, entitled to be paid the remuneration and allowances that are specified in the person’s instrument of appointment, as amended from time to time.
(4) An amount to which a person appointed as a senior member or ordinary member is entitled under subsection (3) cannot, subject to section 5 , be reduced during the person’s term of office.
A person ceases to be a senior member or an ordinary member if –
(a) where the person was appointed –
(i) on the basis that the person satisfied the requirement of section 44(2)(a) – the person ceases to be an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(ii) on the basis that the person held a particular qualification or an authority to engage in a profession – if the person ceases to hold that qualification or authority; or
(b) the person resigns by written notice to the Minister; or
(c) the person completes a term of office as such a member and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as a senior member or an ordinary member is revoked under section 47(1) ; or
(e) the person dies.
(1) The Governor may revoke the appointment of a senior member or ordinary member for –
(a) mental or physical incapacity to satisfactorily perform or exercise the functions or powers of a member; or
(b) neglect of duty as a member; or
(c) misconduct as a member of the Tribunal, or misbehaviour that brings the Tribunal into disrepute; or
(d) breach of a code of conduct, but only on the recommendation of the President.
(2) The Minister must consult with the President before the appointment of a senior member or ordinary member is revoked under subsection (1) .
(3) The President may, on his or her own initiative or at the request of the Minister, suspend from office a senior member or ordinary member if it appears that there may be grounds for the revocation of the appointment of the member.
(4) If a senior member, or ordinary member, who is appointed on a full-time or part-time basis is suspended under subsection (3) , the member remains entitled to the member’s usual remuneration and allowances during the period of suspension.
(5) The Minister may revoke a suspension under subsection (3) .
(6) A suspension under subsection (3) , and a revocation of such a suspension under subsection (5) , must be in writing.
(1) The Minister, at the request or with the agreement of the President, may appoint a person as a supplementary senior member, or a supplementary ordinary member, of the Tribunal.
(2) The Minister may only appoint a person under subsection (1) if the person –
(a) is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(b) [Section 48 Subsection (2) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] has, in the Minister’s opinion, extensive knowledge, expertise or experience relating to a type of matter in relation to which functions or powers may be performed or exercised by the Tribunal, and, where the Minister thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter; or
(c) [Section 48 Subsection (2) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] is to be designated under the Health Practitioners Tribunal Act 2010 as a professional member, or a community member, for the purposes of that Act.
(3) [Section 48 Subsection (3) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] In appointing a person under subsection (1) as a supplementary senior member or a supplementary ordinary member, the Minister must (except in relation to a person to whom subsection (2)(c) applies) have regard to –
(a) any selection criteria applying under section 43(a) , whether in relation to a supplementary senior member or a supplementary ordinary member, or both; and
(b) any advice provided under section 43(b) ; and
(c) the range of knowledge, expertise and experience required within the membership of the Tribunal.
(4) An appointment under subsection (1) must be in writing.
(5) The appointment of a person under subsection (1) –
(a) is to be specified in the instrument of appointment to be –
(i) an appointment for a term, of not more than 2 years, specified in the instrument of appointment; or
(ii) an appointment in relation to a particular proceeding or particular proceedings; and
(b) is to be specified in the instrument to be –
(i) on a full-time basis; or
(ii) on a part-time basis; or
(iii) on a sessional basis.
(6) [Section 48 Subsection (6) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] [Section 48 Subsection (6) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] The Minister, by notice in writing to a person who is appointed under subsection (1) as a supplementary senior member or as a supplementary ordinary member, may, at the request of the President, alter the basis, referred to in subsection (5)(b) , on which a person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis.
(7) A person who is appointed under subsection (1) as a supplementary senior member or a supplementary ordinary member –
(a) may act as a member of the Tribunal in relation to the particular proceeding, or particular proceedings, or for the term, for which the person is appointed; and
(b) when acting under the appointment is taken to be a senior member, or an ordinary member, respectively, for the purposes of this Act and any relevant Act.
(8) The Minister, after consultation with the President, may extend for a further 6 months the term of appointment of a person appointed under subsection (1) .
(9) A person appointed as a supplementary senior member, or supplementary ordinary member, may be appointed as such a member as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as such a member.
(1) A person appointed under section 48(1) holds office on the terms and conditions, not inconsistent with this Act, specified in his or her instrument of appointment.
(2) The Minister must consult with the President from time to time about the terms and conditions to be included in instruments of appointment of persons under section 48(1) .
(3) A person appointed under section 48(1) is, for the term of the appointment, entitled to be paid the remuneration or allowances that are specified in the person’s instrument of appointment, as amended from time to time.
(4) An amount to which a person appointed as a supplementary senior member or supplementary ordinary member is entitled under subsection (3) cannot, subject to section 5 , be reduced during the person’s term of office.
(1) A person appointed under section 48(1) ceases to be a supplementary senior member or a supplementary ordinary member if –
(a) where the person was appointed –
(i) on the basis that the person satisfied the requirement of section 48(2)(a) – the person ceases to be an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or
(ii) on the basis that the person held a particular qualification or an authority to engage in a profession – the person ceases to hold that qualification or authority; or
(iii) [Section 50 Subsection (1) amended by No. 17 of 2021, s. 12, Applied:05 Nov 2021] on the basis that the person is to be designated, under the Health Practitioners Tribunal Act 2010 , as a professional member, or a community member, for proceedings, if the person ceases under that Act to be a professional member, or community member, respectively; or
(b) the person resigns by written notice to the Minister; or
(c) the person completes a term of office as such a member and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or
(d) the appointment of the person as a supplementary senior member or a supplementary ordinary member is revoked under subsection (2) ; or
(e) the person dies.
(2) The Governor may at any time revoke the appointment of a person under section 48(1) .
(3) The Minister must, before the appointment of a person under section 48(1) is revoked under subsection (2) , consult with the President.
(1) A person may hold the office of senior member, ordinary member, supplementary senior member or supplementary ordinary member, in conjunction with State Service employment.
(2) However, the State Service Act 2000 does not apply to such a person in his or her capacity as a member.
(3) A senior member, ordinary member, supplementary senior member or supplementary ordinary member is not, despite any other provision of this Act, entitled under this Act to any remuneration or allowances in relation to his or her appointment or service as such a member, except with the approval of the Minister administering the State Service Act 2000 .
(1) The President –
(a) must advise the Minister of the nature of any paid employment or professional work undertaken outside the President’s duties as President or a member of the Tribunal; and
(b) must not engage in any such employment or work if the Minister informs the member that, in the Minister’s opinion, to do so would or may conflict with the proper performance of the President’s duties as President or a member of the Tribunal.
(2) A Deputy President, senior member or ordinary member –
(a) must advise the President of the nature of any paid employment or professional work undertaken outside the member’s duties as a member of the Tribunal; and
(b) must not engage in any such employment or work if the President informs the member that, in the President’s opinion, to do so would or may conflict with the proper performance of the member’s duties of office.
(1) The Secretary of the Department must appoint a State Service officer, or State Service employee, to be the Registrar of the Tribunal.
(2) The Registrar of the Tribunal is to be the principal registrar of the Tribunal.
(3) The Secretary of the Department must appoint at least one person who is a State Service officer, or State Service employee, to be a Deputy Registrar of the Tribunal.
(4) The Secretary of the Department must consult with the President of the Tribunal before making an appointment under this section.
(5) The office of the Registrar or of a Deputy Registrar is to be held in conjunction with employment in the State Service.
(1) The functions of the Registrar are –
(a) the functions prescribed for the purposes of this section; and
(ab) [Section 54 Subsection (1) amended by No. 17 of 2021, s. 13, Applied:05 Nov 2021] the functions conferred on the Registrar under any other Act; and
(b) [Section 54 Subsection (1) amended by No. 17 of 2021, s. 13, Applied:05 Nov 2021] other functions assigned to the Registrar by the President or under the Tribunal rules.
(2) The functions of a Deputy Registrar are –
(a) the functions prescribed for the purposes of this section; and
(b) [Section 54 Subsection (2) amended by No. 17 of 2021, s. 13, Applied:05 Nov 2021] other functions assigned to the Deputy Registrar by the President or the Registrar or under the Tribunal rules.
(3) A registrar is, in the performance of any function or the exercise of any power, subject to the direction of the President.
[Section 55 Amended by No. 17 of 2021, s. 14, Applied:05 Nov 2021] A registrar may delegate a function of the registrar under this Act (other than this power of delegation) or another Act –
(a) to a particular person or committee; or
(b) to persons from time to time performing particular duties or holding or acting in particular positions.
(1) The President may make arrangements with the Secretary of the Department for the services of State Service officers or State Service employees, who are employed in the Department, to be made available to the Tribunal to enable the Tribunal to perform and exercise the functions and powers of the Tribunal.
(2) A State Service officer or State Service employee whose services are made available to the Tribunal under subsection (1) may serve the Tribunal in conjunction with State Service employment, but when so serving is subject to the direction of the President in relation to matters relating to this Act or a relevant Act.
The Registrar may, by instrument in writing, designate –
(a) a member of the staff of the Tribunal, or persons within a class of members of the staff of the Tribunal, to be officers of the Tribunal; or
(b) persons from time to time performing particular duties, or holding or acting in particular positions, to be officers of the Tribunal.
(1) The following Divisions of the Tribunal are established:
(a) the General Division;
(b) the Protective Division.
(2) The functions and powers of the Tribunal, in relation to an Act, that are, in –
(a) the Division Schedule for the Division of the Tribunal; or
(b) an instrument in writing under subsection (3) –
allocated to a Division of the Tribunal, are to be performed and exercised in that Division and, if those functions and powers are, in the Division Schedule or in such an instrument, allocated to a stream of the Division of the Tribunal, are to be performed and exercised in that stream of the Division.
(3) [Section 59 Subsection (3) amended by No. 17 of 2021, s. 16, Applied:05 Nov 2021] The President may, by instrument in writing, allocate to a Division of the Tribunal, and to a stream of a Division of the Tribunal, the functions and powers of the Tribunal in relation to an Act that is not referred to in a Division Schedule and that are, after the commencement day, conferred on the Tribunal.
(4) A Division of the Tribunal is composed of the members assigned to the Division by or under this Act.
(5) A stream of a Division of the Tribunal is composed of the members assigned to the stream by or under this Act.
(6) The Division Schedule for a Division of the Tribunal may include provisions about the following matters:
(a) the qualifications for the appointment of a Division Head of the Division;
(b) the qualifications for the assignment of members to the Division or a stream of the Division;
(c) the allocation to the Division of functions and powers of the Tribunal in relation to an Act specified in the Division Schedule and an instrument under such an Act;
(d) the allocation to a stream of the Division of functions and powers of the Tribunal in relation to an Act specified in the Division Schedule and an instrument under such an Act;
(e) special requirements for the constitution of the Tribunal when performing or exercising functions or powers of the Tribunal allocated to the Division or to a stream of the Division;
(f) special requirements in relation to the powers of, and the practice and procedure to be followed by, the Tribunal in relation to proceedings in the Division or in a stream of the Division;
(g) special requirements regarding appeals from decisions made by the Tribunal in the Division or in a stream of the Division.
(7) The provisions of a Division Schedule for a Division of the Tribunal prevail to the extent of any inconsistency between those provisions and any other provision of this Act.
(1) The President is assigned to each Division of the Tribunal and each stream of a Division of the Tribunal.
(2) A Division Head –
(a) is assigned to the Division of the Tribunal in respect of which he or she is appointed as the Division Head; and
(b) is assigned to each stream of that Division of the Tribunal.
(3) The Governor is to appoint the President or a Deputy President to be the Division Head in relation to a Division of the Tribunal.
(4) The Governor may appoint the President or a Deputy President to be the Division Head in relation to a Division of the Tribunal –
(a) in the instrument appointing under this Act the President or Deputy President; or
(b) in another instrument under this subsection.
(5) The Governor, in writing, may remove a Division Head from the office of Division Head.
(6) A Division Head ceases to hold office as a Division Head if he or she –
(a) ceases to hold office as the President or a Deputy President; or
(b) is removed from the office under subsection (5) .
(7) If there is a vacancy in the office of a Division Head, or a Division Head is absent from duty, the Minister may appoint the President, or a Deputy President, to act as the Division Head during the vacancy or absence.
(1) The functions and powers of a Division Head of a Division of the Tribunal are –
(a) [Section 61 Subsection (1) amended by No. 17 of 2021, s. 17, Applied:05 Nov 2021] to direct (subject to this Act, the regulations, the Tribunal rules and any direction of the President) the business of the Tribunal in that Division; and
(b) to perform and exercise the other functions and powers that may be conferred or imposed on the Division Head by or under this Act or any other Act.
(2) The Division Head of a Division of the Tribunal may, in writing –
(a) delegate to a Deputy President a function or power of the Division Head, other than this power of delegation; and
(b) [Section 61 Subsection (2) amended by No. 17 of 2021, s. 17, Applied:05 Nov 2021] delegate to a registrar or any other member of the staff of the Tribunal a function or power, of the Division Head, that is prescribed by the regulations or the Tribunal rules, other than this power of delegation.
(1) Subject to this Act, the President –
(a) is to assign each member (other than the President or a Division Head), including each Deputy President, to one or more Divisions of the Tribunal; and
(b) may assign a member who is a Division Head to one or more Divisions of the Tribunal in respect of which the member is not a Division Head –
and may vary any such assignment at any time.
(2) An assignment under subsection (1) of a member to a Division of the Tribunal –
(a) is to be in writing; and
(b) is to be made in accordance with any applicable provisions of the Division Schedule for the Division or of this Act and any relevant Act; and
(c) is subject to any limitations specified in the member’s instrument of appointment or assignment.
(3) An assignment under subsection (1) of a member to a Division of the Tribunal may be limited to participation in proceedings that are in one or more streams of the Division.
(4) If a person is appointed as a member in relation to proceedings that are within a Division of the Tribunal, the member is to be taken to be assigned under subsection (1) to the Division of the Tribunal.
(1) Each stream that is specified in a Division Schedule to be a stream of the Division of the Tribunal is a stream of the Division of the Tribunal for the purposes of this Act.
(2) The President may assign a Deputy President to one or more streams of a Division of the Tribunal to which the Deputy President is assigned.
(3) The Division Head of a Division of the Tribunal may assign to a stream of the Division of the Tribunal a senior member, or an ordinary member, of the Tribunal who is assigned to the Division of the Tribunal, and may vary at any time the assignment of the member to a stream.
(4) An assignment of a member to a stream of a Division of the Tribunal –
(a) is to be made in accordance with any applicable provisions of the Division Schedule for the Division of the Tribunal or of this Act and any relevant Act; and
(b) is subject to any limitations specified in the member’s instrument of appointment or assignment.
(5) If a senior member or an ordinary member is appointed as such a member in relation to particular matters, or proceedings, that are within a stream of a Division of the Tribunal, the member is to be taken to be assigned to the stream.
[Part 6 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
[Section 64 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal.
(2) The Tribunal is not to be constituted by more than 5 members.
(3) A person is not to be a sitting member of the Tribunal, or perform any function as a member of the Tribunal, in relation to a matter in the review jurisdiction of the Tribunal if the person was –
(a) the decision-maker in relation to that matter; or
(b) a member of a body that was the decision-maker in relation to that matter.
(4) The Tribunal may be constituted by –
(a) a registrar for the purpose of adjourning proceedings; or
(b) a registrar, or other member of the staff of the Tribunal, for any other purpose that is –
(i) specified by this Act or a relevant Act; or
(ii) prescribed by the Tribunal rules; or
(iii) determined by the President –
to be a purpose for which the Tribunal may be constituted by a registrar, or such other member of the staff of the Tribunal, respectively.
(5) If a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President so directs, refer the matter to the Tribunal for determination by the Tribunal.
(6) Except as constituted by a registrar, or other member of the staff of the Tribunal, in accordance with subsection (4) , the Tribunal is to be constituted in relation to proceedings in accordance with the requirements of an applicable Division Schedule in relation to such proceedings.
[Section 65 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) Subject to section 64(6) , the President may, as he or she considers fit, do either or both of the following:
(a) alter who is to constitute the Tribunal for the purpose of dealing with a matter, or anything relating to a matter, after the Tribunal has begun to deal with the matter;
(b) provide that different aspects of the same matter may be dealt with by different members of the Tribunal.
(2) If the President alters the constitution of the Tribunal under subsection (1)(a) , the Tribunal as constituted after the alteration may have regard to –
(a) any record of the proceedings in relation to the matter before the alteration; and
(b) any evidence taken in the proceedings before the alteration.
(3) If the President provides under subsection (1)(b) that different aspects of the same matter may be dealt with by different members of the Tribunal, the members of the Tribunal may, during or after dealing with the different aspects of a matter, come together and have regard to any evidence taken by the respective members of the Tribunal for the purposes of the proceedings.
(4) The Tribunal may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.
[Section 66 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] The Tribunal may, if it considers it appropriate to do so, organise its business and regulate its proceedings in such a way that 2 or more proceedings in respect of the same matter are heard together.
[Section 67 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) If, for dealing with a particular matter, the Tribunal is constituted by 2 or more members, the most senior of them is to preside at the proceedings in relation to the matter.
(2) The seniority of members of the Tribunal depends on which of the offices held takes precedence and, if that does not determine a member’s seniority, the matter is to be resolved by the President.
(3) The order of precedence of offices is as follows:
(a) President;
(b) Deputy President;
(c) senior member;
(d) ordinary member.
[Section 68 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) Subject to the provisions of a relevant Act, if the Tribunal is constituted by 2 or more members, a question that they are required to decide is resolved according to the opinion of the majority of them but, if their opinions on the question are equally divided, the question is to be resolved according to the opinion of the presiding member.
(2) Nothing in subsection (1) is to be taken to prevent the application of section 117 in relation to a matter.
[Section 69 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] An act of the Tribunal, or any proceedings, is not invalid by reason only of –
(a) a vacancy in the membership of the Tribunal; or
(b) a defect in the appointment of a person to be a member of the Tribunal or of a panel from which members of the Tribunal are drawn; or
(c) a defect in the appointment of any other person to act on behalf of the Tribunal.
[Section 70 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] If the Tribunal is constituted by, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member’s functions in proceedings, the member –
(a) must disclose the interest to the parties to the proceedings; and
(b) must disclose the interest to the President or, if the President is the member with the interest, make a record of the interest and declare whether he or she will withdraw from the proceedings; and
(c) must not take part in the proceedings or exercise powers affecting the proceedings –
(i) if the President directs the member to withdraw from the proceedings or has declared that he or she will withdraw from the proceedings; or
(ii) if a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceedings.
[Part 7 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
[Section 71 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The Tribunal has the jurisdiction conferred on it by or under this or any other Act.
(2) Without limiting subsection (1) , if a provision of an Act enables an application, referral or appeal to be made to the Tribunal, or a claim or matter to be brought before the Tribunal, the Act is taken to confer jurisdiction on the Tribunal to deal with the matter concerned.
(3) A matter in relation to which the Tribunal has jurisdiction comes within –
(a) its original jurisdiction, as determined under section 72 ; or
(b) its review jurisdiction, as determined under section 74 .
[Section 72 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] If a relevant Act confers on the Tribunal jurisdiction to deal with a matter that does not involve a reviewable decision, the matter is within the Tribunal’s original jurisdiction.
[Section 73 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) Subject to subsections (2) and (3) , the Tribunal will, in exercising its original jurisdiction, depending on the nature of the matter –
(a) act as the original decision-maker in the matter and accordingly apply those principles which, according to law, are to be applied to persons or bodies that make such decisions pursuant to statute; or
(b) resolve a dispute between parties to the relevant proceedings; or
(c) adopt any other course of action that the Tribunal considers appropriate to deal with the matter.
(2) In exercising its original jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act and may, in addition to exercising its powers under this Act, exercise all the powers that are conferred by the relevant Act on the Tribunal as the original decision-maker.
(3) The relevant Act may modify the operation of this Act in relation to a matter that is within the Tribunal’s original jurisdiction.
[Section 74 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) If a relevant Act confers on the Tribunal jurisdiction to deal with a matter and that matter, expressly or necessarily, involves a review of a decision (a reviewable decision), the matter is within the Tribunal’s review jurisdiction.
(2) For the purposes of this Act –
(a) unless paragraph (b) applies, the decision-maker for a reviewable decision is the person or body that made or is taken to have made the reviewable decision; and
(b) the Tribunal rules may provide –
(i) that the decision-maker for a reviewable decision, instead of being the person or body under paragraph (a) , is to be a person or body that is designated by the Tribunal rules to be a suitable entity to act as the decision-maker for the purposes of this Act or specified provisions of this Act; or
(ii) that a reference to the decision-maker for a reviewable decision in this Act, or specified provisions of this Act, will be taken to include a reference to a person or body that is designated by the Tribunal rules to be a suitable entity to act jointly with the person or body under paragraph (a) for the purposes of this Act (or specified provisions of this Act) –
and Tribunal rules made under this paragraph are to then have effect in accordance with their terms.
(3) If, under a relevant Act, a person’s failure or omission to do something is reviewable under this Act as a decision –
(a) this Act applies as if that person had made that decision; and
(b) any provision of the relevant Act as to when the decision is taken to have been made has effect.
(4) For the purposes of this Act, a matter in relation to which jurisdiction is conferred on the Tribunal under Division 2 of Part 3 of Chapter 3 of the Mental Health Act 2013 is not to be taken to be a matter that involves a reviewable decision.
[Section 74A Inserted by No. 7 of 2025, s. 240, Applied:01 Jul 2025]
(1) Unless otherwise specified in this Act or a relevant Act, or regulations made under a relevant Act, an application for a review of a reviewable decision may only be made –
(a) by an interested person in respect of the reviewable decision or any other person that the Tribunal is satisfied has a sufficient interest in the reviewable decision; and
(b) in the manner prescribed or, if no manner is prescribed, as otherwise determined by the Tribunal; and
(c) within one of the following periods in respect of the reviewable decision:
(i) if the applicant requested a statement of reasons under Division 1A of Part 8 in respect of the reviewable decision, within 28 days after the person was provided with a statement of reasons, or a notification of the refusal to provide reasons, under that Division in respect of the decision;
(ii) in any other case, 28 days from the date on which the person was notified of the making of the reviewable decision or such other period as is prescribed.
(2) If an application for a review of a reviewable decision is made, the Registrar must –
(a) cause notice of the application to be served on any party to the proceedings (other than the applicant) within such time, and in such manner, as may be specified in the Tribunal rules; or
(b) direct the applicant to serve notice of the application –
(i) on such persons as are specified by the Registrar; and
(ii) within such time, and in such manner, as may be specified in the Tribunal rules.
(3) If an applicant is given a direction of the Registrar under subsection (2)(b) in respect of an application, the application is of no effect until the applicant complies with the direction.
[Section 75 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The purpose of a review of a reviewable decision is to produce the correct or preferable decision.
(2) [Section 75 Subsection (2) substituted by No. 7 of 2025, s. 241, Applied:01 Jul 2025] Subject to subsection (6) , if an application for review is made to the Tribunal in respect of one of the following reviewable decisions, the review by the Tribunal of the reviewable decision is to be by way of a hearing de novo of the matter to which the reviewable decision relates:
(a) a reviewable decision under an Act, including any regulations or instruments made under such an Act, that is an Act in relation to which the functions and powers of the Tribunal are allocated under clause 3 of Part 8 of Schedule 2 to the Resource and Planning stream;
(b) a reviewable decision under an Act or a provision of an Act, including any regulations or instruments made under such an Act, that is specified in Schedule 4 .
(3) Subject to subsections (4), (5), (6) and (7) and the provisions of a relevant Act, if a reviewable decision, to which an application for review made to the Tribunal relates, is a decision in relation to an Act, or regulations or an instrument made under an Act, that is not an Act to which subsection (2) applies, the review by the Tribunal of the reviewable decision is to be by way of a rehearing of the matter to which the reviewable decision relates.
(4) On a rehearing, the Tribunal may have regard to, and give appropriate weight to, the decision of the original decision-maker.
(5) Proceedings on a rehearing may include –
(a) an examination of the evidence or material before the decision-maker, unless any such evidence or material is to be excluded under another provision of this Act or under any other law; and
(b) a consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter.
(6) In exercising its review jurisdiction in relation to a reviewable decision under a relevant Act –
(a) the Tribunal is to deal with a matter in accordance with this Act and the relevant Act; and
(b) has, in addition to the powers of the Tribunal under this Act, all the powers that are conferred by the relevant Act on the original decision-maker.
(7) The relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal’s review jurisdiction under the relevant Act.
[Section 76 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) In proceedings for the review by the Tribunal of a reviewable decision, the decision-maker for the reviewable decision must use his or her best endeavours to help the Tribunal so that it can make its decision on the review.
(2) Without limiting subsection (1) , the decision-maker must, if directed to do so by the Tribunal, provide the following to the Tribunal within the period directed by the Tribunal:
(a) a written statement of the reasons for the decision;
(b) any document or thing in the decision-maker’s possession or control that may be relevant to the Tribunal’s review of the decision.
(3) The decision-maker must, in providing any document or thing under subsection (2) , take reasonable steps to identify the documents or things that were taken into account in making the relevant decision.
(4) If the Tribunal considers that there are additional documents or things in the decision-maker’s possession or control that may be relevant to the Tribunal’s review of the reviewable decision, the Tribunal may, by written notice, require the decision-maker to provide the documents or things.
(5) If the Tribunal considers that the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision-maker to give the Tribunal an additional statement containing further particulars specified in the notice.
(6) [Section 76 Subsection (6) amended by No. 7 of 2025, s. 242, Applied:01 Jul 2025] Subject to subsection (6B) , the decision-maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice.
(6A) [Section 76 Subsection (6A) inserted by No. 7 of 2025, s. 242, Applied:01 Jul 2025] A decision-maker who is subject to a direction or requirement of the Tribunal under this section may apply to the Tribunal for an order exempting the decision-maker from complying with the direction or requirement in respect of the statements, documents or other things specified in the application.
(6B) [Section 76 Subsection (6B) inserted by No. 7 of 2025, s. 242, Applied:01 Jul 2025] The Tribunal may make an exemption order in respect of one or more statements, documents or other things specified in an application under subsection (6A) if the Tribunal is satisfied that –
(a) it is desirable to do so given the confidential nature of the statement, document or other thing; or
(b) it is otherwise reasonable in the circumstances to make the exemption order.
(7) A requirement under this section that the decision-maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.
(8) The Tribunal may examine any document or thing provided under this section and draw any conclusions of fact that it considers proper.
[Section 77 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The commencement of proceedings for the review by the Tribunal of a reviewable decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless –
(a) the relevant Act states otherwise; or
(b) an order is made under subsection (2) .
(2) On or after the commencement of proceedings for the review by the Tribunal of a reviewable decision, the Tribunal or the decision-maker may, on application or on the Tribunal’s or the decision-maker’s own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the reviewable decision –
(a) pending the determination of the matter; or
(b) until such time (whether before or after the determination of the matter) as the Tribunal or the decision-maker specifies, if at all, in the order –
if the Tribunal, or the decision-maker, respectively, is satisfied that it is just and reasonable in the circumstances to make the order.
(3) An order by the Tribunal, or the decision-maker, under subsection (2) –
(a) is subject to the conditions, if any, that are specified in the order; and
(b) may be varied or revoked –
(i) in any case – by further order of the Tribunal; or
(ii) if the order was made by the decision-maker – by further order by the decision-maker or the Tribunal.
[Section 78 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) Subject to the provisions of a relevant Act, the Tribunal, on a review by the Tribunal of a reviewable decision, may –
(a) affirm the decision that is being reviewed; or
(b) vary the decision that is being reviewed; or
(c) set aside the decision being reviewed and –
(i) substitute its own decision; or
(ii) send the matter back to the decision-maker for reconsideration in accordance with any directions or recommendations that the Tribunal considers appropriate –
and, in any case, may make any order that the Tribunal considers appropriate.
(2) The reference in subsection (1) to an order includes a reference to –
(a) an interim order pending the reconsideration and determination of the matter by the decision-maker; and
(b) any ancillary or consequential order –
that the Tribunal considers appropriate.
(3) The fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the decision from being open to review by the Tribunal.
(4) The decision-maker’s decision as affirmed or varied by the Tribunal or a decision that the Tribunal substitutes for the decision-maker’s decision –
(a) is to be regarded as, and given effect as, a decision of the decision-maker; and
(b) unless the relevant Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect from the time when the decision reviewed would have, or would have had, effect.
(5) Without limiting subsection (4)(a) , the decision-maker has power to do anything necessary to implement the Tribunal’s decision.
(6) Despite subsection (4)(a) , the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision-maker.
[Part 8 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
[Section 79 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] In any proceedings, but subject to the provisions of a relevant Act –
(a) the procedure of the Tribunal is, subject to this Act, to be conducted with the minimum of formality; and
(b) the Tribunal –
(i) is not bound by the rules of evidence; and
(ii) may adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal, insofar as may be relevant to the proceedings; and
(iii) may otherwise inform itself as it considers fit; and
(c) the Tribunal must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.
[Section 79A of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) This Division applies to a reviewable decision that is made under –
(a) an Act, including any regulations or instruments made under such an Act, that is specified in Schedule 4 ; or
(b) a section of an Act that is specified in Schedule 4 .
(2) Despite subsection (1) , this Division does not apply to the following reviewable decisions:
(a) a decision that has been taken to have been made, under this Act or the relevant Act, due to the decision-maker failing to make a decision within the time limit specified in the relevant Act for the decision;
(b) one of the following decisions, if the decision does not adversely affect the interests of an interested person:
(i) a decision not to impose a liability, penalty or any kind of limitation on a person;
(ii) if the relevant Act provides for more than one category of entitlement to a monetary or other benefit, a decision that determines a person to be in the most favourable of those categories;
(c) a decision to adjust the level of periodic payments to be made to a person, as a member of a class of persons, if a similar adjustment is being made to the level of such payments to the other members of the class;
(d) any other decision or class of decisions prescribed by the regulations for the purposes of this subsection.
[Section 79B of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) A decision-maker who makes a reviewable decision to which this Division applies must take such steps as are reasonable in the circumstances to give each relevant interested person notice, in writing, of –
(a) the decision; and
(b) the rights of the person to do one or more of the following in respect of the decision:
(i) apply under Division 3 of Part 7 to have the decision reviewed as a reviewable decision under this Act;
(ii) make a written request under section 79C to the decision-maker for a statement of the reasons for the decision.
(2) Subsection (1) does not apply in respect of a reviewable decision to which this Division applies if –
(a) the decision-maker complies with the notification requirements of the relevant Act in respect of the reviewable decision; and
(b) as part of the notification under the relevant Act, the decision-maker gives written notice of the rights of an interested person in respect of the decision, as specified in subsection (1)(b) .
(3) For the avoidance of doubt, a failure to provide notice in respect of a reviewable decision, as required under this section, does not affect the validity of the decision.
[Section 79C of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) If a decision-maker makes a reviewable decision to which this Division applies, an interested person in respect of the decision may make a written request to the decision-maker for a statement of the reasons for the decision.
(2) As soon as practicable (and in any event within the prescribed period) after receiving a request under subsection (1) in respect of a reviewable decision, the decision-maker is to –
(a) prepare a written statement of reasons for the decision; and
(b) provide it to the person who requested the statement of reasons.
(3) A statement of reasons under subsection (2) is to include –
(a) the reasons for the decision; and
(b) if relevant, the findings on material questions of fact that relate to the decision; and
(c) details of the information, or other materials, on which the decision was made.
(4) For the avoidance of doubt, this section does not apply in respect of a reviewable decision if section 79D applies in respect of the reviewable decision.
[Section 79D of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) A decision-maker may refuse to prepare and provide a statement of reasons in respect of a reviewable decision to which this Division applies, as requested by a person under section 79C , if –
(a) the decision-maker is satisfied that the person is not an interested person in respect of the decision; or
(b) the written notification in respect of the reviewable decision under the relevant Act included a time period, being not less than 28 days, during which a request under section 79C may be made and the request was made after the expiry of that time period; or
(c) in any other case, the request was not made within a reasonable time after the decision was made.
(2) A decision-maker may not refuse to prepare and provide a statement of reasons under subsection (1) in respect of a reviewable decision if the Tribunal has made an order under section 79F that requires the decision-maker to prepare and provide a statement of reasons in respect of the reviewable decision.
(3) If a decision-maker refuses under subsection (1) to prepare and provide a statement of reasons in respect of a reviewable decision, the decision-maker must –
(a) notify the person who requested the statement of reasons under section 79C –
(i) of the decision-maker’s refusal; and
(ii) the reasons for the refusal; and
(b) give the notification to the person as soon as practicable and, in any event, within 28 days after the request for the statement of reasons was made.
[Section 79E of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) If a person has received notification under section 79D(3) refusing a request to prepare and provide a statement of reasons on the grounds specified in section 79D(1)(a) –
(a) the person may apply to the Tribunal for an order declaring that the person was entitled to make the request; and
(b) the Tribunal may make an order declaring that the person was, or was not, entitled to make the request.
(2) If a person has received notification under section 79D(3) refusing a request to prepare and provide a statement of reasons on the grounds specified in section 79D(1)(c) –
(a) the person may apply to the Tribunal for an order declaring that the person made the request within a reasonable time; and
(b) the Tribunal may make an order declaring that the request was, or was not, made within a reasonable time.
[Section 79F of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) A person may apply to the Tribunal for an order under subsection (2) in respect of a decision-maker if –
(a) the person has requested, under section 79C , that the decision-maker prepare and provide a statement of reasons in respect of a reviewable decision and the decision-maker has refused the request under section 79D ; or
(b) the person has requested, under section 79C , that the decision-maker prepare and provide a statement of reasons and the decision-maker has not responded to the request within 28 days after the request was made; or
(c) the decision-maker has prepared and provided a statement of reasons to the person under this Division that the person believes does not meet the requirements of section 79C(3) .
(2) If the Tribunal considers it reasonable in the circumstances to do so, the Tribunal may make an order that requires a decision-maker –
(a) to prepare and provide a statement of reasons in respect of a reviewable decision regardless of whether –
(i) the person who requested the statement was an interested person in respect of the reviewable decision; or
(ii) the request for the statement was made outside the time period during which such a request may be made in respect of the reviewable decision; or
(b) to provide to the applicant for the order such information as is specified in the order, so as to provide the applicant with a statement of reasons that meets the requirements of section 79C(3) .
(3) A decision-maker who is the subject of an order under subsection (2) in respect of a reviewable decision must comply with the order within 28 days after the order is made or such further period as is specified in the order.
(4) For the avoidance of doubt, nothing in this section requires the Tribunal to make an order under this section if the Tribunal is not satisfied that the order is reasonable in the circumstances.
[Section 80 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] The Tribunal will sit at the times and places that the President directs, which may include at different places at the same time.
[Section 81 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) Subject to this or any other Act, proceedings before the Tribunal, other than alternative dispute resolution processes or compulsory conferences, must be heard in public.
(2) The Tribunal may give a direction under subsection (3) if it is satisfied that it is desirable to do so –
(a) in the interest of justice; or
(b) by reason of the confidential nature of the evidence to be given before the Tribunal; or
(c) in order to expedite proceedings; or
(d) for any other reason that the Tribunal considers sufficient.
(3) The Tribunal may give directions –
(a) requiring that a hearing, or part of a hearing, be held in private; or
(b) prohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal or of any evidence that may enable the identification of any person who has appeared before the Tribunal, who is a party in proceedings or who is affected by a proceeding; or
(c) prohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or
(d) prohibiting or restricting the disclosure, to some or all of the parties to proceedings before the Tribunal, of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or
(e) excluding any person from the hearing before the Tribunal of any part of the proceedings.
(4) A person must comply with a direction of the Tribunal under subsection (3) .
Penalty: Fine not exceeding 50 penalty units.
[Section 82 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) If the Tribunal considers it appropriate, it may allow –
(a) the parties and their representatives; and
(b) any witnesses, or one or more of them –
to participate in any proceedings by means of telephone, video link or any other system or method of communication.
(2) If the Tribunal considers it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing or any other part of the proceedings.
(3) Subsection (2) does not apply to proceedings in relation to which a hearing is required by a relevant Act to be held.
(4) If the Tribunal acts under this section, the Tribunal is to take reasonably practicable steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Tribunal with the attendance in person of all persons involved in the proceedings.
[Section 83 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The provisions of a Division Schedule in relation to a stream of a Division apply in relation to proceedings in respect of the stream of that Division.
(2) The Tribunal is to take measures that are reasonably practicable –
(a) to ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and
(b) to ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the implications of those assertions; and
(c) to explain to the parties to any proceedings, if requested to do so, any aspect of the procedure of the Tribunal or any decision or ruling made by the Tribunal; and
(d) to ensure that the parties to any proceedings have the opportunity in the proceedings to be heard or otherwise have their submissions received.
(3) The Tribunal –
(a) is to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and
(b) may decide the matters on which it will hear oral evidence or argument; and
(c) may permit or require evidence or argument to be presented in writing and may require such evidence to be verified by an oath or affirmation; and
(d) may limit the time available for presenting the respective cases of parties to proceedings that are before the Tribunal at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and
(e) may require a document to be served outside the State; and
(f) may adjourn any proceedings at any time and to any place, including for the purpose of enabling the parties to the proceedings to negotiate a settlement or for the purpose of reconsideration of a decision by the decision-maker; and
(g) may proceed to hear and determine proceedings in the absence of a party to the proceedings.
(4) To the extent that the practice or procedure of the Tribunal is not prescribed by or under this Act, Tribunal rules, practice directions or a relevant Act, the practice or procedure is to be as the Tribunal determines.
[Section 84 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The Tribunal may give directions at any time in any proceedings and do whatever is necessary for the expeditious and fair conduct of proceedings.
(2) The Tribunal may give directions on its own initiative or at the request of a party to proceedings.
(3) A directions hearing may be held for the purposes of this section before any other hearing in any proceedings.
(4) The Tribunal may give a direction requiring a party to proceedings to produce a document or other material, or to provide information, to the Tribunal or another party to the proceedings.
[Section 85 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The Tribunal may direct that 2 or more proceedings that concern the same or related facts or circumstances –
(a) be consolidated into one proceeding; or
(b) remain as separate proceedings but be heard and determined together.
(2) If proceedings are consolidated, evidence given in the consolidated proceedings is admissible in relation to matters involved in either of the proceedings that were consolidated.
(3) The Tribunal may direct –
(a) that any aspect of any proceedings be heard and determined separately; or
(b) that proceedings commenced by 2 or more persons jointly be split into separate proceedings.
[Section 86 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] A person who ceases to hold office as a member of the Tribunal, other than on account of having his or her appointment revoked or being removed from office, may continue to act in the relevant office for the purpose of completing the hearing and determining proceedings part-heard by the person at the time when he or she ceased to hold that office.
[Section 86A Inserted by No. 7 of 2025, s. 244, Applied:01 Jul 2025]
(1) Subject to this or any other Act, the Tribunal is to cause a copy of its decision in respect of proceedings to be provided to –
(a) each party to the proceedings; and
(b) each other person that the Tribunal is satisfied has a proper interest in the subject matter of the proceedings.
(2) Subsection (1) does not apply to proceedings of the Tribunal that relate to interlocutory matters.
(3) In addition to its decision in respect of proceedings, the Tribunal may also give the reasons for the decision either orally or in writing.
(4) If the Tribunal does not give reasons for its decision in respect of proceedings in writing –
(a) a person provided with a copy of the decision of the Tribunal in respect of the proceedings under subsection (1) may, within 28 days after receiving that copy of the decision, request the Tribunal to give the person a statement of the reasons given by the Tribunal under subsection (3) in respect of the proceedings; and
(b) within 28 days after receiving a request from a person under paragraph (a) in respect of proceedings, the Tribunal must give the person such a statement.
(5) The Tribunal may give a statement under subsection (4) , in respect of proceedings, more than 28 days after giving a decision in relation to the proceedings if the Tribunal considers it appropriate to do so in the circumstances.
(6) A statement given under subsection (4) of the reasons of the Tribunal for its decision in respect of proceedings is to include the following:
(a) the findings on material questions of fact in the proceedings, with reference to the evidence or other material on which those findings were based;
(b) the Tribunal’s understanding of the applicable law as it applies to the proceedings;
(c) the reasoning processes that led the Tribunal to the conclusions that it made in respect of the proceedings.
(7) Nothing in this section prevents the Tribunal from –
(a) providing reasons, for its decisions in relation to proceedings, to persons other than parties to the proceedings, if the Tribunal considers it appropriate to do so; or
(b) providing reasons, for its decisions in relation to proceedings, without a request being made under this section in respect of the proceedings; or
(c) providing a statement of the reasons for its decisions, in relation to proceedings, to a person at any time if the Tribunal is satisfied that it is in the interests of justice to do so; or
(d) providing a transcript or recording of oral reasons as a statement, given under subsection (4) , if the transcript or recording complies with subsection (6) ; or
(e) providing a statement of reasons in a prescribed manner.
[Section 87 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021] The Tribunal may, at any time, make an order striking out all, or any part, of any proceedings if it considers that the matter involved in the proceedings, or any aspect of it, would be more appropriately dealt with by another tribunal, a court or any other person.
[Section 88 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The applicant in any proceedings may, at any time, withdraw, or agree to the withdrawal of, the proceedings or a part of the proceedings.
(2) Unless otherwise provided by the Tribunal rules, an applicant may only act under subsection (1) with the leave of the Tribunal.
(3) The Tribunal may, at any time, make an order dismissing or striking out all, or any part, of any proceedings, if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it.
(4) At any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution.
(5) The Tribunal’s power to make an order under subsection (4) is exercisable only by –
(a) a legally qualified member of the Tribunal; or
(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.
(6) The Tribunal may make an order under this section on the application of a party to proceedings or on its own initiative.
[Section 89 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) This section applies if the Tribunal believes that a proceeding or a part of a proceeding –
(a) is frivolous, vexatious, misconceived or lacking in substance; or
(b) is otherwise an abuse of process.
(2) If this section applies, the Tribunal may order that the proceedings, or the part of a proceeding, be dismissed or struck out and may make any related or ancillary order.
(3) The Tribunal’s power to make an order under subsection (2) is exercisable only by –
(a) a legally qualified member of the Tribunal; or
(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.
(4) The Tribunal may act under subsection (2) on the application of a party to the proceedings or on its own initiative.
(5) If a proceeding, or a part of a proceeding, is dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of the President or a Deputy President.
[Section 90 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) This section applies if the Tribunal believes on reasonable grounds that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as –
(a) failing to comply with an order or direction of the Tribunal without reasonable cause; or
(b) failing to comply with this Act or a relevant Act; or
(c) asking for an adjournment, the need for which is attributable to a failure described in paragraph (a) or (b) ; or
(d) attempting to deceive another party to the proceedings or the Tribunal; or
(e) vexatiously conducting the proceedings; or
(f) failing to attend any hearing in the proceedings.
(2) If this section applies, the Tribunal may –
(a) if the party to the proceedings who is causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; or
(b) if the party to the proceedings who is causing the disadvantage is not the applicant –
(i) determine the proceedings in favour of the applicant and make any appropriate orders; or
(ii) order that the party causing the disadvantage be struck out of the proceedings.
(3) The Tribunal may act under subsection (2) on the application of a party to the proceedings or on its own initiative.
(4) The Tribunal’s power to make an order under subsection (2) is exercisable only by –
(a) a legally qualified member of the Tribunal; or
(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.
(5) If any proceedings are dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of the President or a Deputy President.
[Section 91 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) There is to be a Rules Committee.
(2) The Rules Committee is to be constituted by the following:
(a) the President;
(b) each Division Head or a member nominated by the Division Head;
(c) the other members, if any, appointed by the President from time to time.
(3) The quorum for a meeting of the Rules Committee is a majority of the members of the Committee from time to time.
(4) The procedures of the Rules Committee are to be as determined by the President from time to time.
(5) The Rules Committee may only make under section 92 a rule for a particular Division of the Tribunal that is not a rule applying to Divisions generally, if the Division Head in relation to the Division, or a member nominated by the Division Head, is present at the meeting at which the rule is made.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Tasmanian Civil and Administrative Tribunal Act 2020 .
This Act commences on the day on which this Act receives the Royal Assent.
(1) In this Act, unless the contrary intention appears –
Acting Deputy President means an Acting Deputy President appointed under section 35(1) ;
Acting President means the Acting President appointed under section 21(1) ;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Administrative stream means the Administrative stream established by clause 1 of Part 6 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Anti-Discrimination stream means the Anti-Discrimination stream established by clause 1 of Part 4 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] applicant means –
(a) in the context of the Tribunal’s review jurisdiction, the person who –
(i) applies to the Tribunal for a review; or
(ii) otherwise brings a matter before the Tribunal; or
(iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal; and
Prescribes how reviews and original matters are handled: whether by rehearing, or by a hearing de novo in some statutory areas (e.g. Resource & Planning stream and Acts listed in Schedule 4) (ss 73–75, Schedule 4). The decision‑maker in a review must assist the Tribunal and produce reasons or documents when ordered (s 76).
Gives the Tribunal wide case‑management, evidentiary and coercive powers: directions, interlocutory orders, summonses for witnesses and documents (with penalties for non‑compliance), entry and inspection powers, expert referrals and the power to make interim and protective orders (ss 79–119, 104–111, 107–109, 111–114).
Provides rules about procedure and access: hearings are generally public (with statutory exceptions), compulsory conferences and alternative dispute resolution may be required, electronic hearings and paper‑based decisions are permitted where appropriate, and the Tribunal must use minimal formality and act according to equity and the substantial merits (ss 79, 81–83, 99–103, 82).
Regulates representation, costs and enforcement: parties may appear personally or be represented (with some limits) (s 98); the general rule is each party bears their own costs but the Tribunal may order costs in specified circumstances (Div 10, Part 8, ss 120–122); monetary orders are enforced as debts in the appropriate court and non‑monetary orders are enforceable with penalties for non‑compliance (ss 126, 127, 126(3)).
Preserves transition arrangements from previously separate Tasmanian tribunals: a large list of existing tribunals and boards were abolished and their jurisdictions, members and pending proceedings moved into the Tribunal with saving and transitional rules (Part 13, ss 147–160, Schedule 1). Tribunal rules, practice directions and regulations fill many procedural gaps (ss 92–95, 145).
Who it affects
Why it matters — stated purposes and practical implications
Stated purpose: the Act centralises and standardises the review and original decision processes to promote independence, natural justice, consistent high‑quality decision making, transparency, accessibility and lower costs to parties (s 10). It also aims to use alternative dispute resolution and flexible, less formal procedures where appropriate (s 10(c)–(g), ss 79, 99–102).
Testing the stated purpose against trade‑offs and concrete mechanisms:
Who pays, who decides, and behavioural effects (plain declarations)
Who pays: parties pay their own legal costs by default (s 120(1)). The Tribunal can order one party to pay another’s costs in specified circumstances (ss 120–121). Fees for proceedings can be prescribed by regulation (s 145(2)(c)), and the Tribunal may charge for document access (s 110(5)). Administrative set‑up and running costs fall to the State (President/registrar salaries, registries) (ss 12–13, 53).
Who decides: the Tribunal (President, Deputy Presidents, senior/ordinary members) decides cases; the President and Rules Committee set Tribunal rules and practice directions (ss 14, 91–93). The Governor (on advice) appoints senior office holders (ss 12, 26, 44). The Supreme Court hears limited appeals (s 136).
Behaviour changes caused by the Act:
Implementation risks, compliance burden and unintended consequences (mechanisms, not slogans)
Implementation risks: consolidating many jurisdictions across diverse subject matter requires investment in recruitment, training and case‑management IT; insufficient resourcing risks delay and inconsistency despite the Act’s objective of speed (s 10(c)).
Compliance burden: government agencies must collate documents and prepare statements of reasons when directed (s 76); regulated businesses must adapt to Tribunal processes (compulsory conferences, disclosure obligations, possible penalties for obstruction) (ss 99, 104, 128). Parties may face exposure to costs orders and enforcement actions (ss 120, 126).
Concentrated benefits and diffuse costs: appointed members and professional representatives gain stable roles and predictable remuneration protections (ss 13, 27, 45, 151). The costs (time, disclosure, compliance) are distributed across many agencies, businesses and citizens.
Substitution effects: transfer of jurisdiction and the availability of rehearings or de novo review (ss 72–75, Schedule 4) will change where litigants bring disputes and how lawyers advise clients (appeal routes to Supreme Court are limited in many areas — s 136).
Key statutory hooks (select references to how the Act achieves its effects)
(References in brackets are to the sections and Schedules cited in the Act.)
(b) in any other context, the person who –
(i) brings a matter before the Tribunal; or
(ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal –
but, unless and to the extent that the Tribunal rules otherwise provide, does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person;
[Section 3 Subsection (1) amended by No. 9 of 2023, s. 67, Applied:01 Jul 2024] Civil and Consumer stream means the Civil and Consumer stream established by clause 1 of Part 9 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] code of conduct means the code of conduct issued under section 94 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] commencement day means the day on which the Tasmanian Civil and Administrative Tribunal Amendment Act 2021 commences;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Community, Children and Families stream means the Community, Children and Families stream established by clause 1 of Part 6 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] compulsory conference means a compulsory conference held under Division 7 of Part 8 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] decision of the Tribunal includes a direction, determination or order of the Tribunal;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] decision-maker – see section 74(2) ;
Deputy President means a Deputy President of the Tribunal appointed under section 26(2) ;
Deputy Registrar means a Deputy Registrar of the Tribunal appointed under section 53(3) ;
Division Head means –
(a) a person appointed under section 60(3) to be the Division Head in relation to a Division of the Tribunal; and
(b) a person acting as a Division Head under section 60(7) ;
Division of the Tribunal means a Division of the Tribunal that is established by section 59(1) ;
Division Schedule, in relation to a Division of the Tribunal, means the Schedule to this Act that is entitled with the name of the Division of the Tribunal;
establishment day has the meaning it has in section 4(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] evidentiary material includes any document, object, and substance, of evidentiary value in proceedings before the Tribunal and includes any other document, object, and substance, that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] General Division means the General Division established by section 59(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Guardianship stream means the Guardianship stream established by clause 2 of Part 4 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] interested person, in relation to a reviewable decision, means –
(a) the person who applied under the relevant Act for the decision to be made; and
(b) each person who is entitled under this Act, or the relevant Act, to apply for a review of the decision; and
(c) such other persons, or classes of persons, who are prescribed as interested persons in respect of the reviewable decision;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025]
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] legally qualified member means –
(a) the President; and
(b) a magistrate who is a member; and
(c) a member who is an Australian lawyer of at least 5 years’ standing as an Australian legal practitioner;
Magistrates Court means the Magistrates Court of Tasmania;
member means a member of the Tribunal under section 11 ;
members of the staff of the Tribunal means –
(a) the registrars; and
(b) the other persons whose services are made available to the Tribunal under section 56 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Mental Health stream means the Mental Health stream established by clause 1 of Part 5 of Schedule 3 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] monetary order means an order of the Tribunal requiring the payment of money and includes –
(a) an order made for the payment of a fine or other pecuniary penalty; and
(b) an order as to the payment of any costs; and
(c) an order for the payment of compensation for breach of an Act;
[Section 3 Subsection (1) amended by No. 7 of 2025, s. 238, Applied:01 Jul 2025] Occupational and Disciplinary stream means the Occupational and Disciplinary stream established by clause 1 of Part 5 of Schedule 2 ;
officers of the Tribunal means –
(a) the registrars; and
(b) the members of the staff of the Tribunal, or other persons, who are, under section 57 , designated to be officers of the Tribunal by the Registrar;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] order of the Tribunal includes an interim order, interlocutory order, consequential order and ancillary order;
ordinary member means –
(a) an ordinary member of the Tribunal appointed under section 44(1)(b) ; and
(b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary ordinary member of the Tribunal appointed under section 48(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] original jurisdiction of the Tribunal – see section 72 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] party, in relation to proceedings, means a person who is, under this Act or a relevant Act, a party to the proceedings;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Personal Compensation stream means the Personal Compensation stream established by clause 1 of Part 7 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] practice directions means practice directions given under section 93 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] prescribed means prescribed in the regulations;
President means the President of the Tribunal appointed under section 12(2) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] proceedings means proceedings of the Tribunal and includes a hearing of the Tribunal and proceedings of the Tribunal that do not consist of a hearing;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Protective Division means the Protective Division established by section 59(1) ;
registrar means the Registrar or a Deputy Registrar;
Registrar means the Registrar of the Tribunal appointed under section 53(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] registry means a registry of the Tribunal;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] regulations means regulations made under this Act;
relevant Act means an Act specified in Schedule 1 and any other Act that confers jurisdiction on the Tribunal;
relevant Board or Tribunal means –
(a) the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1998 ; and
(b) the Asbestos Compensation Tribunal established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and
(c) the Forest Practices Tribunal established under the Forest Practices Act 1985 ; and
(d) the Guardianship and Administration Board established under the Guardianship and Administration Act 1995 ; and
(e) the Health Practitioners Tribunal established under the Health Practitioners Tribunal Act 2010 ; and
(f) the Mental Health Tribunal established under the Mental Health Act 2013 ; and
(g) the Motor Accidents Compensation Tribunal established under the Motor Accidents (Liabilities and Compensation) Act 1973 ; and
(h) the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ; and
(i) the Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Resource and Planning stream means the Resource and Planning stream established by clause 2 of Part 8 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] reviewable decision – see section 74(1) ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021] Rules Committee means the Rules Committee established under section 91 ;
[Section 3 Subsection (1) amended by No. 17 of 2021, s. 5, Applied:05 Nov 2021]
senior member means –
(a) a senior member of the Tribunal appointed under section 44(1)(a) ; and
(b) except in Subdivision 2 of Division 4 of [Part 3](
This is an opening excerpt, not the complete document.