ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (ACT)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008
A2008-36
Contents
Page
Name of Act 2
Commencement 2
Legislation amended—sch 1 4
Schedule 1Legislation amended 5
Part 1.1ACT Civil and Administrative Tribunal Act 2008 5
Part 1.2Administrative Decisions (Judicial Review) Act 1989 32
Part 1.3Agents Act 2003 33
Part 1.4Architects Act 2004 40
Part 1.5Architects Regulation 2004 48
Part 1.6Bail Act 1992 49
Part 1.7Building Act 2004 49
Part 1.8Building (General) Regulation 2008 52
Part 1.9Children and Young People Act 2008 53
Part 1.10Construction Occupations (Licensing) Act 2004 63
Part 1.11Construction Occupations (Licensing) Regulation 2004 77
Part 1.12Consumer Credit Act 1995 87
Part 1.13Consumer Credit Regulation 1996 88
Part 1.14Consumer Credit (Administration) Act 1996 89
Part 1.15Court Procedures Act 2004 120
Part 1.16Court Procedures Regulation 2004 129
Part 1.17Credit Act 1985 129
Part 1.18Crimes Act 1900 134
Part 1.19Crimes (Child Sex Offenders) Regulation 2005 137
Part 1.20Discrimination Act 1991 137
Part 1.21Drugs of Dependence Act 1989 139
Part 1.22Executive Documents Release Act 2001 141
Part 1.23Fair Trading (Consumer Affairs) Act 1973 142
Part 1.24Firearms Act 1996 143
Part 1.25Freedom of Information Regulation 1991 150
Part 1.26Guardianship and Management of Property Act 1991 153
Part 1.27Health Professionals Act 2004 166
Part 1.28Health Professionals Regulation 2004 175
Part 1.29Heritage Act 2004 178
Part 1.30Human Rights Act 2004 182
Part 1.31Human Rights Commission Act 2005 183
Part 1.32Judicial Commissions Act 1994 188
Part 1.33Legal Profession Act 2006 189
Part 1.34Legislation Act 2001 211
Part 1.35Liquor Act 1975 212
Part 1.36Magistrates Court Act 1930 245
Part 1.37Medicines, Poisons and Therapeutic Goods Act 2008 247
Part 1.38Mental Health (Treatment and Care) Act 1994 253
Part 1.39Planning and Development Act 2007 284
Part 1.40Powers of Attorney Act 2006 289
Part 1.41Prohibited Weapons Act 1996 293
Part 1.42Public Health Act 1997 295
Part 1.43Remuneration Tribunal Act 1995 299
Part 1.44Residential Tenancies Act 1997 300
Part 1.45Residential Tenancies Regulation 1998 313
Part 1.46Sale of Motor Vehicles Act 1977 313
Part 1.47Security Industry Act 2003 323
Part 1.48Surveyors Act 2007 328
Part 1.49Territory Records Act 2002 335
Part 1.50Tobacco Act 1927 335
Part 1.51Transplantation and Anatomy Act 1978 341
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008
A2008-36
An Act to amend legislation in relation to tribunals and other bodies, the functions of which are to be conferred on the ACT Civil and Administrative Tribunal, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008.
Commencement
(1)This Act, other than the following parts, commences on the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act):
(a)part 1.9 (Children and Young People Act 2008);
(b)part 1.21 (Drugs of Dependence Act 1989);
(c)part 1.24 (Firearms Act 1996);
(d)part 1.37 (Medicines, Poisons and Therapeutic Goods Act 2008);
(e)part 1.41 (Prohibited Weapons Act 1996);
(f)part 1.42 (Public Health Act 1997).
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Part 1.9, other than a provision that has a special commencement provision, commences on the later of—
(a)the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act); and
(b)the commencement of the Children and Young People Act 2008, part 14.11 (Mental health tribunal provisions).
(3)Part 1.24 commences on the later of—
(a)the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and
(b)the commencement of the Firearms Amendment Act 2008, part 2 (Firearms Act 1996).
(4)Part 1.41 commences on the later of—
(a)the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and
(b)immediately after the commencement of the Firearms Amendment Act 2008, schedule 1, part 1.2 (Prohibited Weapons Act 1996), amendment 1.14.
(5)Parts 1.21, 1.37 and 1.42 commence on the later of—
(a)the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and
(b)immediately after the commencement of the Medicines, Poisons and Therapeutic Goods Act 2008, section 6 (Objects).
(6)The Minister may determine a day for commencement of a provision of this Act, whether or not another day for commencement is set for the provision under this section or in a special commencement provision.
(7)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(8)In this section:
special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: 1 July 2008)’ means that the amendment is taken to have commenced on 1 July 2008.
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).
Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule 1Legislation amended
(see s 3)
Part 1.1ACT Civil and Administrative Tribunal Act 2008
[1.1]New part 4A
insert
Part 4AAdministrative review
Division 4A.1 Definitions—pt 4A
22ADefinitions—pt 4A
certifying authority, in relation to a non-disclosure certificate, means the entity that gives the certificate.
decision-maker, for a reviewable decision, means—
(a)the person who makes the decision; or
(b)if no-one is occupying the decision-maker’s position, or the position no longer exists—someone else declared by the tribunal to be the decision-maker for the decision.
NoteA reference to the occupant of a position (however expressed) includes a reference to anyone for the time being occupying the position (see Legislation Act, s 185).
non-disclosure certificate means a certificate under section 22I.
reasons statement—see section 22B.
reviewable decision means a decision that may be reviewed by the tribunal.
Division 4A.2 Reasons statements
22BRequirement to give reasons statements
(1)This section applies if—
(a)a decision-maker makes a reviewable decision; and
(b)within 28 days after the day the decision is made, a person (the applicant) who may apply for review of the decision asks the decision-maker in writing for a statement of reasons for the decision (a reasons statement).
NoteThe rules may prescribe a longer period for asking for a statement of reasons (see s 25 (1) (e) and (2)).
(2)The decision-maker must give the applicant a written reasons statement for the decision within 28 days after the day the applicant asks for the statement unless—
(a)the decision contains the matters that a reasons statement would contain; or
(b)a document that contains the matters that a reasons statement would contain has already been given to the applicant; or
(c)section 22E (Certain material not required to be disclosed) applies in relation to the decision.
NoteThe Legislation Act, s 179 deals with the information that must be included in a statement of reasons.
22CReasons statement—declaration by tribunal
(1)A person (the declaration applicant) to whom a reasons statement has been given may apply to the tribunal for a declaration under this section.
(2)If the tribunal considers that the information included in the reasons statement is not sufficient, the tribunal may declare that the statement is not sufficient.
Examples—why reasons statement is insufficient
1 insufficient particulars of findings on material questions of fact
2 insufficient reference to evidence or other material on which findings based
3 insufficient particulars of reasons for decision
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).
(3)The declaration must explain why the reasons statement is not sufficient.
(4)A copy of the declaration must be given to the declaration applicant and decision-maker.
22DReasons statement declared insufficient
(1)This section applies if the tribunal declares under section 22C that a reasons statement is insufficient.
(2)The decision-maker must, within 28 days after the day the tribunal makes the declaration, give the person who applied for the declaration an additional statement containing the information, evidence, material or anything else required to make the reasons statement sufficient.
(3)For this Act—
(a)the additional statement is taken to be part of the reasons statement; and
(b)the reasons statement is taken to have been given when the additional statement is given.
22ECertain material not required to be disclosed
(1)This section applies if the Minister certifies in writing that the disclosure of a stated matter proposed to be included in a decision‑maker’s reasons statement is not in the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Executive or an Executive committee; or
(b)for any other reason stated in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the matter should not be disclosed.
(2)The decision-maker—
(a)is not required to include the matter in the statement; and
(b)if the statement would be false or misleading if it did not include the matter—is not required to give the statement.
(3)The decision-maker must, within 28 days after the day the Minister makes the certificate, tell the applicant in writing—
(a)if the matter is not included in the reasons statement—that the matter is not included, and the reason for not including the matter; or
(b)if the statement is not given—that the statement will not be given, and the reason for not giving the statement.
22FCertain reasons statements—application of divs 4A.3 and 4A.4
(1)This section applies if—
(a)the Minister has given a certificate in relation to a reasons statement mentioned in section 22E (3) (a) about a decision; and
(b)the decision is the subject of an application for review to the tribunal.
(2)Division 4A.3 and division 4A.4 apply in relation to the certificate as if it were a non-disclosure certificate.
Division 4A.3 Tribunal hearings—non-disclosure
22GMeaning of prescribed reason—div 4A.3
In this division:
prescribed reason, for the giving of a non-disclosure certificate, means a reason mentioned in section 22I in relation to the certifying authority, other than a reason stated in the certificate that could form the basis for a claim in a judicial proceeding that the information or matter should not be disclosed.
22HPublic interest rules excluded from div 4A.3
(1)This division excludes the operation of any rule of law that relates to the public interest and would otherwise apply in relation to the disclosure of information, or a matter stated in a document, in a proceeding before the tribunal.
(2)However, this division does not exclude the operation of the Human Rights Act 2004.
22INon-disclosure certificates
(1)The Minister may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Executive or an Executive committee; or
(b)for any other reason stated in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the information or matter should not be disclosed.
(2)The Commonwealth Attorney-General may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—
(a)because it would prejudice the security, defence or international relations of the Commonwealth; or
(b)because it would involve the disclosure of deliberations or decisions of the Commonwealth Cabinet or a Cabinet committee; or
(c)for any other reason stated in the certificate that could form the basis for a claim by the Commonwealth in a judicial proceeding that the information or matter should not be disclosed.
(3)The Attorney-General of a State or another Territory may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Cabinet or Executive, or a committee of the Cabinet or Executive, of the State or other Territory; or
(b)for any other reason stated in the certificate that could form the basis for a claim by the State or other Territory in a judicial proceeding that the information or matter should not be disclosed.
22JDealing with non-disclosable matters—tribunal
(1)This section applies if—
(a)a person (the relevant person) is required under this Act to—
(i)disclose information for a tribunal proceeding; or
(ii)produce a document to, or lodge a document with, the tribunal; and
(b)the information is, or the document states, a matter (the non‑disclosable matter) to which a non-disclosure certificate relates.
(2)The relevant person must disclose the information, or produce or lodge the document, as required.
(3)However, the tribunal must do everything reasonably necessary to ensure that—
(a)the non-disclosable matter is not disclosed to anyone other than a tribunal member hearing the proceeding; and
(b)for a document produced to or lodged with the tribunal—the document is returned to the relevant person.
(4)This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the tribunal in the course of the exercise of the member’s functions as a staff member.
(5)This section is subject to section 22K and section 87 (Sending documents and things to Supreme Court).
22KNon-disclosure certificate without prescribed reason
(1)This section applies if—
(a)a certifying authority gives a non-disclosure certificate in relation to information or a matter; and
(b)the non-disclosure certificate does not include a prescribed reason for the giving of the certificate.
(2)The certifying authority is a party to the proceeding in which the information or matter is to be considered.
(3)The tribunal must decide whether the information or matter should be disclosed to a party to the proceeding.
(4)Before making the decision, the tribunal must consider the following:
(a)that the parties to a proceeding should be made aware of all relevant matters;
(b)any reason why the disclosure of the information or matter is not in the public interest that is stated in the non-disclosure certificate.
(5)If the tribunal decides that the information or matter should be disclosed, the tribunal must—
(a)give each party to the proceeding written notice of the decision; and
(b)make the information available or allow the part of the document stating the matter to be inspected.
22LCertifying authority may intervene
(1)This section applies if a person (the asked person) is asked a question while giving evidence at a tribunal hearing.
(2)A certifying authority may tell the tribunal that, in the authority’s opinion, answering the question would not be in the public interest for a stated reason mentioned in section 22I (Non-disclosure certificates).
(3)The certifying authority is a party to the proceeding.
(4)The asked person is excused from answering the question unless—
(a)if the reason stated is, or the reasons stated include, a prescribed reason—the Supreme Court, on a reference under section 84 or an appeal under section 85, decides that it would not be against the public interest to answer the question; or
(b)in any other case—the tribunal decides that it would not be against the public interest to answer the question.
(5)If the tribunal decides that it would not be against the public interest to answer the question, the tribunal must give each party written notice of the decision.
22MAppearance etc of certifying authority
A certifying authority may—
(a)appear before the tribunal personally, or may be represented before the tribunal by a lawyer or someone else, to tell the tribunal the authority’s opinion under section 22L; or
(b)tell the tribunal the authority’s opinion by giving the tribunal a signed certificate setting out the opinion.
Division 4A.4 Non-disclosure—Supreme Court proceedings
22NDealing with non-disclosable matters—Supreme Court
(1)This section applies if—
(a)a person is required under this Act to—
(i)disclose information for a tribunal proceeding; or
(ii)produce a document to, or lodge a document with, the tribunal; and
(b)the information is, or the document states, a matter (the non‑disclosable matter) to which a non-disclosure certificate relates; and
(c)a Supreme Court proceeding begins in relation to the tribunal proceeding.
NoteThis section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F).
(2)The Supreme Court must do everything reasonably necessary to ensure that the non-disclosable matter is not disclosed to anyone other than a member of the court as constituted for the proceeding.
NoteAt the end of the Supreme Court proceeding, the court must return a document or thing that was sent to the court by the tribunal to the tribunal (see s 87).
(3)This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the court in the course of the exercise of the member’s functions as a staff member.
(4)In this section:
Supreme Court proceeding—see section 87.
22ONon-disclosure certificate without prescribed reason—Supreme Court
(1)This section applies if—
(a)a certifying authority gives a non-disclosure certificate in relation to information or a matter; and
(b)the non-disclosure certificate does not include a prescribed reason for the giving of the certificate; and
(c)a question for decision by the Supreme Court is whether the information or matter should be disclosed to a party to the tribunal proceeding; and
(d)the court decides that the information or matter should be disclosed.
(2)The court must make the information available or allow the part of the document stating the matter to be inspected.
NoteThis section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F).
Division 4A.5 Miscellaneous
22PTime for deciding land, planning and environment applications
(1)This section applies in relation to an application for review by the tribunal of a decision under any of the following Acts:
· Heritage Act 2004
· Planning and Development Act 2007
· Tree Protection Act 2005.
(2)The tribunal must decide the application within 120 days after the day the application is made.
(3)However, the general president may, in writing, extend the period for deciding the application if satisfied that the extension is in the interests of justice.
(4)If the tribunal does not decide the application within the 120 days, the general president must ensure that the tribunal’s annual report for the year when the application was decided includes—
(a)details of the period of time it took to decide the application; and
(b)if the 120 day period was extended under subsection (3)—the reasons for the extension.
(5)A failure to comply with this section in relation to an application does not affect the validity of a decision on the application.
(6)In this section:
tribunal’s annual report means the report prepared by the tribunal under the Annual Reports (Government Agencies) Act 2004.
22QPeople whose interests are affected
(1)In an authorising law, a reference to a person whose interests are affected by a decision (however described) includes a reference to an unincorporated body, the Territory, the Commonwealth, a territory authority or Commonwealth authority.
(2)A body has interests that are affected by a decision if the decision relates to a matter included in the objects or purposes of the body.
(3)Subsection (2) does not apply in relation to a decision given before the body was formed or before the objects or purposes of the body included the matter.
(4)The tribunal may decide whether or not a person’s interests are affected by a decision, and the tribunal’s decision is conclusive.
(5)In this section:
Commonwealth authority means a body established under a Commonwealth law.
22RQuestions of law
For this Act, each of the following is a question of law:
(a)the question whether information, or matter contained in a document, should be disclosed to the parties to a proceeding;
(b)the question whether the answering by a person of a question would be contrary to the public interest.
[1.2]New section 25 (1) (g) and (h)
insert
(g)to prescribe when the tribunal must make a person a party to a proceeding before the tribunal;
(h)to prescribe what happens if a decision that is the subject of an application for review to the tribunal is reconsidered.
[1.3]New section 29 (3A)
insert
(3A)The party to an application for an advisory opinion is the applicant.
[1.4]New section 41A
insert
41AProtection of lawyers etc and witnesses
(1)A lawyer or anyone else appearing before the tribunal for a party has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the Supreme Court.
(2)A person appearing as a witness before the tribunal—
(a)has the same protection as a witness in a proceeding in the Supreme Court; and
(b)in addition to the penalties provided by this Act, is subject to the same liabilities as a witness in a proceeding in the Supreme Court.
[1.5]Section 66 (2) (g)
substitute
(g)if a regulatory body may put conditions on the person’s licence or registration under an authorising law—direct the regulatory body to—
(i)put a condition on the person’s licence or registration; or
(ii)remove or amend a condition put on the person’s licence or registration;
[1.6]New section 66 (2A)
insert
(2A)If the ACAT cancels a person’s licence or registration, the ACAT may disqualify the person from applying for a licence or registration for a stated period or indefinitely.
[1.7]New section 67A
in division 6.3, insert
67AReviewable decision notice
(1)A person who makes a reviewable decision must take reasonable steps to give written notice (a reviewable decision notice) of the decision to any person whose interests are affected by the decision.
(2)Subsection (1) does not apply to a decision not to impose a liability, penalty or limitation on a person if the decision does not adversely affect the interests of another person.
(3)A regulation may prescribe—
(a)the time within which a reviewable decision notice must be given; and
(b)what a notice must or may contain; and
(c)any document or thing that must accompany a notice; and
(d)anything else in relation to a notice.
(4)A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision.
(5)In this section:
reviewable decision means a decision that, under an authorising law, is reviewable by the tribunal.
[1.8]New part 30
insert
Part 30Transitional
Division 30.1 Transitional—general
Meaning of commencement day—pt 30
In this part:
commencement day means the day this Act, section 6 (Objects of Act) commences.
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of—
(a)this Act; or
(b)the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008; or
(c)the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (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 else in this Act or another territory law.
Transitional effect—Legislation Act, s 88
This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Expiry—pt 30
This part expires 1 year after the commencement day.
Division 30.2 Transitional—general ACAT power
ACAT’s power to hear applications about pre‑commencement activities
(1)This section applies if, immediately before the commencement day, an application relating to pre-commencement activity could have been made to a replaced entity.
(2)To remove any doubt, the ACAT may decide an application relating to the activity, whether or not an application was made to the replaced entity before the commencement day.
(3)In this section:
pre-commencement activity means an activity that happened before the commencement day that, if it had happened on or after the commencement day, would have been a ground for occupational discipline.
replaced entity means an entity that—
(a)immediately before the commencement day, could hear applications; and
(b)has ceased to exist; and
(c)1 or more functions of which have been taken over by the ACAT.
Division 30.3 Transitional—Agents Act 2003
Definitions—div 30.3
In this division:
consumer and trader tribunal means the Consumer and Trader Tribunal established by the Consumer and Trader Tribunal Act 2003 (repealed).
pre-amendment Act means the Agents Act 2003, as in force at any time before the commencement day.
Certain applications under pre-amendment Act—no hearing
(1)This section applies if—
(a)the commissioner for fair trading applied to the consumer and trader tribunal for the tribunal to take disciplinary action against—
(i)an agent under the pre-amendment Act, section 42 (Commissioner may refer matter to tribunal—agents); or
(ii)a registered salesperson under that Act, section 66 (Commissioner may refer matter to tribunal—salespeople); and
(b)immediately before the commencement day, the consumer and trader tribunal had not begun hearing the application.
(2)The application is taken to be an application to the ACAT for an occupational discipline order against the agent or registered salesperson.
306ACertain applications under pre-amendment Act—hearing
(1)This section applies if—
(a)the commissioner for fair trading applied to the consumer and trader tribunal for the tribunal to take disciplinary action against—
(i)an agent under the pre-amendment Act, section 42 (Commissioner may refer matter to tribunal—agents); or
(ii)a registered salesperson under that Act, section 66 (Commissioner may refer matter to tribunal—salespeople); and
(b)immediately before the commencement day, the consumer and trader tribunal had begun, but not finished, hearing the application.
(2)The Consumer and Trader Tribunal Act 2003 (repealed) continues to apply in relation to the application despite its repeal.
Disciplinary action under pre-amendment Act, s 43 or s 67
(1)This section applies to disciplinary action taken by the consumer and trader tribunal under the following provisions of the pre-amendment Act:
(a)section 43 (Disciplinary action tribunal may take—agents);
(b)section 67 (Disciplinary action tribunal may take—salespeople).
(2)The disciplinary action is taken to be an occupational discipline order made by the ACAT under—
(a)section 66 (Orders for occupational discipline); or
(b)the Agents Act 2003, section 43 (Occupational discipline orders—agents) or section 66 (Occupational discipline orders—salespeople).
Review of disqualifications—consumer and trader tribunal
(1)This section applies if—
(a)the commissioner for fair trading or a disqualified person applied to the consumer and trader tribunal under the pre‑amendment Act, section 172 (1) (Review of disqualifications) for a review of a decision to disqualify the person from being licensed or registered; and
(b)immediately before the commencement day, the consumer and trader tribunal had begun hearing but not decided the application.
(2)To remove any doubt, the pre-amendment Act continues to apply for the purposes of deciding the application.
(3)To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Review of disqualifications—ACAT
(1)This section applies if—
(a)the commissioner for fair trading or a disqualified person applied to the consumer and trader tribunal under the pre‑amendment Act, section 172 (1) (Review of disqualifications) for a review of a decision to disqualify the person from being licensed or registered; and
(b)immediately before the commencement day, the consumer and trader tribunal had not begun hearing the application.
(2)The application is taken to be an application for review of a reviewable decision under the Agents Act 2003, section 168 (Review of reviewable decisions).
Division 30.4 Architects Act 2004
Meaning of pre-amendment Act—div 30.4
In this division:
pre-amendment Act means the Architects Act 2004, as in force at any time before the commencement day.
Disciplinary notices
(1)This section applies if—
(a)a disciplinary notice was given to an architect under the pre‑amendment Act, section 44 (Disciplinary notices); and
(b)immediately before the commencement day the architects board had not made a decision under that Act, section 45 about whether to take disciplinary action in relation to the architect.
(2)To remove any doubt, the pre-amendment Act continues to apply for the purposes of making the decision in relation to the disciplinary notice.
(3)To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Decisions about disciplinary action
(1)This section applies if—
(a)a disciplinary notice is given to an architect under the pre‑amendment Act, section 44 (Disciplinary notices); and
(b)the architects board has decided under that Act, section 45 (3) to take disciplinary action against the architect.
(2)The decision is taken to be an application to ACAT for an occupational discipline order in relation to the architect.
Disciplinary action
(1)This section applies to disciplinary action taken by the architects board under the pre-amendment Act, part 5 (Disciplinary matters).
(2)The disciplinary action is taken to be an occupational discipline order made by the ACAT under section 66 (Orders for occupational discipline).
Disciplinary inquiries
(1)This section applies if—
(a)the architects board began an inquiry in relation to an architect under the pre-amendment Act, division 5.2 (Disciplinary inquiries); and
(b)immediately before the commencement day, had not finished the inquiry.
(2)To remove any doubt—
(a)the pre-amendment Act, division 5.2 continues to apply in relation to the inquiry for the purposes of finishing it; and
(b)this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Division 30.5 Construction Occupations (Licensing) Act 2004
Meaning of pre-amendment Act—div 30.5
In this division:
pre-amendment Act means the Construction Occupations (Licensing) Act 2004, as in force at any time before the commencement day.
Disciplinary notices
(1)This section applies if—
(a)a disciplinary notice is given to a licensee or former licensee under the pre-amendment Act, section 56 (Disciplinary notices); and
(b)the registrar has not made a decision under that Act, section 60 (Decision about disciplinary action) about whether to take disciplinary action in relation to the licensee or former licensee.
(2)To remove any doubt, the pre-amendment Act continues to apply for the purposes of making the decision in relation to the disciplinary notice.
(3)To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Decisions about disciplinary action
(1)This section applies if—
(a)a disciplinary notice is given to a licensee or former licensee under the pre-amendment Act, section 56 (Disciplinary notices); and
(b)the registrar has decided under that Act, section 60 (3) to take disciplinary action against the licensee or former licensee.
(2)The decision is taken to be an application to ACAT under the Construction Occupations (Licensing) Act 2004, section 56 (Application to ACAT for occupational discipline) for an occupational discipline order in relation to the licensee or former licensee.
Disciplinary action
(1)This section applies to disciplinary action taken by the registrar under the pre-amendment Act, part 5 (Automatic licence suspension and disciplinary action).
(2)The disciplinary action is taken to be an occupational discipline order made by the ACAT under—
(a)section 66 (Orders for occupational discipline); or
(b)the Construction Occupations (Licensing) Act 2004, section 58 (Occupational discipline orders—licensees).
Disciplinary inquiries
(1)This section applies if the registrar has begun an inquiry in relation to a licensee or former licensee under the pre-amendment Act, division 5.3 (Disciplinary inquiries) but has not finished the inquiry.
(2)To remove any doubt—
(a)the pre-amendment Act, division 5.3 continues to apply in relation to the inquiry for the purposes of finishing it; and
(b)this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Division 30.6 Consumer Credit Regulation 1996
Meaning of pre-amendment Regulation—div 30.6
In this division:
pre-amendment Regulation means the Consumer Credit Regulation 1996, as in force at any time before the commencement day.
Transfer of proceedings to credit tribunal
(1)This section applies if—
(a)a proceeding is transferred to the credit tribunal under the pre‑amendment Regulation, section 4 (1) (Transfer of proceedings); and
(b)immediately before the commencement day, the credit tribunal has not finished hearing the proceeding.
(2)To remove any doubt—
(a)the pre-amendment Regulation continues to apply in relation to the proceeding for the purposes of finishing it; and
(b)this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Division 30.7 Consumer Credit (Administration) Act 1996
Meaning of pre-amendment Act—div 30.7
In this division:
pre-amendment Act means the Consumer Credit (Administration) Act 1996, as in force at any time before the commencement day.
Notice to show cause
(1)This section applies if—
(a)a notice to show cause is given to a credit provider under the pre-amendment Act, section 23 (1) (Notice to show cause); and
(b)the commissioner has not made a decision about whether to take disciplinary action under the pre-amendment Act, section 24 (1) (Disciplinary action) in relation to the credit provider.
(2)To remove any doubt, the pre-amendment Act, section 23 and section 24 continue to apply for the purposes of making a decision in relation to the disciplinary notice.
(3)To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).
Decisions about disciplinary action
(1)This section applies if—
(a)a notice to show cause is given to a credit provider under the pre-amendment Act, section 23 (1); and
(b)the registrar has decided under that Act, section 24 (1) to take disciplinary action against the credit provider.
(2)The decision is taken to be an application to ACAT under the Consumer Credit (Administration) Act 1996, section 21 (Application to ACAT for occupational discipline—credit provider) for an occupational discipline order in relation to the credit provider.
Disciplinary action
(1)This section applies to disciplinary action taken by the commissioner under the pre-amendment Act, section 24 (Disciplinary action).
(2)The disciplinary action is taken to be an occupational discipline order made by the ACAT under—
(a)section 66 (Orders for occupational discipline); or
(b)the Consumer Credit (Administration) Act 1996, section 22 (Orders for occupational discipline).
[1.9]Dictionary, note 2, new dot points
insert
· body
· territory authority
[1.10]Dictionary, new definition of certifying authority
insert
certifying authority, in relation to a non-disclosure certificate, for part 4A (Administrative review)—see section 22A.
[1.11]Dictionary, definition of decision, paragraph (c)
substitute
(c)an advisory opinion on a matter stated in an application; or
[1.12]Dictionary, new definitions
insert
decision-maker, for a reviewable decision, for part 4A (Administrative review)—see section 22A.
non-disclosure certificate, for part 4A (Administrative review)—see section 22A.
prescribed person, for division 4A.3 (Tribunal hearings—non‑disclosure)—see section 22G.
reasons statement, for part 4A (Administrative review)—see section 22B.
reviewable decision, for part 4A (Administrative review)—see section 22A.
reviewable decision notice—see section 67A.
Part 1.2Administrative Decisions (Judicial Review) Act 1989
[1.13]Section 13 (13), definition of decision to which this section applies, paragraph (a)
substitute
(a)a decision to which the ACT Civil and Administrative Tribunal Act 2008, section 22B (Requirement to give reasons statement) applies; or
[1.14]Schedule 2, new section 2.7
insert
2.7Decisions of the ACAT
A decision of the ACAT.
[1.15]Dictionary, note 2, new dot point
insert
· ACAT
[1.16]Dictionary, new definition of decision
insert
decision, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
Part 1.3Agents Act 2003
[1.17]Sections 33 (2), note and 36 (2), note
substitute
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
[1.18]Division 3.4 heading (except note)
substitute
Division 3.4 Occupational discipline—agents
[1.19]Section 41 heading
substitute
Grounds for occupational discipline—agents
[1.20]Section 41 (1)
omit everything before paragraph (a), substitute
(1)Each of the following is a ground for occupational discipline in relation to an agent:
[1.21]Sections 42 and 43
substitute
Application to ACAT for occupational discipline—agents
If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to an agent, the commissioner may apply to the ACAT for an occupational discipline order in relation to the agent.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.
Occupational discipline orders—agents
(1)This section applies if the ACAT makes an occupational discipline order to cancel or suspend an agent’s licence.
(2)The ACAT may cancel or suspend any other licence held by the agent.
Note Licence—see the dictionary.
[1.22]Sections 57 (2), note and 60 (2), note
substitute
NoteFailure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).
[1.23]Division 4.4 heading (except note)
substitute
Division 4.4 Occupational discipline—registered salespeople
[1.24]Section 65 heading
substitute
Grounds for occupational discipline—salespeople
[1.25]Section 65 (1)
omit everything before paragraph (a), substitute
(1)Each of the following is a ground for occupational discipline in relation to a registered salesperson:
[1.26]Sections 66 and 67
substitute
Application to ACAT for occupational discipline—salespeople
If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to a registered salesperson, the commissioner may apply to the ACAT for an occupational discipline order in relation to the salesperson.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.
Occupational discipline orders—salespeople
(1)This section applies if the ACAT makes an occupational discipline order to cancel or suspend a registered salesperson’s registration.
(2)The ACAT may cancel or suspend any other registration held by the registered salesperson.
NoteRegistration—see the dictionary.
[1.27]Section 161 (j)
substitute
(j)each occupational discipline order made by the ACAT;
[1.28]Section 163 (2) (g)
substitute
(g)reimbursing the Territory for the cost of administering this Act and the ACT Civil and Administrative Tribunal Act 2008.
[1.29]Part 12
substitute
Part 12Notification and review of decisions
Meaning of reviewable decision—pt 12
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
(1)The following may apply to the ACAT for a review of a reviewable decision of a relevant person:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
(2)In this section:
relevant person means—
(a)for a reviewable decision mentioned in schedule 1, column 3, items 1 to 17—the commissioner for fair trading; or
(b)for a reviewable decision mentioned in schedule 1, column 3, item 18—the chief executive.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.30]Section 172
omit
[1.31]Section 173 (1)
omit everything before paragraph (a), substitute
(1)In a proceeding under this Act or the ACT Civil and Administrative Tribunal Act 2008, a certificate signed by the commissioner for fair trading stating any of the following matters is evidence of the matter stated:
[1.32]Schedule 1, column 4 heading
substitute
column 4
entity
[1.33]Dictionary, note 2, new dot point
insert
· ACAT
[1.34]Dictionary, note 2, dot point
omit
· consumer and trader tribunal
[1.35]Dictionary, note 2, new dot points
insert
· occupational discipline order
· reviewable decision notice
[1.36]Dictionary, definitions of agent
substitute
agent—
(a)means a person who carries on business as—
(i)a business agent; or
(ii)an employment agent; or
(iii)a real estate agent; or
(iv)a stock and station agent; or
(v)a travel agent; and
(b)for division 3.4 (Occupational discipline—agents)—see section 40.
[1.37]Dictionary, definition of ground for disciplinary action
substitute
ground for occupational discipline—
(a)for a licensed agent—see section 41; and
(b)for a registered salesperson—see section 65.
[1.38]Dictionary, definitions of registered salesperson
substitute
registered salesperson—
(a)means—
(i)a registered business salesperson; or
(ii)a registered real estate salesperson; or
(iii)a registered stock and station salesperson; and
(b)for division 4.4 (Occupational discipline—salespeople)—see section 64.
[1.39]Further amendments, mentions of consumer and trader tribunal
omit
consumer and trader tribunal
substitute
ACAT
in
· section 27
· section 34 (2) (c)
· section 41 (1) (f)
· section 51
· section 58 (2) (c)
· section 65 (1) (e)
· section 172
Part 1.4Architects Act 2004
[1.40]Section 9 (2), note
substitute
NoteAn individual may be disqualified from applying for registration under the ACT Civil and Administrative Tribunal Act 2008, s 66 (2A).
[1.41]Section 10 (1), note
substitute
NoteThe ACAT may also direct the registrar to place a condition on a person’s registration (see ACT Civil and Administrative Tribunal Act 2008, s 66 (2) (g) (i)).
[1.42]Section 15 (1) and (2)
substitute
(1)This section applies to an occupational discipline order in relation to a person.
(2)A matter included in the register in relation to the occupational discipline order may be open for public inspection under section 14 only if—
(a)the time for any appeal of the decision has ended and no application for appeal has been made; or
(b)an application for appeal has been made, the decision has been confirmed on appeal and the time for further appeal has ended.
NoteAn occupational discipline order is a decision of the ACAT that may be appealed under the ACT Civil and Administrative Tribunal Act 2008, pt 8.
[1.43]Section 34
omit
disciplinary ground
substitute
ground for occupational discipline
[1.44]Section 40 (1) (a)
substitute
(a)if the board is satisfied that a ground for occupational discipline exists in relation to the complaint—
(i)apply to the ACAT for occupational discipline in relation to the architect; and
(ii)tell the complainant in writing that the application has been made; or
[1.45]Section 40 (1) (b) and (2)
omit
disciplinary ground
substitute
ground for occupational discipline
[1.46]Part 5
substitute
Part 5Occupational discipline—architects
Meaning of architect—pt 5
In this part:
architect means—
(a)a registered architect; or
(b)a person who was, but is no longer, a registered architect.
Grounds for occupational discipline
(1)Each of the following is a ground for occupational discipline in relation to an architect:
(a)the architect has contravened, or is contravening, this Act;
(b)if a professional conduct code has been adopted under this Act—the architect has contravened, or is contravening, a requirement of the code;
(c)the architect has contravened, or is contravening, a condition of the architect’s registration;
(d)the architect has been convicted, or found guilty, of an offence against a corresponding law of a local jurisdiction;
NoteCorresponding law—see the dictionary.
(e)the architect has been found guilty, in the ACT or elsewhere, of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or more.
(2)A ground for occupational discipline applies to an architect who is no longer registered if the ground applied to the architect while registered.
Application to ACAT for occupational discipline
If the architects board believes on reasonable grounds that a ground for occupational discipline exists in relation to an architect, the board may apply to the ACAT for an occupational discipline order in relation to the architect.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.
Considerations before making occupational discipline orders
(1)This section applies if the ACAT is considering an application for occupational discipline in relation to an architect.
(2)Without limiting the matters the ACAT must consider in relation to the architect, the ACAT must consider the following:
(a)the degree of responsibility of the architect for the act or omission that made up the ground for occupational discipline;
(b)the extent to which it is necessary to discourage the architect and others from doing something, or not doing something, that made up the disciplinary ground;
(c)whether, and the extent to which, it is necessary to protect the public from the architect;
(d)the desirability of making the architect responsible for the consequences of the architect’s actions or omissions;
(e)the desirability of maintaining public confidence in the regulatory system set up by this Act.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.
Giving local registering authorities information about cancelling or suspending registration
(1)This section applies if the ACAT cancels or suspends an architect’s registration or disqualifies an architect from applying for registration.
(2)The architects board must give each local registering authority the following information about the architect:
(a)the name and any other identifying details of the architect;
(b)a short description of the ground for occupational discipline on which the occupational discipline order was based;
(c)whether the registration has been cancelled or suspended or the architect disqualified;
(d)if the registration has been suspended—the period of suspension;
(e)if the architect has been disqualified—the period of disqualification.
(3)This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority.
[1.47]Section 65 (1) (c)
substitute
(c)to consider whether it is necessary for occupational discipline to be used against registered architects, including former registered architects, and, if it is, to apply to the ACAT for occupational discipline orders;
[1.48]Part 9
substitute
Part 9Notification and review of decisions
Meaning of reviewable decision—pt 9
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
86AApplications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.49]New schedule 1
insert
Schedule 1Reviewable decisions
(see pt 9)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 9 | refuse to register person | applicant for registration |
| 2 | 10 | put condition on registration | applicant for registration or renewal of registration |
| 3 | 19 (2) | remove details of person’s registration from register | person whose registration details are removed |
| 4 | 20 | remove details of person’s registration from register | person whose registration details are removed |
| 5 | 28 | refuse to approve resignation of nominee of firm | nominee or firm |
| 6 | 29 | refuse to revoke nominee’s appointment | nominee or firm |
[1.50]Dictionary, note 2, new dot points
insert
· ACAT
· occupational discipline order
· reviewable decision notice
[1.51]Dictionary, definition of architect, paragraph (b)
substitute
(b)for part 5 (Occupational discipline—architects)—see section 41.
[1.52]Dictionary, definitions of disciplinary ground and disciplinary notice
omit
[1.53]Dictionary, new definition of ground for occupational discipline
insert
ground for occupational discipline—see section 42.
[1.54]Dictionary, definition of reviewable decision
substitute
reviewable decision, for part 9 (Notification and review of decisions)—see section 85.
Part 1.5Architects Regulation 2004
[1.55]Section 11, definition of architect, paragraph (b) (ii)
omit
a disciplinary action
insert
occupational discipline
[1.56]Section 11, definition of contravention
substitute
contravention, for occupational discipline against an architect, means what the architect did that caused occupational discipline to be taken.
[1.57]Section 12 (2)
omit
disciplinary action
substitute
occupational discipline
Part 1.6Bail Act 1992
[1.58]Sections 25 (4) (e), example 2 and 26 (2) (b), example 2
substitute
2 a direction to comply with a mental health assessment or treatment order made by the ACAT
[1.59]Dictionary, note 2, new dot point
insert
· ACAT
[1.60]Dictionary, note 2, dot points
omit
· mental health tribunal
Part 1.7Building Act 2004
[1.61]Section 139
omit
administrative appeals tribunal
substitute
ACAT
[1.62]New parts 9A and 9B
insert
Part 9ANotification and review of decisions
142ADefinitions—pt 9A
In this part:
decision-maker, for a reviewable decision, means an entity prescribed by regulation.
reviewable decision means a decision prescribed by regulation.
142BReviewable decision notices
A decision-maker for a reviewable decision must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision.
Note 1The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
142CApplications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity prescribed by regulation for the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 9BPowers of ACAT
142DPowers of ACAT—proposed buildings etc forming part of development
The ACAT must not, in relation to a proposed building, or a building as proposed to be altered, forming part of a development—
(a)vary a decision to issue a stop notice under section 53 (Stop notices) or a notice under section 58 (2) or (4) (Further notices relating to stop notices) or section 62 (1) (Notice to carry out building work), or substitute a decision for a decision it has set aside, in a way that would be contrary to a development approval for the development; or
(b)vary a decision to issue a notice under section 58 (4), or substitute a decision for a decision the ACAT has set aside, unless there is a development approval for the development.
[1.63]Section 148
omit
administrative appeals tribunal
substitute
ACAT
[1.64]Dictionary, note 2, new dot points
insert
· ACAT
· reviewable decision notice
[1.65]Dictionary, new definitions
insert
decision-maker, for a reviewable decision, for part 9A (Notification and review of decisions)—see section 142A.
reviewable decision, for part 9A (Notification and review of decisions)—see section 142A.
Part 1.8Building (General) Regulation 2008
[1.66]Section 35, example 2
omit
AAT
substitute
ACAT
[1.67]New part 5A
insert
Part 5ANotification and review of decisions
44ADecision-makers—Act, s 142A, def decision-maker
An entity mentioned in schedule 4, column 3 for a reviewable decision is prescribed.
44BReviewable decisions—Act, s 142A, def reviewable decision
A decision mentioned in schedule 4, column 2, under a provision mentioned in column 2 in relation to the decision is prescribed.
44CRight of review and notice—Act, s 142B and s 142C (a)
An entity (a relevant entity) mentioned in schedule 4, column 4 is prescribed.
[1.68]Section 46
omit
[1.69]Schedule 4 heading
substitute
Schedule 4Reviewable decisions
(see pt 5A)
[1.70]Dictionary, note 2, new dot point
insert
· ACAT
Part 1.9Children and Young People Act 2008
[1.71]Section 421, new definition of ACAT mental health provision
insert
ACAT mental health provision, in a care and protection order—see section 491.
[1.72]Section 421, definition of mental health tribunal provision
omit
[1.73]Section 421, definition of provision, paragraph (d)
substitute
(d)an ACAT mental health provision;
[1.74]Section 422, definition of care and protection order, paragraph (b) (iv)
substitute
(iv)an ACAT mental health provision;
[1.75]Section 433 (2) (c)
substitute
(c)an ACAT mental health provision;
[1.76]Section 464 (2) (d)
substitute
(d)an ACAT mental health provision;
[1.77]Part 14.11
substitute
Part 14.11ACAT mental health provisions
What is an ACAT mental health provision?
In this Act:
ACAT mental health provision, in a care and protection order, or an interim care and protection order, for a child or young person means a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—
(a)to decide whether the child or young person has a mental illness or mental dysfunction; and
(b)if the ACAT decides that the child or young person has a mental illness or mental dysfunction—to make recommendations to the Childrens Court about how the child or young person should be dealt with.
[1.78]Section 545 (2)
omit everything before paragraph (a), substitute
(2)The order must contain a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—
[1.79]Section 549 (e), note
substitute
NoteThe Childrens Court must make an interim therapeutic protection order for a child or young person if an application for a therapeutic protection order for the child or young person has been made but not finally decided and the court suspects on reasonable grounds that the child or young person is suffering from a mental illness or mental dysfunction. The order must direct the child or young person to submit to the jurisdiction of the ACAT (see s 545).
[1.80]Division 24.1.3 and section 839
substitute
Division 24.1.3 Notification and review of decisions
Meaning of reviewable decision—div 24.1.3
reviewable decision means a decision mentioned in table 839.1, 839.2 or 839.3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Table 839.1Review of decisions—ch 15 (Care and protection—chief executive has aspect of parental responsibility)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 516 | refuse to authorise person as kinship carer | person |
| 2 | 517 | refuse to authorise entity as foster care service | entity |
| 3 | 518 or 519 | refuse to authorise person as foster carer | person |
| 4 | 520 | refuse to authorise entity as residential care service | person |
| 5 | 522 (4) or 523 (4) | revoke authorisation of entity or person as foster carer | entity or person |
| 6 | 524 (4) | revoke authorisation of entity as residential care service | entity |
| 7 | 525 (1) | refuse to approve place operated by residential care service as place of care | residential care service |
| 8 | 525 (4) | revoke approval of place operated by residential care service as place of care | residential care service |
Table 839.2Review of decisions—ch 20 (Childcare services)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 747 (3) | refuse to give proprietor childcare service licence | proprietor |
| 2 | 751 (4) | refuse to extend childcare service licence | licensed proprietor |
| 3 | 752 (3) | refuse to amend childcare service licence | licensed proprietor |
| 4 | 753 (3) | refuse to transfer childcare service licence | licensed proprietor |
| 5 | 758 (3) | refuse to renew childcare service licence | licensed proprietor |
| 6 | 760 (4) (a) | confirm compliance notice | licensed proprietor |
| 7 | 761 (2) | suspend childcare service licence | proprietor whose licence suspended |
| 8 | 762 (3) (a) | confirm suspension of childcare service licence | proprietor whose licence suspended |
| 9 | 763 (2) | immediately suspend childcare service licence | proprietor whose licence suspended |
| 10 | 765 (3) | cancel childcare service licence | proprietor whose licence cancelled |
Table 839.3Review of decisions—ch 21 (Employment of children and young people)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 786 | suspend educational institution’s exemption (in relation to work experience program) | educational institution |
| 2 | 787 | revoke educational institution’s exemption (in relation to work experience program) | educational institution |
| 3 | 788 | prohibit employer from employing, or continuing to employ, child or young person | · employer · child or young person |
| 4 | 790 | state conditions in relation to employment of child or young person that must be complied with | · employer · child or young person |
| 5 | 800 (2) | refuse to issue high risk employment permit | · employer · child or young person |
| 6 | 800 (3) | issue high risk employment permit subject to conditions | · employer · child or young person |
839AReviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in table 839.1, 839.2 or 839.3, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
839BApplications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in a table in this part, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
(commencement: on the later of—
(a)the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or
(b)immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)
[1.81]Section 840 (1)
substitute
(1)The ACAT must not make an interim order staying or otherwise affecting the operation or implementation of a decision under section 747 (3) (Childcare service licence—decision on application) to refuse to give a childcare service licence.
(commencement: on the later of—
(a)the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or
(b)immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)
[1.82]Section 840, table 840
omit
(commencement: on the later of—
(a)the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or
(b)immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)
[1.83]Section 927 (2) (e) and note
substitute
(e)for an order mentioned in the repealed Act, section 246 (3) (e)—a care and protection order with an ACAT mental health provision under this Act, section 464 (2) (d); and
NoteUnder s 246 (3) (e) a specific issues order may include an order that the child or young person submit to the jurisdiction of the ACAT for a decision whether the child or young person has a mental impairment.
[1.84]Section 929 (2) (d) and note
substitute
(d)for an order mentioned in the repealed Act, section 255 (4) (d)—a care and protection order with an ACAT mental health provision under this Act, section 464 (2) (d); and
NoteUnder s 255 (4) (d) a final care and protection order may include an order that the child or young person submit to the jurisdiction of the ACAT for a decision whether the child or young person has a mental impairment.
[1.85]Section 941
substitute
ACAT review of decisions
(1)On application for review of a decision of the chief executive under the repealed Act, section 384 (Review of decisions), the ACAT must—
(a)if it proposes to vary the decision under review—vary it in a way that as far as possible is consistent with a power exercisable under this Act; and
(b)if it proposes to make a decision in substitution for the decision under review—make a decision that could be made by the chief executive under this Act.
(2)The ACAT may make any decision it considers appropriate to facilitate the application of subsection (1).
(commencement: on the later of—
(a)the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or
(b)immediately after the Children and Young People Act 2008, section 2 commences.)
[1.86]Dictionary, note 2, new dot point
insert
· ACAT
[1.87]Dictionary, note 2, dot points
omit
· administrative appeals tribunal
· mental health tribunal
[1.88]Dictionary, note 2, new dot point
insert
· reviewable decision notice
[1.89]Dictionary, new definition of ACAT mental health provision
insert
ACAT mental health provision—see section 491.
[1.90]Dictionary, definition of mental health tribunal provision
omit
[1.91]Dictionary, new definition of reviewable decision
insert
reviewable decision, for division 24.1.3 (ACAT review)—see section 839.
(commencement: on the later of—
(a)the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or
(b)immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)
Part 1.10Construction Occupations (Licensing) Act 2004
[1.92]Section 19 (4)
substitute
(4)If an application for occupational discipline in relation to an applicant or nominee of an applicant has been made by the registrar under division 5.2 (Occupational discipline—licensees), the registrar need not decide whether to licence the applicant until the application has been dealt with by the ACAT, and any appeal or review arising from the occupational discipline, is finished.
[1.93]Section 37 (4) (a)
substitute
(a)if the entity applied for review of the decision to authorise a licensee under this section within the period for review (the review period) of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or
[1.94]Section 41 (4) (a)
substitute
(a)if the ordered entity applied for review of the decision within the period for review (the review period) of the decision to make the rectification order allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or
[1.95]Section 46 (3)
substitute
(3)This section does not prevent an application for occupational discipline being made in relation to an authorised licensee in relation to an authorised action done by the licensee.
[1.96]Part 5 heading
substitute
Part 5Automatic licence suspension and occupational discipline
[1.97]Section 53 (5), note
substitute
NoteThe suspension on a licence may be held over to a new licence if the suspended licence expires without being renewed (see s 63).
[1.98]Division 5.2
substitute
Division 5.2 Occupational discipline—licensees
Meaning of licensee—div 5.2
In this division:
licensee means a licensee or a former licensee.
Grounds for occupational discipline
(1)Each of the following is a ground for occupational discipline in relation to a licensee:
(a)the licensee, or a nominee or employee of the licensee, contravened, or is contravening, this Act or an operational Act (including a direction given to the licensee under an operational Act);
(b)the licensee, knowingly or recklessly, gave someone information in relation to a construction service provided, or to be provided, by the licensee that was false or misleading in a material particular;
(c)the licensee or a director, partner or nominee of the licensee, has been found guilty, whether in the Territory or anywhere else, of an offence that—
(i)involves fraud, dishonesty or violence; and
(ii)is punishable by imprisonment for at least 1 year;
(d)if the licensee is an individual—the licensee executes a personal insolvency agreement;
(e)if the licensee is a corporation—
(i)the licensee enters into a scheme of arrangement; or
(ii)a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets;
(f)if the licensee is a corporation or partnership—the licensee has, or had, no nominee;
(g)the licensee’s licence has been automatically suspended under division 5.1 (Automatic licence suspension) and the cause of the suspension still exists.
(2)In subsection (1) (a), a reference to a contravention of this Act or an operational Act includes a reference to the following:
(a)a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or an operational Act or otherwise in relation to this Act or an operational Act;
(b)a contravention of the Criminal Code in relation to a document given, or required to be given, under this Act or an operational Act;
(c)a contravention of the Criminal Code in relation to anything done, or not done, under this Act or an operational Act.
(3)A ground for occupational discipline applies to a former licensee if the ground applied to the former licensee while licensed.
(4)A regulation may prescribe a short description of a ground for occupational discipline under subsection (1) (a).
Application to ACAT for occupational discipline
(1)If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for an occupational discipline order in relation to the licensee.
(2)If a regulation prescribes a short description of a ground for occupational discipline under section 55 (1) (a), the registrar may use the short description in the application.
Considerations before making occupational discipline orders
(1)This section applies if the ACAT is considering an application for an occupational discipline order in relation to a licensee.
(2)Without limiting the matters the ACAT must consider in relation to a licensee, the ACAT must consider the following:
(a)the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;
(b)the number of people detrimentally affected by the doing of something, or not doing something, that made up the ground for occupational discipline;
(c)the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the ground for occupational discipline;
(d)whether, and the extent to which, it is necessary to protect the public from the licensee;
(e)the desirability of making the licensee responsible for the consequences of the licensee’s acts or omissions;
(f)the desirability of maintaining public confidence in the regulatory system set up by this Act;
(g)the licensee’s regard, or disregard, for public safety and protection of the environment when doing something, or not doing something, that made up the ground for occupational discipline.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.
Occupational discipline orders—licensees
(1)This section applies if the ACAT may make an occupational discipline order in relation to a licensee.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
(2)In addition to any other occupational discipline order the ACAT may make, the ACAT may, if the licensee is licensed in more than 1 occupation class—
(a)cancel or suspend a single occupational class or each of the occupational classes; or
(b)direct the registrar to place a condition on or remove or amend a condition of a single occupational class or each of the occupational classes.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
Interim licence suspension
(1)This section applies if the registrar has applied to the ACAT for occupational discipline in relation to a licensee.
(2)The registrar may, by written notice given to the licensee, suspend (an interim suspension) a licensee’s licence.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)However, the registrar may only suspend the licence under subsection (2) if the registrar—
(a)has taken into account the ground for occupational discipline; and
(b)believes on reasonable grounds that it is in the public interest to suspend the licence before the ACAT makes an occupational discipline order.
(4)An interim suspension may be for 2 weeks or less, but may be extended once for 1 week if the registrar is satisfied that it is in the public interest to extend the suspension.
NoteAn interim suspension must be recorded on the register (see s 110).
Effect of interim suspension
(1)This section applies if the registrar suspends a licence under section 59.
(2)The licence is suspended as soon as the licensee receives the notice of suspension.
(3)The suspension ends when the earlier of the following happens:
(a)the licensee receives a notice of revocation under section 61;
(b)the ACAT makes an occupational discipline order in relation to the licensee.
Revocation of interim suspension
(1)This section applies if the registrar suspends a licence under section 59 (Interim licence suspension).
(2)The registrar may, at any time before the ACAT makes an occupational discipline order, revoke the suspension by written notice given to the licensee.
(3)If the registrar revokes the suspension of a licensee licensed as a builder, the registrar must notify in writing each entity notified of the suspension under section 62.
Builders licence affected by occupational discipline or other action
(1)This section applies if a licensee has a builders licence and 1 of the following applies:
(a)the registrar becomes aware that the licence has been automatically suspended under division 5.1;
(b)the registrar suspends the licence under section 59 (Interim licence suspension);
(c)a defined occupational discipline order is made in relation to the licensee.
(2)The registrar must notify each building certifier in writing about the action taken in relation to the licence as soon as practicable.
(3)The registrar must notify each building certifier in writing if—
(a)the registrar notified the building certifiers about the action; and
(b)the action, or the decision to take the action, is reversed, stayed, varied or set aside.
(4)In this section:
defined occupational discipline order means an occupational discipline order of a kind mentioned in—
(a)section 58 (2) (a); or
(b)the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (e), (f) or (g).
Effect of non-renewal on suspended licence
(1)This section applies if—
(a)a licence (the original licence) for a construction occupation or occupation class has been suspended for a period; and
(b)the original licence expires before the end of the suspension period without being renewed; and
(c)the licensee is issued with a licence (the new licence) in the same construction occupation or occupation class within 3 years after the day the original licence expired.
(2)The new licence is suspended for the remainder of the suspension period.
Division 6.4 Applications to ACAT
Who may apply to ACAT?
(1)A party to a residential tenancy agreement (including a child) may apply to the ACAT for resolution of a tenancy dispute.
(2)A party to an occupancy agreement (including a child) may apply to the ACAT for resolution of an occupancy dispute.
Applications to ACAT by children—application of this Act etc
This Act and the ACT Civil and Administrative Tribunal Act 2008 apply in relation to an application made by a child to the ACAT as if the child were an adult.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any rules (see Legislation Act, s 104).
Division 6.5 Powers and decisions of ACAT
ACAT to assist parties to tenancy and occupancy disputes
The ACAT must actively assist the parties to a tenancy or occupancy dispute to understand the hearing process and present their case.
Disputes about agreements no longer in force
If a residential tenancy agreement or occupancy agreement is no longer in force, the ACAT may decide a tenancy dispute or occupancy dispute arising from the agreement while it was in force only if—
(a)this Act applied to the agreement while the agreement was in force; and
(b)a party applies to the ACAT about the dispute within 6 years after the day, or the last day, the conduct giving rise to the dispute happened.
Orders by ACAT
Without limiting the orders the ACAT may make, the ACAT may make the following orders in relation to an application about a tenancy dispute or occupancy dispute:
(a)an order restraining any action in breach of a residential tenancy agreement or occupancy agreement;
(b)an order requiring performance of a residential tenancy agreement or occupancy agreement;
(c)an order requiring the payment of an amount to the Territory or a person;
(d)an order requiring the payment of compensation for loss of rent or any other loss caused by the breach of a residential tenancy agreement or occupancy agreement;
(e)an order stating that an amount (not more than the amount of bond paid into the trust account in relation to the relevant residential tenancy agreement) be paid to the lessor from the trust account;
(f)an order restoring a residential tenancy agreement or occupancy agreement and granting the former tenant or occupant possession of premises—
(i)from which the person was evicted in contravention of this Act; or
(ii)that the person vacated in accordance with a termination notice that was not in the form (if any) approved under section 133 (Approved forms—Minister) for the notice;
(g)an order requiring payment of all or part of the rent payable under the standard residential tenancy terms or standard occupancy terms into the ACAT until the ACAT orders otherwise;
(h)an order directing payment out of any amount paid into the ACAT as appropriate;
(i)an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the applicant for the order;
(j)an order declaring the premises were abandoned on a particular day;
(k)an order correcting a defect in a notice or in the service of a notice.
Note 1The ACT Civil and Administrative Tribunal Act 2008, s 56 sets out other orders that the ACAT may make.
Note 2The ACAT may make interim orders (see ACT Civil and Administrative Tribunal Act 2008, s 53).
Notice of intention to vacate—award of compensation
(1)If a lessor received a notice of intention to vacate before the end of a fixed term agreement, and the date nominated in the notice as the date when the tenant intends to vacate is a date before the end of the agreement, the lessor may—
(a)accept the notice; or
(b)apply to the ACAT for compensation for—
(i)the loss of the rent that the lessor would have received had the agreement continued to the end of its term; and
(ii)the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to another person.
(2)On application, the ACAT may award compensation of the kind mentioned in subsection (1) (b).
(3)The amount of compensation the ACAT may award—
(a)under subsection (1) (b) (i) must not be more than the lesser of the following:
(i)25 weeks rent;
(ii)rent in relation to the unexpired part of the agreement; and
(b)under subsection (1) (b) (ii) must not be more than 1 week’s rent.
(4)In deciding the amount of compensation that may be awarded in relation to the reasonable costs of advertising, the ACAT must have regard to when, apart from the vacation of the premises—
(a)the agreement would have ended; and
(b)the lessor would have incurred the costs.
Substitution of tenant
(1)This section applies if—
(a)the tenant, or a co-tenant, (the removed person) has given an undertaking to a court to leave the premises; or
(b)a court has made an order, other than an interim order, to remove the removed person from the premises.
(2)An occupant (the occupant) of the premises, other than the removed person, may apply to the ACAT to be the tenant or co-tenant under the residential tenancy agreement for the premises instead of the removed person.
(3)To remove any doubt, the application may be made by the occupant even though the occupant is not a tenant or co-tenant under the residential tenancy agreement.
(4)The ACAT may make an order substituting the occupant as the tenant, or co-tenant, if—
(a)the grounds of the application are proved; and
(b)the lessor has been given an opportunity to be heard on the application.
(5)If the application is in relation to premises leased under an approved housing assistance program under the Housing Assistance Act 2007, the ACAT must not make an order under subsection (5) that is inconsistent with the eligibility criteria under the program.
(6)The order is subject to any condition stated in it by the ACAT.
Division 6.6 Enforcement of ACAT orders
Failure to comply with ACAT orders
(1)A party to a hearing must not fail to comply with an order of the ACAT.
(2)If a person contravenes subsection (1), the ACAT may order the person to pay a stated amount (not more than $5 000) to the Territory.
(3)A person commits an offence if—
(a)the person contravenes subsection (1) (the first contravention); and
(b)the ACAT makes an order under subsection (2) in relation to the first contravention; and
(c)within 1 year immediately after the day the first contravention happens, the person again contravenes subsection (1) (the subsequent contravention); and
(d)the first and subsequent contraventions are not against orders arising from the same proceeding.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4)Subsection (3) does not apply if the person has a reasonable excuse for the first or subsequent contravention.
[1.587]Parts 6B to 8
omit
[1.588]Section 129
omit
[1.589]Section 136 (2)
substitute
(2)A regulation may make provision in relation to the following:
(a)the keeping of records;
(b)tenancy databases.
[1.590]Dictionary, note 2, new dot point
insert
· ACAT
[1.591]Dictionary, definitions of approved mediator and member of the tribunal
omit
[1.592]Dictionary, definition of occupancy dispute
substitute
occupancy dispute, for part 6 (Resolution of residential tenancy and occupancy disputes)—see section 73.
[1.593]Dictionary, definitions of party, preliminary conference, president and referee
omit
[1.594]Dictionary, definitions of registrar, tenancy dispute and tribunal
substitute
registrar means the registrar of the ACAT.
tenancy dispute—see section 72.
tribunal, for schedule 1, means the ACAT.
[1.595]Further amendments, mentions of tribunal
omit
tribunal
substitute
ACAT
in
· section 8 (1) (c) (ii)
· section 9 (1) (b)
· section 10
· section 15 (5)
· section 27 (2)
· section 31 (e)
· section 32 (3) (c)
· section 34 (1) (c)
· sections 36 to 39
· section 41 (a)
· sections 42 to 42B
· sections 43 to 46
· sections 47 to 57
· sections 58 to 60
· section 62
· sections 65 to 71
· sections 107E to 107H
· section 127A
· section 128 (2)
· section 133 (1).
Part 1.45Residential Tenancies Regulation 1998
[1.596]Sections 6 and 7
omit
Part 1.46Sale of Motor Vehicles Act 1977
[1.597]Section 13
substitute
Grant or refusal of licence
(1)The registrar must grant a licence on application unless—
(a)the applicant for the grant of a licence fails to establish that the applicant is eligible for the grant of the licence; or
(b)the applicant does not comply with the requirements of—
(i)for an individual—section 10 (Applications for licences by individuals); or
(ii)for a corporation—section 11 (Applications for licences by corporations).
NoteFailure to grant a licence within a reasonable period is taken to be a decision not to grant the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(2)However, the registrar must refuse to grant a licence to an applicant—
(a)if—
(i)an objection is lodged in response to a notice mentioned in section 11B (Notification of application); and
(ii)the registrar is satisfied on reasonable grounds that the objection is not frivolous or vexatious; or
(b)if the applicant is an individual—if—
(i)a police certificate indicates that the individual has been charged with, or convicted of, an offence; and
(ii)the registrar is satisfied, because of the charge or conviction, that the individual is an unsuitable person; or
(c)if the applicant is an corporation—if—
(i)a police certificate indicates that the corporation, or an executive officer of the corporation, has been charged with, or convicted of, an offence; and
(ii)the registrar is satisfied, because of the charge or conviction, that the corporation or executive officer is an unsuitable person.
13ADecision about licence application—requirement for further information etc
(1)The registrar may give a relevant person for an application written notice requiring the person to give the registrar stated further information or documents that the registrar reasonably needs to decide the application.
(2)If the relevant person does not comply with subsection (1), the registrar may refuse to consider the application further.
(3)In this section:
application means an application for the grant of a licence.
relevant person, for an application, means—
(a)if the applicant is an individual—the individual; or
(b)if the applicant is an corporation—the corporation or an executive officer of the corporation.
[1.598]Section 14C
substitute
14CGrant or refusal of renewal of licences
(1)The registrar must grant a licence renewal on application unless—
(a)the applicant for the renewal of a licence fails to establish that the applicant is eligible for the renewal of the licence; or
(b)the applicant does not comply with the requirements of section 14B that apply to the applicant.
NoteFailure to renew a licence within a reasonable period is taken to be a decision not to renew the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
(2)However, the registrar must refuse to renew a licence—
(a)if—
(i)an objection is lodged in response to a notice mentioned in section 11B (Notification of application); and
(ii)the registrar is satisfied on reasonable grounds that the objection is not frivolous or vexatious; or
(b)if an individual holds the licence—if—
(i)a police certificate indicates that the individual has been charged with, or convicted of, an offence; and
(ii)the registrar is satisfied, because of the charge or conviction, that the individual is an unsuitable person; or
(c)if a corporation holds the licence—if—
(i)a police certificate indicates that the corporation, or an executive officer of the corporation, has been charged with, or convicted of, an offence; and
(ii)the registrar is satisfied, because of the charge or conviction, that the corporation or executive officer is an unsuitable person.
14CADecision about renewal application—requirement for further information etc
(1)The registrar may give a relevant person for an application written notice requiring the person to give the registrar stated further information or documents that the registrar reasonably needs to decide the application.
(2)If the relevant person does not comply with subsection (1), the registrar may refuse to consider the application further.
(3)In this section:
application means an application for the renewal of a licence.
relevant person, for an application, means—
(a)if the applicant is an individual—the individual; or
(b)if the applicant is an corporation—the corporation or an executive officer of the corporation.
[1.599]Section 14E (6) and (7)
omit
[1.600]Section 27
omit
[1.601]Section 45 (4)
omit
[1.602]Section 47
omit
[1.603]Parts 6A to 8
substitute
Part 7Occupational discipline—licensees
Grounds for occupational discipline—licensees
(1)Each of the following is a ground for occupational discipline in relation to a licensee:
(a)the licensee gave information in relation to the application for the grant, renewal or variation of the licence that was false or misleading in a material particular;
(b)for a corporate licensee—a person who has become, or intends becoming, an executive officer of the licensee is an unsuitable person;
(c)the licensee is no longer eligible for the grant of the licence held by the licensee.
Examples—individual licensee no longer eligible for grant
1the licensee is no longer a suitable person because the licensee has committed an offence against the Act
2the licensee becomes bankrupt or executes a personal insolvency agreement
3the licensee is unlikely to be able to continue to comply with the obligations applying to the licence
4if the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act
Examples—corporate licensee no longer eligible for grant
1an executive officer of the licensee is no longer a suitable person because the executive officer has committed an offence involving dishonesty
2if the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act
Note 1See s 8 and s 9 for eligibility for the grant of a licence.
Note 2An 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)A ground for occupational discipline applies to a person who is no longer licensed if the ground applied to the person while licensed.
Registrar may apply to ACAT for occupational discipline
If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for an occupational discipline order in relation to the licensee.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.
Part 8Notification and review of decisions
Meaning of reviewable decision—pt 8
In this part:
reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 2, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in schedule 2, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.604]Section 89A (6) and (7)
omit
[1.605]New schedule 2
insert
Schedule 2Reviewable decisions
(see pt 8)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 6A (2) | refuse to give exemption | person who applied for exemption |
| 2 | 10 (1) (g) | refuse to issue ACTPLA certificate | applicant for certificate |
| 3 | 11 (1) (h) | refuse to issue ACTPLA certificate | applicant for certificate |
| 4 | 13 | refuse to grant licence | applicant for licence |
| 5 | 14 (2) | state address of premises that is not address stated in application | applicant for licence |
| 6 | 14B (e) | refuse to issue ACTPLA certificate | applicant for certificate |
| 7 | 14C | refuse to renew licence | applicant for renewal |
| 8 | 14D (1) | issue renewed licence subject to condition | applicant for renewal |
| 9 | 14D (2) | renew licence for shorter period than applied for or allowed by registrar | applicant for renewal |
| 10 | 14E | refuse to vary licence | licensee |
| 11 | 15 (4) | refuse to approve computer system for maintaining dealings register | licensee proposing to use computer system |
| 12 | 89A (3) | refuse to grant authorisation | applicant for authorisation |
| 13 | 89A (5) | grant authorisation for shorter period than applied for or allowed by registrar | applicant for authorisation |
[1.606]Dictionary, note 2, new dot point
insert
· ACAT
[1.607]Dictionary, note 2, dot points
omit
· administrative appeals tribunal
[1.608]Dictionary, note 2, new dot points
insert
· occupational discipline order
· reviewable decision notice
[1.609]Dictionary, new definitions
insert
ground for occupational discipline—see section 48.
reviewable decision, for part 8 (Notification and review of decisions)—see section 50.
Part 1.47Security Industry Act 2003
[1.610]Section 25 (2), new note
insert
NoteThe ACAT may also direct the commissioner for fair trading to place a condition on a person’s licence (see ACT Civil and Administrative Tribunal Act 2008, s 66 (2) (g) (i)).
[1.611]Division 3.8
substitute
Division 3.8 Occupational discipline—licensees
Grounds for occupational discipline
(1)Each of the following is a ground for occupational discipline in relation to a licensee:
(a)the licensee gave information in relation to the application for the licence that was false or misleading in a material particular;
(b)the licensee is not eligible to apply for, or be issued with, a licence of the class the licensee holds;
(c)the licensee has contravened, or is contravening, this Act, whether or not the licensee has been convicted of an offence for the contravention;
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(d)the licensee has contravened, or is contravening, a condition of the licence;
(e)the licensee has committed a relevant offence, whether or not the licensee has been convicted of the offence;
NoteRelevant offence—see the dictionary.
(f)it is not otherwise in the public interest for the licensee to be licensed;
(g)another ground prescribed by regulation.
Example—when licensee no longer eligible—par (b)
if the licensee were to apply for the licence the licensee holds, the licensee would not satisfy the competency standards prescribed by regulation for the licence
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)A ground for occupational discipline applies to a licensee who is no longer licensed if the ground applied to the licensee while licensed.
Commissioner may apply to ACAT for occupational discipline
If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.
[1.612]Division 3.10
substitute
Division 3.10 Notification and review of decisions
Meaning of reviewable decision—div 3.10
In this division:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
36AReviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.613]New schedule 1
insert
Schedule 1Reviewable decisions
(see div 3.10)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 25 | issue licence other than temporary licence subject to condition | applicant for licence |
| 2 | 25 | refuse to issue licence other than temporary licence | applicant for licence |
| 3 | 26 | issue temporary licence subject to condition | applicant for licence |
| 4 | 26 | refuse to issue temporary licence | applicant for licence |
| 5 | 27 | refuse to vary licence | licensee |
| 6 | 42A | refuse to exempt licensee from a provision of s 42 | licensee |
| 7 | 42A | exempt licensee from a provision of s 42 subject to condition | licensee |
[1.614]Dictionary, note 2, new dot points
insert
· ACAT
· occupational discipline order
· reviewable decision notice
[1.615]Dictionary, definitions of grounds for disciplinary action and reviewable decision
substitute
ground for occupational discipline—see section 30.
reviewable decision, for division 3.10 (Notification and review of decisions)—see section 36.
Part 1.48Surveyors Act 2007
[1.616]Section 3, note 1
substitute
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘advisory committee member––see section 64.’ means that the term ‘advisory committee member’ is defined in that section.
[1.617]Section 10 (c)
substitute
(c)if the registration is cancelled by the ACAT—when the cancellation takes effect; or
[1.618]Division 3.3
substitute
Division 3.3 Occupational discipline—surveyors
Meaning of surveyor––div 3.3
In this division:
surveyor—
(a)in relation to an act or omission, means—
(i)a registered person; or
(ii)a person who was registered at the time of the act or omission; and
(b)in any other case—includes a person whose registration has been cancelled.
Grounds for occupational discipline
(1)Each of the following is a ground for occupational discipline in relation to a surveyor:
(a)the surveyor gave information in relation to the application for registration that was false or misleading in a material particular;
(b)the surveyor has certified to the accuracy of a survey knowing it to be inaccurate;
(c)the surveyor has, deliberately or through carelessness or incompetence, carried out a survey that is so inaccurate or defective as to be unreliable;
(d)a survey has been carried out, or a plan prepared, by or under the supervision of the surveyor, that contravenes section 58 (Surveys and plans to comply with practice directions);
(e)the surveyor has contravened, or is contravening, this Act, whether or not the surveyor has been convicted of an offence for the contravention;
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(f)both of the following apply:
(i)the surveyor has been convicted or found guilty in Australia of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or longer;
(ii)the chief surveyor is satisfied that committing the offence affects the surveyor’s suitability to practise surveying;
(g)both of the following apply:
(i)the surveyor has been convicted or found guilty outside Australia of an offence involving fraud, dishonesty or violence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer;
(ii)the chief surveyor is satisfied that committing the offence affects the surveyor’s suitability to practise surveying.
(2)A ground for occupational discipline applies to a surveyor who is no longer registered if the ground applied to the surveyor while registered.
Chief surveyor may apply to ACAT for occupational discipline
If the chief surveyor believes on reasonable grounds that a ground for occupational discipline exists in relation to a surveyor, the chief surveyor may apply to the ACAT for an occupational discipline order in relation to the surveyor.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.
Giving local registering authorities information about cancelling or suspending registration
(1)This section applies if the ACAT cancels or suspends a surveyor’s registration or disqualifies a surveyor from applying for registration.
(2)The chief surveyor must give each local registering authority the following information about the surveyor:
(a)the name and any other identifying details of the surveyor;
(b)a short description of the ground for occupational discipline on which the occupational discipline order was based;
(c)whether the registration has been cancelled or suspended or the surveyor disqualified;
(d)if the registration has been suspended—the period of suspension;
(e)if the surveyor has been disqualified—the period of disqualification.
(3)This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority.
[1.619]Part 7
substitute
Part 7Notification and review of decisions
Meaning of reviewable decision—pt 7
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.620]Section 87 (4), note
substitute
NoteA failure to comply with this section is a ground for occupational discipline.
[1.621]Section 91
substitute
Grounds for occupational discipline—s 26
In section 26:
this Act, in relation to a contravention, includes the repealed Act.
[1.622]New schedule 1
insert
Schedule 1Reviewable decisions
(see pt 7)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 8 | refuse to register person | applicant for registration |
| 2 | 23 | cancel person’s registration | person whose registration is cancelled |
| 3 | 41 | refuse to cancel surveyor’s registration | surveyor |
| 4 | 42 (3) | cancel person’s registration | person whose registration is cancelled |
| 5 | 56 | refuse to give surveyor exemption | surveyor |
| 6 | 56 | give surveyor an exemption subject to condition | surveyor |
[1.623]Dictionary, note 2, dot points
omit
· AAT
substitute
· ACAT
[1.624]Dictionary, note 2, new dot points
insert
· occupational discipline order
· reviewable decision notice
[1.625]Dictionary, definitions of disciplinary action and disciplinary notice
omit
[1.626]Dictionary, definition of ground for disciplinary action
substitute
ground for occupational discipline—see section 26.
[1.627]Dictionary, definition of inquiry
omit
[1.628]Dictionary, definition of reviewable decision
substitute
reviewable decision, for part 7 (Notification and review of decisions)—see section 75.
[1.629]Dictionary, definition of surveyor, paragraph (b)
substitute
(b)for division 3.3 (Occupational discipline—surveyors)—see section 25.
Part 1.49Territory Records Act 2002
[1.630]New section 7 (ca)
insert
(ca)the ACAT; or
[1.631]New section 8 (ca)
insert
(ca)for the ACAT—the registrar of the ACAT; or
[1.632]Dictionary, note 2, new dot point
insert
· ACAT
Part 1.50Tobacco Act 1927
[1.633]Section 50 (1)
omit
56
substitute
58
[1.634]Section 50 (2) (c)
substitute
(c)the ACAT would have grounds, if the applicant already held a licence, for cancelling the licence.
[1.635]Division 7.3
substitute
Division 7.3 Occupational discipline—licensees
Meaning of licensee—div 7.3
In this division:
licensee means—
(a)a licensee; or
(b)a person who was, but is no longer, a licensee.
Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a licensee:
(a)the licensee has contravened or is contravening this Act;
(b)the licensee has contravened or is contravening a condition of a tobacco licence held by the licensee;
(c)a tobacco licence was granted to the person in error;
(d)a tobacco licence was granted to the person in consequence of a false statement made, or misleading information given, by or on behalf of the person;
(e)the person who holds a tobacco licence has been convicted of an offence under this part;
(f)if the licensee is an individual—
(i)the licensee is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(ii)the licensee is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(iii)the licensee becomes bankrupt or executes a personal insolvency agreement;
(g)if the licensee is a corporation—the licensee is being wound up.
Application to ACAT for occupational discipline
If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for an occupational discipline order in relation to the licensee.
Orders for occupational discipline
(1)This section applies if the ACAT may make an occupational discipline order in relation to a licensee.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
(2)In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the licensee:
(a)direct the registrar to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years—
(i)to impose more stringent requirements than otherwise apply under this Act in relation to point of sale, a price ticket or smoking advertising on or adjacent to all or any of the premises stated in the licence; or
(ii)to impose a condition prohibiting smoking advertising on or adjacent to all or any of the premises stated in the licence; or
(iii)to impose conditions relating to the sale of smoking products to people under 18 years old; or
(iv)to impose a condition prohibiting the sale of smoking products at all or any of the premises stated in the licence;
(b)if the ACAT suspends a licensee’s licence—suspend any other tobacco licence held by the licensee for a stated period of not longer than 3 months;
(c)if the ACAT cancels a licensee’s licence—disqualify the person from holding a tobacco licence, or from holding a tobacco licence for stated premises, for a stated period of not longer than 5 years.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
(3)If the only ground for occupational discipline in relation to a licensee is the ground under section 56 (c) (which is about a licence granted to a person in error), the ACAT must only cancel the licence to which the section relates.
(4)If a person is convicted of an offence against this Act for the 2nd time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the ACAT must—
(a)cancel each tobacco licence held by the person; and
(b)disqualify the person from holding a tobacco licence for 5 years after notice of the cancellation is given to the person.
[1.636]Division 7.5
substitute
Division 7.5 Notification and review of decisions
Meaning of reviewable decision—div 7.5
In this division:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
69AApplications for review
The following may apply to the ACAT for review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
[1.637]New schedule 1
insert
Schedule 1Reviewable decisions
(see div 7.5)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 48 (1) | state conditions to which licence is subject | licensee |
| 2 | 50 | refuse to grant or renew licence | applicant for licence or renewal |
| 3 | 51 | refuse to renew licence | applicant for renewal |
[1.638]Dictionary, note 2, new dot points
insert
· ACAT
· occupational discipline order
· reviewable decision notice
[1.639]Dictionary, new definition of ground for occupational discipline
insert
ground for occupational discipline, for division 7.3—see section 56.
[1.640]Dictionary, definition of licensee
substitute
licensee—
(a)for part 7 (Licences)—see section 43; and
(b)for division 7.3 (Occupational discipline—licensees)—see section 55.
[1.641]Dictionary, new definition of reviewable decision
insert
reviewable decision, for division 7.5 (Notification and review of decisions)—see section 68.
Part 1.51Transplantation and Anatomy Act 1978
[1.642]Section 16A heading
substitute
16AEffect of consent by ACAT
[1.643]Section 16A
after
an order
insert
by the ACAT
[1.644]Dictionary, note 2, new dot point
insert
· ACAT
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 3 July 2008.
Notification
Notified under the Legislation Act on 4 September 2008.
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 Legislation Amendment Bill 2008, which was passed by the Legislative Assembly on 20 August 2008.
Clerk of the Legislative Assembly
© Australian Capital Territory 2008
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