ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) (ACT)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2)

A2008-37

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1  2

Schedule 1Legislation amended  3

Part 1.1ACT Civil and Administrative Tribunal Act 2008              3

Part 1.2Adoption Act 1993  10

Part 1.3Adoption Regulation 1993  12

Part 1.4Agents Act 2003  16

Part 1.5Agents Regulation 2003  17

Part 1.6Animal Diseases Act 2005  17

Part 1.7Animal Diseases Regulation 2006  18

Part 1.8Animal Welfare Act 1992  21

Part 1.9Annual Leave Act 1973  26

Part 1.10Associations Incorporation Act 1991  28

Part 1.11Births, Deaths and Marriages Registration Act 1997       31

Part 1.12Board of Senior Secondary Studies Act 1997                33

Part 1.13Boxing Control Act 1993  36

Part 1.14Building Act 2004  38

Part 1.15Canberra Institute of Technology Act 1987                   38

Part 1.16Casino Control Act 2006  40

Part 1.17Cemeteries and Crematoria Act 2003  45

Part 1.18Charitable Collections Act 2003  48

Part 1.19Civil Partnerships Act 2008  52

Part 1.20Classification (Publications, Films and Computer Games) (Enforcement) Act 1995  53

Part 1.21Clinical Waste Act 1990  56

Part 1.22Common Boundaries Act 1981  58

Part 1.23Community Title Act 2001  71

Part 1.24Consumer Credit (Administration) Act 1996                  74

Part 1.25Cooperatives Act 2002  75

Part 1.26Crimes (Child Sex Offenders) Act 2005  78

Part 1.27Dangerous Substances Act 2004  80

Part 1.28Dangerous Substances (Explosives) Regulation 2004     85

Part 1.29Dangerous Substances (General) Regulation 2004         88

Part 1.30Domestic Animals Act 2000  90

Part 1.31Domestic Animals Regulation 2001  91

Part 1.32Duties Act 1999  95

Part 1.33Education Act 2004  96

Part 1.34Electoral Act 1992  104

Part 1.35Electricity (Greenhouse Gas Emissions) Act 2004        112

Part 1.36Electricity (Greenhouse Gas Emissions) Regulation 2004 115

Part 1.37Electricity Safety Act 1971  119

Part 1.38Emergencies Act 2004  122

Part 1.39Environment Protection Act 1997  126

Part 1.40Fair Trading (Consumer Affairs) Act 1973                   134

Part 1.41Financial Management Act 1996  137

Part 1.42First Home Owner Grant Act 2000  138

Part 1.43Fisheries Act 2000  140

Part 1.44Food Act 2001  142

Part 1.45Freedom of Information Act 1989  144

Part 1.46Gambling and Racing Control (Code of Practice) Regulation 2002      151

Part 1.47Gaming Machine Act 2004  152

Part 1.48Gas Safety Act 2000  158

Part 1.49Gas Safety Regulation 2001  160

Part 1.50Guardianship and Management of Property Regulation 1991    163

Part 1.51Gungahlin Drive Extension Authorisation Act 2004       164

Part 1.52Hawkers Act 2003  165

Part 1.53Health Act 1993  168

Part 1.54Health Regulation 2004  169

Part 1.55Hemp Fibre Industry Facilitation Act 2004                   170

Part 1.56Housing Assistance Act 2007  172

Part 1.57Interactive Gambling Act 1998  175

Part 1.58Intoxicated People (Care and Protection) Act 1994       180

Part 1.59Lakes Act 1976  185

Part 1.60Land Rent Act 2008  188

Part 1.61Lands Acquisition Act 1994  188

Part 1.62Land Tax Act 2004  200

Part 1.63Legal Aid Act 1977  201

Part 1.64Legal Profession Act 2006  202

Part 1.65Legal Profession Regulation 2007  203

Part 1.66Legislation Act 2001  203

Part 1.67Legislative Assembly (Members’ Superannuation) Act 1991 204

Part 1.68Liquor Act 1975  207

Part 1.69Liquor Regulation 1979  207

Part 1.70Litter Act 2004  207

Part 1.71Long Service Leave Act 1976  209

Part 1.72Long Service Leave (Building and Construction Industry) Act 1981    210

Part 1.73Long Service Leave (Contract Cleaning Industry) Act 1999 216

Part 1.74Magistrates Court Act 1930  222

Part 1.75Motor Sport (Public Safety) Act 2006  223

Part 1.76Nature Conservation Act 1980  225

Part 1.77Occupational Health and Safety Act 1989  228

Part 1.78Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000  230

Part 1.79Ombudsman Act 1989  234

Part 1.80Payroll Tax Act 1987  235

Part 1.81Pest Plants and Animals Act 2005  239

Part 1.82Planning and Development Regulation 2008               241

Part 1.83Public Advocate Act 2005  242

Part 1.84Public Health Regulation 2000  244

Part 1.85Race and Sports Bookmaking Act 2001  245

Part 1.86Racing Act 1999  258

Part 1.87Radiation Protection Act 2006  261

Part 1.88Rates Act 2004  264

Part 1.89Residential Tenancies Act 1997  265

Part 1.90Roads and Public Places Act 1937  267

Part 1.91Road Transport (General) Act 1999  269

Part 1.92Road Transport (General) Regulation 2000                 274

Part 1.93Road Transport (Public Passenger Services) Regulation 2002  275

Part 1.94Road Transport (Vehicle Registration) Regulation 2000   276

Part 1.95Stock Act 2005  278

Part 1.96Supreme Court Act 1933  280

Part 1.97Taxation Administration Act 1999  280

Part 1.98Tobacco Act 1927  289

Part 1.99Trade Measurement Act 1991  290

Part 1.100Training and Tertiary Education Act 2003                   293

Part 1.101Tree Protection Act 2005  296

Part 1.102Unit Titles Act 2001  301

Part 1.103Utilities Act 2000  306

Part 1.104Victims of Crime Regulation 2000  324

Part 1.105Waste Minimisation Act 2001  333

Part 1.106Water and Sewerage Act 2000  335

Part 1.107Water and Sewerage Regulation 2001  336

Part 1.108Water Resources Act 2007  338

Part 1.109Workers Compensation Act 1951  342

Part 1.110Workers Compensation Regulation 2002  343

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2)

A2008-37

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:

1. Name of Act

   This Act is the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2).

2. Commencement

   (1)This Act, other than part 1.56 (Housing Assistance Act 2007), commences on the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act).

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

   (2)Part 1.56 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 Housing Assistance Amendment Act 2008, section 9 (New part 6A).

3. 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 sections 22S and 22T

in division 4A.5, insert

22SPeople who make certain decisions

(1)In this Act or an authorising law, a reference to a person (the decision-maker) who makes an internally reviewable decision or reviewable decision includes, if the decision-maker is an unincorporated body, the Territory or a territory authority, a reference to the body, Territory or authority.

(2)In this section:

internally reviewable decision means a reviewable decision that, under an authorising law, may be internally reviewed or reconsidered before review by the tribunal.

reviewable decision means a decision that, under an authorising law, is reviewable by the tribunal.

22TLegal and financial assistance for certain people

(1)This section applies to a person who, in relation to a matter arising under this part—

(a)makes, or proposes to make, an application to the tribunal; or

(b)is a party to an application before the tribunal made by another person; or

(c)proposes to begin a proceeding for review of a decision, or is a party to a proceeding, before a court.

(2)The person may apply to the Minister for assistance in relation to the application or proceeding.

(3)The Minister may authorise the provision by the Territory of legal or financial assistance determined by the Minister in relation to the application or proceeding if satisfied that—

(a)it would involve hardship to the person to refuse the application; and

(b)in all the circumstances, it is reasonable that the application be granted.

(4)The Minister may impose conditions on the authorisation to provide assistance.

[1.2]Section 41 (1), note 1

substitute

Note 1Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001).

[1.3]Section 42 (3)

omit

tribunal

substitute

presidential member

[1.4]New section 67B

in division 6.3, insert

67BInternal review notice

(1)A person who makes an internally reviewable decision must take reasonable steps to give written notice (an internal review notice) of the decision to any person whose interests are affected by the decision.

(2)Subsection (1) does not apply to a decision not to impose a liability, penalty or limitation on a person if the decision does not adversely affect the interests of another person.

(3)A regulation may prescribe—

(a)the time within which an internal review notice must be given; and

(b)what a notice must or may contain; and

(c)any document or thing that must accompany a notice; and

(d)anything else in relation to a notice.

(4)A failure to comply with this section in relation to an internally reviewable decision does not affect the validity of the decision.

(5)In this section:

internally reviewable decision means a reviewable decision that, under an authorising law, may be internally reviewed or reconsidered before review by the tribunal.

reviewable decision—see section 67A.

[1.5]New part 9A

insert

Part 9AACAT trust account

115ADefinitions—pt 9A

In this part:

ACAT trust account—see section 115B (2).

trust amount means an amount mentioned in section 115B (1).

115BACAT trust account

(1)The following amounts are held on trust by the Territory:

(a)amounts paid to the Territory under this Act;

(b)amounts that may or must be paid into the ACAT trust account under an authorising law;

(c)interest on the amounts.

NoteThe Financial Management Act 1996, pt 7 sets out how trust amounts are to be held and administered.

(2)The chief executive must open and maintain a trust account (the ACAT trust account) for the trust amounts.

(3)The chief executive must keep a record of the trust amounts paid into the ACAT trust account under this Act and each authorising law.

(4)In this section:

interest—see the Financial Management Act 1996, dictionary.

115CUse of trust amounts

(1)If a trust amount is paid into the ACAT trust account under an authorising law, the amount may be used only—

(a)if a purpose is stated in the authorising law in relation to the amount—the stated purpose; or

(b)if a purpose is prescribed by regulation for the amount—the prescribed purpose.

(2)Any other trust amount may be used—

(a)to meet the recurrent costs of remuneration and administration of the ACAT; or

(b)to reimburse the Territory for the costs of administering this Act; or

(c)for a purpose prescribed by regulation.

[1.6]Section 119

substitute

1. Legislation repealed

   (1)The following Acts are repealed:

   (a)Administrative Appeals Tribunal Act 1989 (A1989-51);

   (b)Consumer and Trader Tribunal Act 2003 (A2003-16).

   (2)The following legislative instruments under the Administrative Appeals Tribunal Act 1989 are repealed:

   (a)Administrative Appeals Tribunal (Code of Practice for Notification of Reviewable Decisions and Rights of Review) Determination 1994 (DI1994-148);

   (b)Administrative Appeals Tribunal Act 1989—Form 1—Summons (AF2001-58).

   (3)Also, the following legislative instruments are repealed:

   (a)Consumer Credit (Administration) Act 1996—Appointment (DI1997-87);

   (b)Consumer Credit (Administration) Act 1996—Appointment (DI1997-88);

   (c)Consumer Credit (Administration) Act 1996—Appointment (DI1998-246);

   (d)Consumer Credit (Administration) Act 1996—Appointment (DI1998-247);

   (e)Consumer Credit (Administration) Act 1996—Appointment (DI1998-275);

   (f)Credit Act 1985—Appointment (DI1996-174);

   (g)Credit Act 1985—Appointment (DI1996-176);

   (h)Credit Act 1985—Appointment (DI1996-177);

   (i)Credit Act 1985—Appointment (DI1996-179);

   (j)Credit Act 1985—Appointment (DI1996-245);

   (k)Discrimination Act 1991—Form 1—Subpoena (AF2007-27);

   (l)Health Professionals (Tribunal) Appointment 2005 (No 1) (NI2005‑266);

   (m)Legal Profession (Disciplinary Tribunal) Appointment 2008 (No 2) (DI2008–175);

   (n)Liquor Licensing Board Appointment 2003 (No 1) (DI2003‑296);

   (o)Liquor Licensing Board Appointment 2004 (DI2004-268);

   (p)Liquor Licensing Board Appointment 2006 (DI2006-75);

   (q)Liquor Licensing Board Appointment 2007 (DI2007-99);

   (r)Liquor Licensing Board Appointment 2008 (DI2008-98);

   (s)Remuneration Tribunal (Notification of Offices and Appointments) 2006 (No 1) (NI2006-350);

   (t)Remuneration Tribunal (Specification of offices and appointments) 2003 (No 5) (NI2003-425);

   (u)Residential Tenancies Act 1997—Form 1—Termination notice (AF2002-87);

   (v)Residential Tenancies (Criteria) Determination 1998 (DI1998‑82);

   (w)Residential Tenancies Tribunal Appointment 2007 (No 1) (DI2007-229);

   (x)Residential Tenancies Tribunal Appointment 2007 (No 2) (DI2007-230);

   (y)Residential Tenancies Tribunal Appointment 2008 (No 1) (DI2008-176);

   (z)Residential Tenancies Tribunal Appointment 2008 (No 2) (DI2008-177);

   (za)Residential Tenancies (Tribunal) Selection 2005 (No 2) (DI2005-248);

   (zb)Residential Tenancies Tribunal Selection 2008 (No 2) (DI2008-178).

[1.7]New section 308

insert

1. Trust money

   (1)Trust money held immediately before the commencement day—

   (a)is, for this Act, an amount received under the Agents Act 2003; and

   (b)must, as soon as practicable, be paid into the ACAT trust account.

   NoteThe Financial Management Act 1996, s 51B deals with transfers of amounts between trust banking accounts.

   (2)In this section:

   trust money—see the pre-amendment Act, section 162.

[1.8]Dictionary, new definitions

insert

ACAT trust account, for part 9A (ACAT trust account)—see section 115B (2).

internal review notice—see section 67B (1).

trust amount, for part 9A (ACAT trust account)—see section 115B (1).

Part 1.2Adoption Act 1993

[1.9]Section 17 (5)

substitute

(5)If, at the end of 14 days after the applicant has requested the chief executive to reconsider the decision, the applicant has not been notified of the decision on the reconsideration, the chief executive is taken to have reconsidered and confirmed the decision.

[1.10]New part 7A

insert

Part 7ANotification and review of decisions

1. Meaning of reviewable decision—pt 7A

   In this part:

   reviewable decision means a decision prescribed by regulation.

2. Reviewable decision notices

   (1)If a person makes a reviewable decision, the person must give a reviewable decision notice only to each entity prescribed by regulation in relation to the decision.

   (2)If a child is prescribed by regulation for subsection (1), the chief executive must give a reviewable decision notice to the child only if the chief executive considers it is appropriate to give the notice to the child having regard to the child’s age.

   NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

103AApplications for review

An entity prescribed by regulation in relation to a reviewable decision may apply to the ACAT for review of the decision.

NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

[1.11]Sections 109 and 110

omit

[1.12]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.13]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.14]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 7A (Notification and review of decisions)—see section 102.

Part 1.3Adoption Regulation 1993

[1.15]Sections 30 and 30A

substitute

1. Reviewable decisions—Act, s 102, def reviewable decision

   A decision mentioned in schedule 2, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed.

30ARight of review and notice—Act, s 103 and s 103A

An entity mentioned in schedule 2, column 4 is prescribed.

[1.16]New schedule 2

insert

Schedule 2Reviewable decisions

(see s 30 and s 30A)

NoteIf a child is mentioned in col 4 in relation to a decision, the chief executive must give a notice to the child only if the chief executive considers it appropriate, having regard to the age of the child (see Act, s 103 (2)).

column 1 item	column 2 section	column 3 decision	column 4 entity
1	Act, 17 (4)	confirm or vary decision under section 16 (1) (a)	person who requested review of decision
2	Act, 32	deny access	person denied access or person who has custody of child or child
3	Act, 38	refuse to declare that child is under chief executive’s guardianship	requesting authority in State or another Territory or person with whom child has been placed with view to adoption or child
4	Act, 62	refuse to give information, request authority to give information, or make enquires	applicant for information
5	Act, 62 (3)	refuse to cause search to be made in register of births or refuse to issue copy of, or extract from, search or notification of result of search	applicant for search
6	Act, 68 (7)	withhold information	applicant for information
7	Act, 72 (1)	supply document or information when applicant has not attended interview with approved counsellor	applicant for document or information
8	Act, 72 (4)	refuse to approve person as counsellor	person refused approval
9	Act, 82	refuse to grant approval of private adoption agency	principal officer of organisation
10	Act, 85	revoke or suspend approval	principal officer of organisation that has approval revoked or suspended
11	Act, 92	deny approval of communication	person who seeks approval to communicate or child or adoptive parent
12	Act, 92 (b)	approve communication subject to conditions or restrictions	person who seeks approval to communicate or child or adoptive parent
13	Act, 94 (2) (b)	refuse to approve payment in respect of hospital and medical expenses	adoptive parent or birth mother of child or person who sought approval of payment
14	Act, 94 (2) (c)	refuse to authorise payment or reward	adoptive parent or birth mother of child or person who sought approval of payment or reward
15	Act, 96 (2)	refuse to approve advertising or other matter	person who seeks approval of advertisement or other matter or child
16	16 (a)	refuse to approve tertiary qualification in social work or in appropriate social science	person who seeks appointment as principal officer of private adoption agency
17	17 (a)	refuse to approve course in social work	person who seeks to act for or on behalf of private adoption agency

Part 1.4Agents Act 2003

[1.17]Sections 162 and 163

substitute

1. Amounts received under Act

   (1)This section applies to all amounts paid to the Territory under this Act.

   (2)The chief executive must pay the amounts into the ACAT trust account.

1. Determination and payment of amounts for compensation fund

   (1)As soon as practicable after the beginning of a financial year, the Minister must determine an amount for the compensation fund, if the Minister considers it necessary to increase the amount in the compensation fund to meet the likely claims against the fund during the financial year.

   (2)A determination is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

   (3)If the amount paid into the ACAT trust account under this Act and available when the Minister makes the determination is at least the determined amount, the amount must be paid from the trust account into the compensation fund.

   (4)If the amount paid into the ACAT trust account under this Act and available when the Minister makes the determination is less than the determined amount, the whole amount must be paid into the compensation fund.

Part 1.5Agents Regulation 2003

[1.18]Section 16

omit

Part 1.6Animal Diseases Act 2005

[1.19]Part 7

substitute

Part 7Notification and review of decisions

1. Meaning of reviewable decision—pt 7

   In this part:

   reviewable decision means a decision prescribed by regulation.

2. Reviewable decision notices

   If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation 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 review of a reviewable decision:

(a)an entity prescribed by regulation 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.

[1.20]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.21]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 7 (Notification and review of decisions)—see section 85.

Part 1.7Animal Diseases Regulation 2006

[1.22]Sections 38 and 39

substitute

1. Reviewable decisions—Act, s 85, def reviewable decision

   A decision mentioned in schedule 1, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed.

2. Right of review and notice—Act, s 86 and 86A (a)

   An entity mentioned in schedule 1, column 4 is prescribed.

[1.23]New schedule 1

insert

Schedule 1Reviewable decisions

(see s 38 and s 39)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	Act, 11 (2)	refuse to issue certificate that premises are free of disease	applicant for certificate
2	Act, 18 (1)	give direction to prevent or control spread of endemic disease	owner or person in charge of animal given direction
3	Act, 18 (3)	give direction to keep animal at stated premises for stated time	owner or person in charge of animal given direction
4	Act, 23 (4)	refuse to give consent to alteration etc of quarantine notice	entity that seeks consent
5	Act, 24 (2)	refuse to give approval for animal to enter or leave quarantine area	entity that seeks approval
6	Act, 32 (2)	refuse to give approval to thing that communicates disease or disease agent	entity that seeks approval
7	Act, 33 (2)	refuse to give approval to use— (a)     virus, vaccine or other biological product containing living organisms for treatment or prevention of exotic or endemic disease; or (b)    biological product containing something derived from living organism for diagnosis of exotic or endemic disease	entity that seeks approval
8	Act, 35 (3)	refuse to give approval to— (a)     sell, move, abandon, hide or leave animal carcass, part of carcass near road, creek or waterhole; or (b)    dispose of animal carcass or part of carcass	entity that seeks approval
9	Act, 36 (2)	refuse to give approval to damage, interfere with or remove fence or other structure securing animal	entity that seeks approval
10	Act, 42	refuse to issue tag number	applicant for tag number
11	Act, 50	cancel tag number	entity that has tag number cancelled
12	Act, 60 (5)	refuse to give approval to feed restricted feed material to ruminant for research purposes	applicant for approval
13	7	refuse to approve tag	applicant for approval
14	9	refuse to approve NLIS device	applicant for approval
15	29	refuse to approve special purpose tag	applicant for approval
16	36	refuse to approve property identifier code	applicant for approval

Part 1.8Animal Welfare Act 1992

[1.24]Sections 34 (5), 46 (5), 59A (5), 71 (5) and 73D (3), note

omit

Section 108 (Notice of reviewable decisions)

substitute

Section 107A

[1.25]Section 73G (1) (b)

omit

section 108 (Notice of reviewable decisions)

substitute

section 107A (Reviewable decision notices)

[1.26]Part 8

substitute

Part 8Notification and review of decisions

1. Meaning of reviewable decision—pt 8

   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.

107AReviewable 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.

1. Applications 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.

[1.27]Schedule 1

substitute

Schedule 1Reviewable decisions

(see pt 8)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	27 (1) (a) and 30	grant or renew licence for period less than 3 years	applicant for licence or renewal
2	27 (1) (b)	refuse to grant or renew licence	applicant for licence or renewal
3	28 (b)	put condition on licence	licensee
4	34 (1)	amend licence	licensee
5	34 (1)	amend licence in way other than the way applied for	applicant for amendment
6	34 (1)	refuse to amend licence	applicant for amendment
7	38 (1) (a) and 41	grant or renew authorisation for period less than 3 years	applicant for authorisation or renewal
8	38 (1) (b)	refuse to grant or renew authorisation	applicant for authorisation or renewal
9	39 (b)	put condition on authorisation	entity that holds authorisation
10	46 (1)	amend authorisation	entity that holds authorisation
11	46 (1)	amend authorisation in way other than way applied for	applicant for amendment
12	46 (1)	refuse to amend authorisation	applicant for amendment
13	49B (3)	end application of s 49B (1) to researcher	interstate researcher
14	55 (1) (b)	refuse to grant or renew circus or travelling zoo permit	applicant for permit or renewal
15	56 (b)	put condition on circus or travelling zoo permit	permit holder
16	59A (1)	amend circus or travelling zoo permit	permit holder
17	59A (1)	amend circus or travelling zoo permit in way other than way applied for	applicant for amendment
18	59A (1)	refuse to amend circus or travelling zoo permit	applicant for amendment
19	64 (1) (a) and 67	grant or renew trapping permit for period less than 3 years	applicant for permit or renewal
20	64 (1) (b)	refuse to grant or renew trapping permit	applicant for permit or renewal
21	65 (b)	put condition on trapping permit	permit holder
22	71 (1)	amend trapping permit	permit holder
23	71 (1)	amend trapping permit in way other than way applied for	applicant for amendment
24	71 (1)	refuse to amend trapping permit	applicant for amendment
25	73D	take regulatory action	approved person against whom action taken
26	73E	suspend approval immediately	approved person whose approval suspended
27	95 (2) (a)	approve claim for compensation for particular amount	claimant for compensation
28	95 (2) (b)	refuse to approve claim for compensation	claimant for compensation

[1.28]Dictionary, note 2, dot points

omit

·     AAT

[1.29]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.30]Dictionary, definition of reviewable decision

substitute

reviewable decision, for part 8 (Notification and review of decisions)—see section 107.

Part 1.9Annual Leave Act 1973

[1.31]Section 14G (4), new note

insert

NoteThe notice must be in the form of a reviewable decision notice (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

[1.32]Section 14H

substitute

14HReview by ACAT

(1)This section applies to a decision (the reviewable decision) mentioned in table 14H, column 3, under a provision of this Act mentioned in column 2 in relation to the decision.

(2)If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in table 14H, 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.

(3)The following may apply to the ACAT for review of a reviewable decision:

(a)an entity mentioned in table 14H, 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.

Table 14HReviewable decisions

column 1 item	column 2 section	column 3 decision	column 4 entity
1	7 (2)	further period within which annual leave must be taken	employee
2	14G	uphold, revoke or amend terms of requirement made of the employer	employer

[1.33]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

Part 1.10Associations Incorporation Act 1991

[1.34]Part 10 heading and sections 118 and 119

substitute

Part 10Notification and review of decisions

1. Meaning of reviewable decision—pt 10

   In this part:

   reviewable decision means a decision mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

2. Reviewable decision notices

   If the registrar-general makes a reviewable decision, the registrar‑general must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision.

   Note 1The registrar-general 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.

119AApplications for review

The following may apply to the ACAT for review of a reviewable decision:

(a)an entity mentioned in schedule 3, 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.

Part 11Miscellaneous

[1.35]New schedule 3

insert

Schedule 3Reviewable decisions

(see pt 10)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	13 (1)	refuse to receive or register document submitted for lodgment	association lodging document
2	19	refuse application for incorporation of association or proposed association	applicant for incorporation
3	27	refuse application for incorporation of amalgamating associations	applicant for incorporation
4	39 (1)	direct association to change name	association given direction
5	83 (8)	cancel incorporation of association	association that has incorporation cancelled
6	93 (3)	cancel incorporation of association	association that has incorporation cancelled
7	114	withhold approval to invitation for investment in incorporated association	association that seeks approval
8	120 (1)	refuse application for extension of time	applicant for extension of time
9	120 (2)	vary or revoke grant of extension of time	association that has extension of time varied or revoked

[1.36]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.37]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 10 (Notification and review of decisions)—see section 118.

Part 1.11Births, Deaths and Marriages Registration Act 1997

[1.38]Part 8

substitute

Part 8Notification and review of decisions

1. Meaning of reviewable decision—pt 8

   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.

2. Reviewable decision notices

   If the registrar-general makes a reviewable decision, the registrar‑general must give a reviewable decision notice to each person mentioned in schedule 1, column 4 in relation to the decision.

   Note 1The registrar-general 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.

3. Applications for review

   The following may apply to the ACAT for review of a reviewable decision:

   (a)a person 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.

[1.39]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 8)

column 1 item	column 2 section	column 3 decision	column 4 person
1	12 (a)	assign name to child	parent
2	20 (2)	refuse to register change of name	applicant
3	20 (5)	refuse to register change of name	applicant
4	26 (b)	refuse to alter register to record change of sex	applicant
5	68	refuse to refund or remit payment of fee or part of fee	applicant

[1.40]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.41]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 8 (Notification and review of decisions)—see section 53.

Part 1.12Board of Senior Secondary Studies Act 1997

[1.42]Sections 27E and 27F

substitute

Part 4ANotification and review of decisions

27EMeaning of reviewable decision—pt 4A

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.

27FReviewable decision notices

If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

Note 1The board 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.

27GApplications 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.

[1.43]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 4A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	27A	refuse to approve application for approval as specialist education provider	applicant
2	27C	suspend approval of specialist education provider	specialist education provider
3	27D	cancel approval of specialist education provider	specialist education provider

[1.44]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.45]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 4A (Notification and review of decisions—see section 27E.

Part 1.13Boxing Control Act 1993

[1.46]Part 4

substitute

Part 4Notification and review of decisions

1. Meaning of reviewable decision—pt 4

   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.

18AReviewable decision notices

If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice only to each entity mentioned in schedule 1, column 4 in relation to the decision.

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

1. Applications for review

   An entity mentioned in schedule 1, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

[1.47]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 4)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	8 (1) (b)	approve application subject to condition	applicant
2	8 (1) (c)	refuse to approve application	applicant
3	9	cancel approval to conduct boxing contest	person to whom approval given
4	13	refuse to approve body	body
5	14 (4) (b)	approve application subject to condition	applicant
6	14 (4) (c)	refuse to approve application	applicant

[1.48]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.49]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.50]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 4 (Notification and review of decisions)—see section 18.

Part 1.14Building Act 2004

[1.51]Section 146

omit

Part 1.15Canberra Institute of Technology Act 1987

[1.52]Part 9

substitute

Part 9Notification and review of decisions

1. Meaning of reviewable decision—pt 9

   In this part:

   reviewable decision means a decision mentioned in table 61, column 3, under a provision of this Act mentioned in column 2 in relation to the decision.

Table 61Reviewable decisions

column 1 item	column 2 section	column 3 decision	column 4 entity
1	19 (c)	refuse to admit person to course of study or instruction of institute or examination the institute	person refused admission
2	19 (d)	refuse to confer award (other than honorary award) on person	person refused award

1. Reviewable decision notices

   If the director makes a reviewable decision, the director must give a reviewable decision notice to each entity mentioned in table 61, column 4 in relation to the decision.

   Note 1The director 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.

2. Applications for review

   The following may apply to the ACAT for review of a reviewable decision:

   (a)an entity mentioned in table 61, 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.

[1.53]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.54]Dictionary, definition of reviewable decision

substitute

reviewable decision, for part 9 (Notification and review of decisions)—see section 61.

Part 1.16Casino Control Act 2006

[1.55]Part 9

substitute

Part 9Notification and review of decisions

1. Meaning of reviewable decision—Act

   In this Act:

   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.

2. 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.

3. Applications for review

   The following people 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.

[1.56]Section 140 (1)

omit everything before paragraph (a), substitute

(1)If the commission makes a reviewable decision in relation to the security of the casino or an authorised game, the commission must—

[1.57]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 9)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	13 (1)	refuse to approve sale or other disposal of owner’s interest in lease of casino, or part of interest	applicant for approval
2	16 (1)	refuse to approve owner of casino entering into proposed lease with proposed lessee	applicant for approval
3	18 (1)	refuse to approve amendment of casino lease	applicant for amendment
4	21 (2)	refuse to grant  casino licence to  person on ground that person not eligible person	applicant for licence
5	22	put condition on casino licence (other than when granting licence)	licensee
6	30 (1)	refuse to transfer casino licence	applicant for transfer
7	37 (3)	take disciplinary action against casino licensee	licensee
8	38 (1)	suspend or cancel casino licence	person whose licence is suspended or cancelled
9	44 (1)	refuse to approve application for casino employee licence	applicant for licence
10	44 (7)	put condition on casino employee licence	licensee
11	46 (3)	refuse to replace casino employee licence	applicant for replacement
12	47 (3)	refuse to renew casino employee licence	applicant for renewal
13	51 (1)	amend condition of casino employee licence on own initiative	licensee
14	51 (2)	refuse to amend condition of casino employee licence	applicant for amendment
15	52 (3)	refuse to amend casino employee licence	applicant for amendment
16	59 (3)	take disciplinary action against casino employee	employee
17	63 (1)	give direction to casino licensee	licensee
18	67 (1) (a)	reject plans showing changed or new layout	licensee
19	72	terminate supply contract	each party to contract
20	76 (4) (a)	reject proposed change to control procedures	licensee
21	76 (4) (b), (c) or (d) or (7)	give casino licensee direction in relation to control procedures	licensee
22	83 (2)	confirm, change or revoke exclusion notice	person given exclusion notice or licensee
23	84 (1)	exclude person from entering or remaining in casino	person given exclusion notice or licensee
24	87 (2)	refuse to revoke exclusion notice	person given exclusion notice
25	91 (1)	refuse to approve gaming equipment or chips	applicant for approval
26	93	suspend or cancel approval of gaming equipment or chips	licensee
27	94 (1)	refuse to authorise  person to possess or use gaming equipment outside casino	applicant for authorisation
28	94 (6)	refuse to authorise casino official to possess chips outside casino	casino official or applicant for authorisation
29	95 (2)	refuse to declare  game to be authorised game	licensee
30	95 (4)	include condition in relation to playing of authorised game	licensee
31	96	refuse to approve rules for authorised game	licensee
32	97	refuse to approve amendment of approved rules for authorised game	licensee
33	131 (2)	refuse to approve use of banking account	licensee

[1.58]Dictionary, note 2, dot points

omit

·     AAT

[1.59]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.60]Dictionary, definition of reviewable decision

substitute

reviewable decision—see section 137.

Part 1.17Cemeteries and Crematoria Act 2003

[1.61]Part 4 heading and sections 45 and 46

substitute

Part 4Notification and review of decisions

1. Meaning of reviewable decision—pt 4

   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.

2. 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.

46AApplications 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.

Part 5Miscellaneous

[1.62]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 4)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	11 (1) (a)	determination of perpetual care trust percentage	operator of cemetery or crematorium
2	11 (1) (b)	determination of perpetual care trust reserve percentage	operator of cemetery or crematorium
3	17	issue improvement notice requiring operator to remedy consequences of contravention of Act	operator of cemetery or crematorium
4	19	refuse to allow additional time to remedy consequences of contravention of Act	operator of cemetery or crematorium
5	23	refuse to give permission to exhume human remains buried in cemetery	applicant for permission
6	24	refuse to give permission to bury human remains other than at cemetery	applicant for permission

[1.63]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.64]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 4 (Notification and review of decisions)—see section 45.

Part 1.18Charitable Collections Act 2003

[1.65]Section 36, except note

substitute

1. Notice and operation of decision to amend etc licence

   (1)If the chief executive suspends or cancels a licence under section 35 (5), the reviewable decision notice given to the licensee must include a statement about the effect of section 38 (Action to be taken by former licensee when licence suspended or cancelled).

   NoteThe decision to suspend or cancel a licence is a reviewable decision (see s 57), and the chief executive must give a reviewable decision notice to the licensee (see s 58).

   (2)The amendment, suspension or cancellation of a licence takes effect on—

   (a)the 14th day after the day the reviewable decision notice about the amendment, suspension or cancellation is given to the licensee; or

   (b)if the notice states a later date of effect—the stated date.

   (3)If the chief executive amends a licence under section 35, the chief executive must give the licensee an amended licence for the remainder of the term of the licence amended.

[1.66]Part 7

substitute

Part 7Notification and review of decisions

1. 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.

2. Reviewable decision notices

   If the chief executive makes a reviewable decision, the chief executive must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

   Note 1The chief executive 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.

3. Applications 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.

[1.67]Schedule 1

substitute

Schedule 1Reviewable decisions

(see pt 7)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	23 (1)	refuse to issue licence	applicant for licence
2	23 (1) and 24	issue licence subject to condition	applicant for licence
3	23 (1) and 25	issue licence for less than period applied for	applicant for licence
4	23 (1) and 27 (1)	issue licence for collections other than collections applied for	applicant for licence
5	34 (4)	refuse to amend licence in way applied for	licensee
6	35 (5)	amend, suspend or cancel licence	·     person whose licence amended, suspended or cancelled ·     if person whose licence amended, suspended or cancelled is nominated person for unincorporated body—body’s executive officer
7	37 (2)	give direction	licensee or, if person ceases to hold licence, the person
8	49 (4) (b)	refuse to approve auditor	applicant for approval

[1.68]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

Part 1.19Civil Partnerships Act 2008

[1.69]Sections 16 and 17

substitute

1. Reviewable decision notices

   If the registrar-general makes a decision under section 8 (1) (b), the registrar-general must give a reviewable decision notice to each person affected by the decision.

   NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

2. Application for review

   A person whose interests are affected by a reviewable decision may apply to the ACAT for review of the decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

[1.70]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

Part 1.20Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

[1.71]Division 6.3

omit

[1.72]Sections 58 and 59

substitute

Part 7ANotification and review of decisions

1. Meaning of reviewable decision—pt 7A

   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.

2. 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.

3. Applications 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.

[1.73]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 7A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	54E (1) (b)	refuse to grant licence	applicant for licence
2	54E (2)	grant licence subject to conditions	applicant for licence
3	54K (1)	vary condition of licence	licensee
4	54N (1)	cancel licence	entity that has licence cancelled
5	54YB (1)	refuse to approve extension of defined period in relation to seized film	applicant for extension
6	54YB (1)	approve extension of defined period in relation to seized film for period less than that applied for	applicant for extension
7	54ZB (1)	destroy seized film	entity that had film seized
8	55	refuse to exempt film, publication, computer game or advertisement	applicant for exemption
9	55	state provisions of Act from which film, publication, computer game or advertisement is exempt	applicant for exemption
10	55	state conditions subject to which exemption is given	applicant for exemption
11	56	refuse to exempt organisation	applicant for exemption
12	56	state provisions of Act from which organisation is exempt	applicant for exemption
13	56	state conditions subject to which exemption is given	applicant for exemption
14	57 (1)	refuse to approve organisation	applicant for approval
15	57 (2)	refuse to approve organisation	applicant for approval
16	57 (7)	revoke approval	entity that has approval revoked

[1.74]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.75]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 7A (Notification and review of decisions)—see section 58.

Part 1.21Clinical Waste Act 1990

[1.76]Section 27

substitute

Part 4ANotification and review of decisions

1. Meaning of reviewable decision—pt 4A

   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.

27AReviewable 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.

27BApplication 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.

[1.77]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 4A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	20 (1) (a)	grant licence subject to conditions	applicant for licence
2	20 (1) (b)	refuse to grant licence	applicant for licence
3	22 (1)	vary licence	licensee
4	23 (2) (a)	suspend licence	entity that has licence suspended
5	23 (2) (b)	cancel licence	entity that has licence cancelled
6	25 (2)	suspend licence	entity that has licence suspended

[1.78]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.79]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.80]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 4A (Notification and review of decisions)—see section 27.

Part 1.22Common Boundaries Act 1981

[1.81]Section 2, new definitions

insert

new fence determination means a determination of the ACAT under section 10.

repair cost determination means a determination of the ACAT under section 12.

repair determination means a determination of the ACAT under section 11.

unleased land determination means a determination of the ACAT under section 13.

[1.82]Sections 4 to 15

substitute

1. Application to ACAT—new fence determination

   (1)This section applies if—

   (a)adjoining parcels of land are not separated by a fence; and

   (b)the occupier of 1 of the parcels has asked the occupier of the adjoining parcel to join in erecting a fence between the parcels; and

   (c)either—

   (i)the occupier of the adjoining parcel has refused to join in erecting the fence; or

   (ii)the occupiers of the parcels are unable to agree about a matter relating to the construction of the fence.

   (2)Either occupier may apply to the ACAT for a new fence determination.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

   (3)However, an occupier must not apply to the ACAT unless—

   (a)the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss erecting, and paying for, the fencing of the boundary between the parcels; and

   (b)1 month has passed since the day the occupier gave the notice to the other occupier.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the notice, the form must be used.

   (4)For subsection (1), an occupier who does not join in erecting a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in erecting the fence.

1. Application to ACAT—repair determination

   (1)This section applies if—

   (a)adjoining parcels of land are separated by a fence; and

   (b)the occupier of 1 of the parcels of land has asked the occupier of the adjoining parcel to join in repairing or replacing the fence; and

   (c)either—

   (i)the occupier of the adjoining parcel has refused to join in repairing or replacing the fence; or

   (ii)the occupiers of the parcels of land are unable to agree about a matter relating to the repair or replacement of the fence.

   (2)Either occupier may apply to the ACAT for a repair determination.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

   (3)However, the occupier of a parcel must not apply to the ACAT unless—

   (a)the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss the repair or replacement of the fence between the parcels; and

   (b)1 month has passed since the day the occupier gave the notice to the other occupier.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the notice, the form must be used.

   (4)For subsection (1), an occupier who does not join in repairing or replacing a fence within 14 days after the day the occupier is asked to join is taken to have refused to join in repairing or replacing the fence.

2. Application to ACAT—repair cost determination

   (1)This section applies if—

   (a)a fence between adjoining parcels of land has been damaged or destroyed; and

   (b)the fence needs to be repaired or replaced without delay to protect people living in premises on 1 of the parcels or to prevent the escape of animals

   (2)The occupier of either parcel may, without giving notice to the occupier of the adjoining parcel, repair or replace the fence.

   (3)The occupier who repairs or replaces a fence under subsection (2) may apply to the ACAT for a repair cost determination.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

   (4)However, the occupier must not apply to the ACAT unless—

   (a)the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss contributing to the cost of repairing or replacing the fence; and

   (b)14 days has passed since the day the occupier gave the notice to the other occupier.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the notice, the form must be used.

3. Application to ACAT—unleased land determination

   (1)This section applies if—

   (a)the occupier of a parcel of land has begun erecting a fence between the parcel and adjoining land that is not a parcel of land for this division; and

   (b)after the erecting began, the adjoining land becomes a parcel of land for this division.

   (3)The occupier may apply to the ACAT for an unleased land determination.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008, s 117 for this provision, the form must be used.

4. Parties to applications

   The parties to an application are—

   (a)for a new fence determination—the applicant and the person to whom the applicant gives a notice under section 4 (3) (a); and

   (b)for a repair determination—the applicant and the occupier to whom the applicant gives notice under section 5 (3) (a); and

   (c)for a repair cost determination—the applicant and the person to whom the applicant gives the notice under section 6 (4) (a); and

   (d)for an unleased land determination—the applicant and the owner or occupier of the adjoining parcel of land.

5. Dealing with applications

   (1)This section applies if the ACAT is considering an application for a determination under this division.

   (2)On receiving the application, the ACAT must—

   (a)decide that a conference may be held between the parties; or

   (b)if satisfied that there is no reasonable possibility of the parties settling the issues in dispute at a conference—decide to hold a hearing on the application.

   (3)If the ACAT decides that a conference may be held, the ACAT must—

   (a)fix a day for the conference; and

   (b)not later than 10 days before the day fixed for the conference—

   (i)serve a copy of the application on the respondent; and

   (ii)serve notice of the conference on the parties.

   NoteFor how documents may be served, see s 18.

   (4)If the ACAT decides to hold a hearing, the ACAT must—

   (a)fix a day for the hearing; and

   (b)not later than 10 days before the day fixed for the hearing—

   (i)serve a copy of the application on the respondent; and

   (ii)serve notice of the hearing on the parties.

6. ACAT powers—new fence determination

   (1)This section applies if the ACAT holds a hearing on an application for a new fence determination.     

   (2)The ACAT may determine—

   (a)the nature of the fence that should be erected between the parcels of land occupied by the parties; and

   (b)the line where the fence should be erected; and

   (c)the party who should be responsible for erecting the fence; and

   (d)the amount that should be contributed by the other party to the cost of erecting the fence; and

   (e)how, and by when, the amount should be paid to the party responsible for erecting the fence.

   (3)If a party asks the ACAT to determine that a basic fence is to be erected between the parcels of land to which the application relates, the ACAT must not require the party to contribute more than ½ the cost of erecting a basic fence between the parcels.

   (4)Subsection (3) does not apply in relation to parcels of land if the ACAT is satisfied that—

   (a)it is not practicable for a basic fence to be erected between the parcels of land; or

   (b)there are special circumstances that require a fence, other than a basic fence, to be erected.

7. ACAT powers—repair determination

   (1)This section applies if the ACAT holds a hearing on an application for a repair determination.

   (2)The ACAT must determine if the fence to which the application relates is in need of repair or replacement.

   (3)If the ACAT determines that the fence is in need of repair or replacement, the ACAT may determine—

   (a)whether the party other than the applicant should be required to contribute to the cost of the repair or replacement of the fence; and

   (b)the nature of the repair that is required or the nature of the replacement fence that should be erected; and

   (c)the party who should be responsible for the repair or replacement; and

   (d)the amount that should be contributed by the other party to the cost of the repair or replacement; and

   (e)how, and by when, the amount should be paid to the party responsible for the repair or replacement.

   (4)For the purpose of determining the amount that should be contributed under subsection (3) (d), the ACAT must apply the principle that the cost should be borne by the parties in equal proportions unless there are circumstances that make it just that 1 party bears a greater proportion of the cost than the other party.

8. ACAT powers—repair cost determination

   (1)This section applies if the ACAT holds a hearing on an application for a repair cost determination.

   (2)The ACAT must determine whether it is reasonable for the party other than the applicant to be required to contribute to the cost of the repair or replacement by the applicant.

   (3)If the ACAT determines that it is reasonable for the party to be required to contribute to the cost of the repair or replacement, the ACAT must also determine—

   (a)the amount that should be contributed; and

   (b)how, and by when, the amount should be paid to the applicant.

   (4)For the purpose of determining the amount that should be contributed under subsection (3) (a), the ACAT must apply the principle that the cost should be borne by the parties in equal proportions unless there are circumstances that make it just that 1 party bears a greater proportion of the cost than the other party.

9. ACAT powers—unleased land determination

   (1)This section applies if the ACAT holds a hearing on an application for an unleased land determination.

   (2)The ACAT must determine whether it is reasonable for the party other than the applicant to be required to contribute to the cost of the applicant erecting the fence.

   (3)If the ACAT determines that it is reasonable for the party to contribute to the cost, the ACAT must also determine—

   (a)the amount that should be contributed; and

   (b)how, and by when, the amount should be paid to the applicant.

   (4)For subsection (3) (a), the amount must be—

   (a)if the adjoining land became a parcel of land for this division less than 6 months after the applicant began erecting the fence—the lesser of the following:

   (i)1/2 the cost of erecting the fence;

   (ii)1/2 of what it would have cost to erect a basic fence; and

   (b)if the adjoining land became a parcel of land for this division 6 months or more after the applicant began erecting the fence—a reasonable amount that is not more than the lesser of the following:

   (i)1/2 the cost of erecting the fence;

   (ii)1/2 of what it would have cost to erect a basic fence.

10. Applications for variation of certain determinations

    (1)A person who was a party to an application for a determination under this division (other than under section 13) may apply to the ACAT for a variation of the determination.

    NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

    (2)The parties to the application are the applicant and the other party to the application on which the determination was made.

11. Dealing with variations

    (1)This section applies if the ACAT is considering an application for the variation of a determination under section 14.

    (2)On receiving the application, the ACAT must—

    (a)decide that a conference may be held between the parties; or

    (b)if satisfied that there is no reasonable possibility of the parties settling the issues in dispute at a conference—decide to hold a hearing on the application.

    (3)If the ACAT decides that a conference may be held, the ACAT must—

    (a)fix a day for the conference; and

    (b)not later than 10 days before the day fixed for the conference—

    (i)serve a copy of the application on the respondent; and

    (ii)serve notice of the conference on the parties.

    NoteFor how documents may be served, see s 18.

    (4)If the ACAT decides to hold a hearing, the ACAT must—

    (a)fix a day for the hearing; and

    (b)not later than 10 days before the day fixed for the hearing—

    (i)serve a copy of the application on the respondent; and

    (ii)serve notice of the hearing on the parties.

    (5)The ACAT must not vary the determination so that the determination as varied could not have been made on the original application.

[1.83]Section 19 (1) (a)

substitute

(a)a determination of the ACAT under this division; or

[1.84]Section 22

substitute

1. Directions about entry by people on land

   (1)This section applies if the ACAT makes a determination under this division in relation to erecting, repairing or replacing a fence.

   (2)The ACAT may give the directions that it considers necessary in relation to the entry of people on land to erect, repair or replace the fence.

   (3)However, the ACAT must not give directions under this section in relation to the entry of people on land, other than land occupied by—

   (a)a party to the application; or

   (b)a sublessee, tenant, licensee or other person in possession from a party to the application.

   (4)If a person is given a direction under this section, the person may enter on land to undertake work necessary to erect, repair or replace the fence stated in the direction—

   (a)at any reasonable time; and

   (b)in accordance with the direction.

[1.85]Section 26A

substitute

26ADamage by fire to dividing fence

(1)This section applies if—

(a)the occupier of land (the clearing occupier) clears the land of flammable materials for the space of 6m from a fence (a dividing fence) dividing the land from the land of another owner or occupier; and

(b)the other owner or occupier (the non-clearer) neglects or omits to clear the owner or occupier’s land; and

(c)damage from fire happens to the dividing fence because of the neglect or omission.

(2)The non-clearer must, at the non-clearer’s expense, arrange for the dividing fence to be repaired or replaced within—

(a)1 month after the day it is damaged; or

(b)if the ACAT extends the time to repair or replace the fence—the extended time.

(3)If the non-clearer applies for an extension of time to repair or replace the dividing fence, the non-clearer must give the clearing occupier reasonable notice of the application.

(4)If the non-clearer refuses or omits to repair or replace the dividing fence within the time required under subsection (2), the clearing occupier may repair or replace the fence.

(5)An amount incurred by the clearing occupier repairing or replacing the dividing fence is taken to be an amount owing to the clearing occupier by the non-clearer.

[1.86]Dictionary, note 2, new dot point

insert

·     ACAT

[1.87]Dictionary, note 2, dot points

omit

·     Small Claims Court

[1.88]Dictionary, new definitions

insert

new fence determination, for division 2.1 (Fences requested by occupiers)—see section 2.

repair cost determination, for division 2.1 (Fences requested by occupiers)—see section 2.

repair determination, for division 2.1 (Fences requested by occupiers)—see section 2.

unleased land determination, for division 2.1 (Fences requested by occupiers)—see section 2.

Part 1.23Community Title Act 2001

[1.89]Division 13.1

substitute

Division 13.1        Notification and review of decisions

1. Meaning of reviewable decision—div 13.1

   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.

2. Reviewable decision notices

   If the planning and land authority makes a reviewable decision, the authority must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

   Note 1The planning and land authority 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.

94AApplications 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.

[1.90]New schedule 1

insert

Schedule 1Reviewable decisions

(see div 13.1)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	9	require changes to proposed community title scheme	applicant for approval
2	10	refuse to approve community title scheme	applicant for approval
3	11	amend management statement	applicant for approval
4	12 (b)	state provisions under which leases of common property to be held	applicant for approval
5	13 (2)	require developer to give  bond	developer
6	13 (2)	fix amount of bond	developer
7	23 (2)	authorise amendment of community title scheme subject to conditions	applicant for authorisation
8	23 (2)	refuse to authorise amendment of community title scheme	applicant for authorisation
9	81 (1) (a)	refuse to consent to amalgamation of community title schemes	body corporate of scheme or owner of lot in scheme

[1.91]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.92]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.93]Dictionary, new definition of reviewable decision

insert

reviewable decision, for division 13.1  (Notification and review of decisions)—see section 93.

Part 1.24Consumer Credit (Administration) Act 1996

[1.94]New section 125A

insert

125APayment into ACAT trust account

Despite section 125, the chief executive may arrange for—

(a)the payment of an amount mentioned in section 125 to the ACAT trust account; or

(b)the transfer of amounts from the financial counselling fund to the ACAT trust account.

NoteThe ACT Civil and Administrative Tribunal Act 2008, s 115C sets out how amounts paid into the ACAT trust account may be used.

[1.95]Dictionary, new definition of ACAT trust account

insert

ACAT trust account—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Part 1.25Cooperatives Act 2002

[1.96]Part 18

substitute

Part 18Notification and review of decisions

1. Meaning of reviewable decision—pt 18

   In this part:

   reviewable decision means a decision mentioned in schedule 5, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

2. Reviewable decision notices

   If the registrar makes a reviewable decision, the registrar must give a reviewable decision notice to each entity mentioned in schedule 5, column 4 in relation to the decision.

   Note 1The registrar 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.

3. Applications for review

   The following may apply to the ACAT for review of a reviewable decision:

   (a)an entity mentioned in schedule 5, 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.

[1.97]New schedule 5

insert

Schedule 5Reviewable decisions

(see pt 18)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	20 (5) (b)	amend draft disclosure statement or require stated amendment of draft disclosure statement	proposed cooperative that submits statement
2	20 (5) (c)	approve draft disclosure statement different from draft disclosure statement submitted to registrar	proposed cooperative that submits statement
3	20 (5) (d)	refuse to approve draft disclosure statement	proposed cooperative that submits statement
4	21 (3) (b)	approve different draft rules for proposed cooperative to those submitted to registrar	proposed cooperative that submits draft rules
5	21 (3) (c)	refuse to approve draft rules for proposed cooperative	proposed cooperative that submits draft rules
6	23 (3) (a)	refuse to register proposed cooperative and its rules	proposed cooperative that applies for registration
7	28 (3)	refuse to register existing corporation and its rules	existing cooperative that applies for registration
8	109 (3) (b)	approve different alteration to proposed alteration of rules of cooperative submitted to registrar	cooperative that submits proposed alteration
9	109 (3) (c)	refuse to approve proposed alteration of rules of cooperative	cooperative that submits proposed alteration
10	112 (3)	refuse to register alteration or proposed alteration of rules of cooperative	cooperative that applies for registration of alteration
11	256 (6)	refuse to approve change of name of cooperative	cooperative that changes its name
12	256 (7)	order cooperative to change its name	cooperative given order

26AInternal reviewer

The responsible service agency must arrange for a person (the internal reviewer) who did not make the internally reviewable decision to review the decision.

1. Review by internal reviewer

   (1)The internal reviewer for an internally reviewable decision must review the decision.

   (2)The review must happen within 28 days (the 28-day period) after the day the responsible service agency receives the application for review of the internally reviewable decision.

   (3)The internal reviewer must—

   (a)confirm the decision; or

   (b)vary the decision; or

   (c)set aside the decision and substitute the reviewer’s own decision.

   (4)If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the internal reviewer.

27AInternal review notices—internal reviewer

If an internal reviewer makes an internal reviewer’s decision, the internal reviewer must give an internal review notice only to the affected person.

NoteThe requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

1. Eligibility Review Committee

   (1)The Eligibility Review Committee is continued in existence.

   (2)The committee consists of the DPP member, the courts member and the legal profession member.

2. Applications to committee for internal review

   (1)The affected person may apply to the committee for review of the internal reviewer’s decision.

   (2)The application must—

   (a)be in writing; and

   (b)state the applicant’s name and address; and

   (c)set out the applicant’s reasons for making the application.

   NoteIf a form is approved under s 51 for the application, the form must be used.

   (3)The application must be given to the committee within—

   (a)28 days after the day the applicant is given the internal review notice by the internal reviewer; or

   (b)any longer period allowed by the committee before or after the end of the 28-day period.

3. Review by committee

   (1)The committee for an internal reviewer’s decision must review the decision.

   (2)The review must happen within 28 days (the 28-day period) after the day the committee receives the application for review of the internal reviewer’s decision.

   (3)The committee must—

   (a)confirm the decision; or

   (b)vary the decision; or

   (c)set aside the decision and substitute the committee’s own decision.

   (4)If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the committee.

4. Reviewable decision notices

   If the committee makes a reviewable decision, the committee must give a reviewable decision notice only to the affected person.

   NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

5. Applications to ACAT

   The affected person may apply to the ACAT for review of a reviewable decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

[1.538]Sections 46 and 47

substitute

Division 3.6               Notification and review of decisions about service providers

1. Meaning of reviewable decision—div 3.6

   In this division:

   reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this regulation mentioned in column 2 in relation to the decision.

46AReviewable decision notices

If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

Note 1The board 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.

1. Applications 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.

[1.539]Section 49A

omit

schedule 1

substitute

schedule 2

[1.540]New schedule 1

insert

Schedule 1Reviewable decisions about service providers

(see div 3.6)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	40	refuse to approve service provider	applicant
2	42	suspend service provider’s approval	service provider
3	43	cancel approval of service provider	person who was approved service provider

[1.541]Schedule 1 heading

substitute

Schedule 2Victims services levy—excluded offences

(s 49A)

[1.542]Schedule 1, part 1.1 heading

substitute

Part 2.1Australian Road Rules

[1.543]Schedule 1, part 1.2 heading

substitute

Part 2.2Road Transport (Safety and Traffic Management) Regulation 2000

[1.544]Schedule 1, part 1.3 heading

substitute

Part 2.3Australian National University Act 1991 (Cwlth)—Parking and Traffic Statute (No 2) 2007

[1.545]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.546]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.547]Dictionary, definition of affected person

substitute

affected person, for division 3.2 (Notification and review of eligibility decisions)—see section 25.

[1.548]Dictionary, new definition of internally reviewable decision

insert

internally reviewable decision, for division 3.2 (Notification and review of eligibility decisions)—see section 25.

[1.549]Dictionary, definition of internal reviewer

substitute

internal reviewer, for division 3.2 (Notification and review of eligibility decisions)—see section 26A.

[1.550]Dictionary, new definitions

insert

internal reviewer’s decision, for division 3.2 (Notification and review of eligibility decisions)—see section 25.

internal review notice, for division 3.2 (Notification and review of eligibility decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).

[1.551]Dictionary, definition of reviewable decision

substitute

reviewable decision—

(a)for division 3.2 (Notification and review of eligibility decisions)—see section 25; and

(b)for division 3.6 (Notification and review of decisions)—see section 46.

Part 1.105Waste Minimisation Act 2001

[1.552]Section 18 (3)

substitute

(3)The notice under subsection (1) must require the member to remedy the contravention within a stated period of at least 1 month after the date the notice is given to the member.

NoteA decision requiring a person to remedy a contravention of an IWRP is a reviewable decision (see s 44), and the chief executive must give a reviewable decision notice to the person (see s 44A).

[1.553]Part 5 heading and section 44

substitute

Part 5Notification and review of decisions       

1. Meaning of reviewable decision—pt 5

   In this part:

   reviewable decision means a decision under section 18 to require a person to remedy a contravention of an IWRP.

44AReviewable decision notices

If the chief executive makes a reviewable decision, the chief executive must give a reviewable decision notice to the person of whom the requirement under section 18 is made.

Note 1The chief executive 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.

44BApplications for review

The following people may apply to the ACAT for review of a reviewable decision:

(a)a person of whom a requirement under section 18 is made;

(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 6Miscellaneous

[1.554]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.555]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 5 (Notification and review of decisions)—see section 44.  

Part 1.106Water and Sewerage Act 2000

[1.556]Part 5 heading and section 44

substitute

Part 5Notification and review of decisions       

1. Meaning of reviewable decision—pt 5

   In this part:

   reviewable decision means a decision prescribed by regulation.

44AReviewable decision notices

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation 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.

44BApplications for review

The following may apply to the ACAT for review of a reviewable decision:

(a)an entity prescribed by regulation 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.

Part 5AMiscellaneous

[1.557]Dictionary, note 2, dot points

omit

·     administrative appeals tribunal

substitute

·     ACAT

[1.558]Dictionary, note 2, new dot point

insert

·     reviewable decision notice

[1.559]Dictionary, new definition of reviewable decision

insert

reviewable decision, for part 5 (Notification and review of decisions)—see section 44.

Part 1.107Water and Sewerage Regulation 2001

[1.560]Sections 26 and 27

substitute

1. Reviewable decisions—Act, s 44, def reviewable decision

   A decision mentioned in schedule 1, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed.

2. Right of review and notice—Act, s 44A and s 44B (a)

   An entity mentioned in schedule 1, column 4 is prescribed.

[1.561]New schedule 1

insert

Schedule 1Reviewable decisions

(see s 26 and s 27)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	Act, 22 (2)	give direction to do work	owner given direction
2	Act, 32 (4)	give direction to take stated action	entity given direction
3	15 (4)	refuse to give exemption	applicant for exemption
4	25	refuse to issue certificate of compliance	applicant for certificate of compliance

Part 1.108Water Resources Act 2007

[1.562]Part 11

substitute

Part 11Notification and review of decisions

1. Meaning of reviewable decision—pt 11

   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.

2. Reviewable decision notices

   If the authority makes a reviewable decision, the authority must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

   Note 1The authority 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.

3. Applications 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.

[1.563]New schedule 1

insert

Schedule 1Reviewable decisions

(see pt 11)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	24	amend water access entitlement	holder of water access entitlement
2	26	refuse to approve transfer of whole or part of water access entitlement	holder of water access entitlement
3	30	refuse to issue licence to take water	applicant for licence
4	31	impose condition on licence to take water	applicant for licence
5	35	refuse to issue driller’s licence	applicant for licence
6	36	impose condition on driller’s licence	applicant for licence
7	39	refuse to issue bore work licence	applicant for licence
8	40	impose condition on bore work licence	applicant for licence
9	44	refuse to issue waterway work licence	applicant for licence
10	45	impose condition on waterway work licence	applicant for licence
11	49	refuse to issue recharge licence	applicant for licence
12	50	impose condition on recharge licence	applicant for licence
13	53	refuse to renew licence	applicant for renewal
14	55	impose condition on, or amend existing condition of, licence	licence holder
15	62	take disciplinary action mentioned in s 61 (c), (d), (e) or (f)	holder of water access entitlement, water allocation or licence
16	72	give direction to modify or remove water structure	person to whom direction given
17	73	give direction to take stated action to rectify effect of unauthorised activity	person to whom direction given
18	74	give direction to take stated action to prevent or rectify damage to bed or banks of waterway	person to whom direction given
19	75	give direction in relation to unlicensed taking of surface water	person to whom direction given
20	76	give direction in relation to bore	person to whom direction given

[1.564]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.565]Dictionary, definition of reviewable decision

substitute

reviewable decision, for part 11 (Notification and review of decisions)—see section 94.

Part 1.109Workers Compensation Act 1951

[1.566]Chapter 12

substitute

Chapter 12Notification and review of decisions

1. Meaning of reviewable decision—ch 12

   In this chapter:

   reviewable decision means a decision made by the Minister that is prescribed by regulation.

2. Reviewable decision notices

   If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision.

   Note 1The Minister 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.

199AApplications for review

The following may apply to the ACAT for review of a reviewable decision:

(a)an entity prescribed by regulation 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.

[1.567]Dictionary, note 2, new dot points

insert

·     ACAT

·     reviewable decision notice

[1.568]Dictionary, definition of reviewable decision

omit

(Review of decisions by administrative appeals tribunal)

substitute

(Notification and review of decisions)

Part 1.110Workers Compensation Regulation 2002

[1.569]Section 33 (3) (a)

substitute

(a)if the decision is to take action other than suspension—by giving the provider a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.570]Section 34 (3) (a)

substitute

(a)if the decision is to take action other than suspension or revocation—by giving the provider a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.571]Section 35 (1), note

omit

s 198 (Notice of reviewable decisions to be given to affected people)

substitute

s 199

[1.572]Section 81 (3) (a)

substitute

(a)if the decision is to take action other than suspension—by giving the insurer a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.573]Section 82 (4) (a)

substitute

(a)if the decision is to take action other than suspension or revocation—by giving the insurer a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.574]Section 83 (1), note

omit

s 198 (Notice of reviewable decisions to be given to affected people)

substitute

s 199

[1.575]Section 93 (3) (a)

substitute

(a)if the decision is to take action other than suspension—by giving the self-insurer a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.576]Section 94 (3) (a)

substitute

(a)if the decision is to take action other than suspension or revocation—by giving the self-insurer a reviewable decision notice; or

NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

[1.577]Section 95 (1), note

omit

s 198 (Notice of reviewable decisions to be given to affected people)

substitute

s 199

[1.578]Section 98

substitute

1. Reviewable decisions—Act, ch 12, def reviewable decision

   A decision mentioned in schedule 3, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed.

98ARight of review and notice—Act, s 199 and s 199A (a)

An entity mentioned in schedule 2, column 4 is prescribed.

[1.579]Schedule 3

substitute

Schedule 3Reviewable decisions

(see s 98 and s 98A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	Act, 18 (3)	refuse to exempt principal from s 18 (2) (which makes commercial volunteers workers)	applicant for exemption
2	Act, 145 (1)	refuse to approve insurer	applicant for approval
3	17 (1)	refuse to approve person as rehabilitation provider	applicant for approval
4	17 (2)	approve rehabilitation provider for less than 3 years	applicant for approval
5	28	impose condition on rehabilitation provider’s approval	rehabilitation provider
6	33	suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval suspended or that has conditions amended or that is censured
7	34	revoke or suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval revoked or suspended or that has conditions amended or that is censured
8	70	approve insurer for less than 3 years	applicant for approval
9	79	impose condition on insurer’s approval	insurer
10	81	suspend insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval suspended or conditions amended or that is censured
11	82	suspend or revoke insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval revoked or suspended or conditions amended or that is censured
12	87	refuse to exempt an employer from requirement to maintain compulsory insurance policy	applicant for exemption
13	91	impose condition on employer’s exemption	employer
14	93	suspend self-insurer’s exemption, amend conditions of self‑insurer’s exemption or censure the self-insurer	self-insurer that has approval suspended or conditions amended or that is censured
15	94	suspend or revoke self‑insurer’s exemption, amend conditions of self-insurer’s exemption or censure the self‑insurer	self-insurer that has approval revoked or suspended or conditions amended or that is censured

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 7 August 2008.

2. Notification

   Notified under the Legislation Act on 4 September 2008.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2), which was passed by the Legislative Assembly on 20 August 2008.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2008