ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2) (ACT)

ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)

A2016-28

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Sections 18, 20 and 21  2

5            Section 94  3

6            Term of appointmentNew section 98 (2A)  4

7           Conditions of appointment generallySection 100  4

8            Presidential members not to do other workSection 103  5

9            New section 103 (2)  5

10          Section 105  5

11          Functions of appeal presidentSection 106  6

12          Functions of non-presidential membersSection 107 (2)  6

13          Functions of registrar—non-presidential functionsSection 111 (2)  6

14          New part 32  7

15          Dictionary, note 2  8

16          Dictionary, definitions of appeal president and general president           8

17          Dictionary, new definition of president  8

18          Dictionary, definition of presidential member  8

19          Further amendments, mentions of general president  9

20          Further amendments, mentions of appeal president  9

Schedule 1 Consequential amendments  10

Part 1.1    Court Procedures Act 2004  10

Part 1.2    Freedom of Information Act 1989  10

Part 1.3    Guardianship and Management of Property Act 1991      11

Part 1.4    Judicial Commissions Act 1994  11

Part 1.5    Magistrates Court Act 1930  12

Part 1.6    Mental Health Act 2015  15

Part 1.7    Road Transport (Driver Licensing) Regulation 2000        16

ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)

A2016-28

An Act to amend the ACT Civil and Administrative Tribunal Act 2008, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2).

2. Commencement

   (1)This Act (other than the following provisions) commences on the day after its notification day:

   ·     section 4;

   ·     schedule 1, amendments 1.7 and 1.8;

   ·     schedule 1, part 1.5.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   (2)Section 4 and schedule 1, part 1.5 (Magistrates Court Act 1930) commence 6 months after this Act’s notification day.

   (3)Schedule 1, part 1.4 (Judicial Commissions Act 1994), amendments 1.7 and 1.8 commence immediately after the commencement of the Judicial Commissions Amendment Act 2015, section 3.

3. Legislation amended

   This Act amends the ACT Civil and Administrative Tribunal Act 2008.

   NoteThis Act also amends other legislation (see sch 1).

4. Sections 18, 20 and 21

   omit

   $10 000

   substitute

   $25 000

5. Section 94

   substitute

6. Appointment of presidential members

   (1)The Executive may appoint—

   (a)a president of the tribunal; and

   (b)other presidential members of the tribunal.

   NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   (2)Also, the Executive may appoint a person as—

   (a)a temporary president of the tribunal; or

   (b)a temporary other presidential member of the tribunal.

   (3)The Executive must not appoint a person under subsection (1) (a) or (2) (a) unless—

   (a)the person is—

   (i)a magistrate; or

   (ii)eligible to be appointed as a magistrate; and

   (b)if the person is a magistrate—

   (i)the person has agreed to the appointment; and

   (ii)the Chief Magistrate has been consulted about the person’s appointment.

   NoteMagistrates are appointed by the Executive under the Magistrates Court Act 1930, s 7. For eligibility for appointment as a magistrate, see that Act, s 7AA and s 7A.

   (4)The appointment of a magistrate as president of the tribunal does not—

   (a)affect the term or conditions of appointment of the magistrate; or

   (b)prevent the magistrate from exercising the functions given to a magistrate under any territory law.

   (5)The Executive must not appoint a person under subsection (1) (b) or (2) (b) unless the person is a lawyer and has been a lawyer for 5 years or more.

   (6)The appointment of a presidential member is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

7. Term of appointment
   New section 98 (2A)

   insert

   (2A)However, a person who is a magistrate must not be appointed as president under section 94 (1) (a), or as temporary president under section 94 (2) (a), for a term that extends beyond the date when the person turns 65 years old.

8. Conditions of appointment generally
   Section 100

   after

   this Act

   insert

   or a determination under the Remuneration Tribunal Act 1995

9. Presidential members not to do other work
   Section 103

   after

   section 94 (1)

   insert

   , or a temporary presidential member appointed under section 94 (2),

10. New section 103 (2)

    insert

    (2)This section and the Magistrates Court Act 1930, section 7G (Magistrates not to do other work) do not apply to the appointment of a magistrate as president or temporary president of the tribunal.

11. Section 105

    substitute

12. Functions of president

    (1)The president is responsible for ensuring—

    (a)that decisions are made according to law; and

    (b)the orderly and prompt discharge of tribunal business.

    Examples—par (a)

    1     ensuring decisions are free from improper interference

    2     ensuring the quality and consistency of decision making by tribunal members, including by maintaining skills and resources for that purpose

    Examples—par (b)

    1     allocating people to make up a tribunal for a particular application

    2     allocating people to make up an appeal tribunal

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)The president may delegate the president’s functions under this Act to another presidential member.

    NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

13. Functions of appeal president
    Section 106

    omit

14. Functions of non-presidential members
    Section 107 (2)

    omit

15. Functions of registrar—non-presidential functions
    Section 111 (2)

    omit

16. New part 32

    insert

Part 32Transitional—ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)

1. General president taken to be president of tribunal

   (1)This section applies to the person who, immediately before the day the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2), section 5 commences, was the general president of the tribunal.

   (2)The person is taken to be appointed as the president of the tribunal on the same conditions that applied to the person’s appointment as general president.

2. Transitional regulations

   (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2).

   (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

   (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

3. Expiry—pt 32

   This part expires 2 years after the day it commences.

   NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

4. Dictionary, note 2

   insert

   ·     Chief Magistrate

   ·     magistrate

5. Dictionary, definitions of appeal president and general president

   omit

6. Dictionary, new definition of president

   insert

   president means the president appointed under section 94 (1) (a) or a temporary president appointed under section 94 (2) (a).

7. Dictionary, definition of presidential member

   substitute

   presidential member means the president or another presidential member appointed under section 94 (1) (b) or a temporary presidential member appointed under section 94 (2) (b).

8. Further amendments, mentions of general president

   omit

   general president

   substitute

   president

   in

   ·     section 22P

   ·     section 28

   ·     sections 50 and 51

   ·     section 72

   ·     section 78

   ·     sections 89 to 92

   ·     section 97

   ·     section 105A

   ·     section 107

   ·     section 111

   ·     section 112

9. Further amendments, mentions of appeal president

   omit

   appeal president

   substitute

   president

   in

   ·     sections 77 and 78

   ·     sections 80 and 81

   ·     sections 85 and 86

Schedule 1Consequential amendments

(see s 3)

Part 1.1Court Procedures Act 2004

[1.1]Sections 11, 11A, 11B and 45

omit

general president

substitute

president

Part 1.2Freedom of Information Act 1989

[1.2]Section 64 (1)

omit

general president

substitute

president

[1.3]Section 64 (2), definition of general president

substitute

president—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Part 1.3Guardianship and Management of Property Act 1991

[1.4]Section 68

omit

general president

substitute

president

[1.5]Dictionary, definition of general president

omit

[1.6]Dictionary, new definition of president

insert

president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Part 1.4Judicial Commissions Act 1994

[1.7]Section 16A (3) (a) (ii)

omit

general president

substitute

president

[1.8]Section 16A (5)

omit

[1.9]Dictionary, definition of general president

omit

[1.10]Dictionary, definition of head of jurisdiction, paragraph (c)

omit

general president

substitute

president

[1.11]Dictionary, new definition of president

insert

president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Part 1.5Magistrates Court Act 1930

[1.12]Section 266A (1) (b)

omit

$10 000

substitute

$25 000

[1.13]New chapter 13

insert

Chapter 13Transitional—ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)

1. Existing proceedings in Magistrates Court

   (1)This section applies to a proceeding in relation to a civil dispute if—

   (a)the amount claimed, or the amount sought to be declared as a debt, is at least $10 000 but not more than $25 000; and

   (b)the proceeding started in the Magistrates Court before the commencement day; but

   (c)immediately before the commencement day, the hearing in the proceeding had not started.

   (2)The proceeding may—

   (a)continue in the Magistrates Court; or

   (b)on application by a party to the proceeding—be transferred to the ACAT if the Magistrates Court—

   (i)considers it just to do so; and

   (ii)makes an order to transfer the proceeding.

   (3)In deciding whether to transfer a proceeding (the existing proceeding), the Magistrates Court must consider whether there is another proceeding about a matter associated with the existing proceeding before the Magistrates Court.

   (4)In this section:

   civil dispute—see the ACT Civil and Administrative Tribunal Act 2008, section 16.

   commencement day means the day the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2), section 4 commences.

2. Transitional regulations

   (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2).

   (2)A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.

   (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

3. Expiry—ch 13

   This chapter expires 2 years after the day it commences.

   NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 1.6Mental Health Act 2015

[1.14]Section 185 (2), note

omit

general president

substitute

president

[1.15]Section 186 (2), note

omit

general president

substitute

president

[1.16]Section 189

omit

general president

substitute

president

[1.17]Dictionary, definition of general president

omit

[1.18]Dictionary, new definition of president

insert

president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Part 1.7Road Transport (Driver Licensing) Regulation 2000

[1.19]Section 12 (9)

substitute

(9)In this section:

judicial officer means a judge, the associate judge, a magistrate, a registrar of the Supreme Court or Magistrates Court, the principal registrar of the ACT Law Courts and Tribunal or the president of the ACAT.

president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 5 May 2016.

2. Notification

   Notified under the Legislation Act on 15 June 2016.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the ACT Civil and Administrative Tribunal Amendment Bill 2016 (No 2), which was passed by the Legislative Assembly on 7 June 2016.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2016