Administrative Appeals Tribunal Act 1989 (repealed) (ACT)

Administrative Appeals Tribunal Act 1989 (repealed)

A1989-51

Republication No 23

Effective: 2 February 2009

Republication date: 2 February 2009

As repealed by A2008-35 s 119 (1) (a)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Administrative Appeals Tribunal Act 1989 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 February 2009.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.

Administrative Appeals Tribunal Act 1989 (repealed)

Contents

Page

Part 1Preliminary

Name of Act 2

1ADictionary 2

Notes 2

2AOffences against Act—application of Criminal Code etc 3

Decisions by unincorporated bodies 3

Part 1AObjects and important concepts
3AMain objects of Act 4
3BRole and main object of land and planning division 4
Part 2Establishment of administrative appeals tribunal

Establishment of tribunal 5
Appointment of members of tribunal 5
Qualifications for appointment 5
Term of appointment 6

7AExtension of term of office 7

Acting appointments—direction to continue acting 8
Delegation by president 8
Oath or affirmation of office 8
Outside employment 9
Leave of absence 9
Retirement 9
Disclosure of interests by members 10
Resignation 10

Part 3Organisation of tribunal

Divisions 11
Arrangement of business 11
Conduct of proceedings 12

19A Exercise of powers of tribunal 13

Reconstitution of tribunal in certain cases 14

20A Questions of law 15

Member presiding 16
Member of tribunal ceasing to be available 17
Places of sitting 17

Part 4Reviews by tribunal of decisions
Division 4.1 Review, applications and parties

Tribunal may review certain decisions 18
Persons who may apply to tribunal 20

25A Notice of decision and review rights 20
25B Code of practice 21

Person affected by decision may obtain reasons for decision 22
Manner of applying for review 25
Parties to proceeding before tribunal 29

28A Entities notified about planning and development decisions may be joined 30

Intervention by Minister 30
Tribunal to decide persons whose interests are affected by decision 31

Division 4.2 Mediation and hearings before tribunal

Representation before tribunal 31
Procedure of tribunal 31
Conferences 32

33A Mediation generally 33
33B Decisions on material lodged 34

Hearings to be in public except in special circumstances 34

34A Participation by telephone etc 36

Certain documents and information not required to be disclosed and questions not required to be answered 36
Public interest questions under s 35 39
Lodging material documents 41
Power of tribunal to obtain additional statements 43
Opportunity to make submissions 43

39A Operation and implementation of decision subject to review 44
Division 4.3 Powers of tribunal

Powers of tribunal 46
How questions to be decided 48
Power to dismiss application or strike out party 49

43A Power of tribunal if proceeding frivolous or vexatious 51
43B Power of tribunal if parties reach agreement 52

Review by tribunal 52

44A Correction of errors 54
Division 4.4 After end of tribunal proceeding

Return of documents or things at completion of proceeding 54
Appeals from tribunal to Supreme Court 55
Referral of questions of law to Supreme Court 55
Sending of documents or things to, and disclosure of documents by, Supreme Court 56

Division 4.5              Land, planning and environment applications
49A         Application of div 4.5  57
49B         Meaning of application for div 4.5  57
49C         Time for deciding land, planning and environment applications            57
49D         Mediation for land, planning and environment applications                 58
49DA        Applications for review if decision reconsidered  58
49E         Costs in land, planning and environment proceedings  60
Part 5Miscellaneous

Advisory opinions 61
Protection of members, mediators, lawyers and witnesses 61

51A Service of subpoena on witness 61
51B Witnesses entitled to claim expenses 62

Application of Criminal Code, ch 7 62
Contempt of tribunal 63
Registry 63

56A Seal of tribunal 63

Registrar and deputy registrar 63
Confidential information not to be disclosed 64
Witness fees and travelling expenses 65
Giving of notices to decision-makers 66

60A Service of documents 66

Lodging of documents 66

61A Retaining documents 67

Legal assistance 67

62A Approved forms 68

Delegation 68
Regulation-making power 68

Schedule 1Oaths and affirmations of office 69
Part 1.169
Part 1.270
Dictionary71
Endnotes

About the endnotes 74
Abbreviation key 74
Legislation history 75
Amendment history 79
Earlier republications 87

Administrative Appeals Tribunal Act 1989 (repealed)

An Act to establish an administrative appeals tribunal for the Australian Capital Territory

Part 1Preliminary

Name of Act
This Act is the Administrative Appeals Tribunal Act 1989.

1ADictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘registered mediator—see the Mediation Act 1997, dictionary.’ means that the term ‘registered mediator’ is defined in that dictionary and the definition applies to this Act.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Decisions by unincorporated bodies
If a board, committee or other unincorporated body constituted by 2 or more people is authorised by an enactment to make decisions, this Act applies as if the board, committee or other body were a person authorised to make the decisions.

Part 1AObjects and important concepts
3AMain objects of Act
The main objects of this Act are—
(a)to establish an independent administrative appeals tribunal; and
(b)to review decisions made by decision-makers under enactments if authorised by enactments; and
(c)to ensure that the AAT is accessible; and
(d)to ensure that proceedings in the AAT are efficient, effective and as informal as possible; and
(e)to ensure decisions of the AAT are fair; and
(f)to foster an atmosphere in which administrative review is viewed positively as a way of enhancing the delivery of services and programs; and
(g)to encourage, and bring about, compliance by administrators with Territory laws.

3BRole and main object of land and planning division
(1)The land and planning division of the tribunal forms part of the planning and land system within the ACT.
(2)The main object of the land and planning division of the tribunal is to contribute to the orderly and sustainable development of the ACT by making decisions that are consistent with the land and planning system and with the social, environmental and economic background of the ACT.

Part 2Establishment of administrative appeals tribunal

Establishment of tribunal
The Administrative Appeals Tribunal is established, and shall consist of a President and such other members as are appointed in accordance with this Act.
Appointment of members of tribunal
(1)The members of the tribunal shall be appointed by the Executive.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A person who is to be appointed as a member of the tribunal shall be appointed as the president, as a deputy president, as a senior member or as a member.
(3)A member shall be appointed either as a full-time member or as a part-time member.
(4)If the president of the Commonwealth Administrative Appeals Tribunal agrees, the Executive may appoint a member of that tribunal to be a member of the tribunal.
Qualifications for appointment
(1)A person shall not be appointed under section 5 (1) as the president unless the person:
(a)is a judge; or
(b)is a lawyer and has been for not less than 5 years.
(2)A person shall not be appointed under section 5 (1) as a deputy president unless the person is a lawyer and has been for not less than 5 years.
(3)A person shall not be appointed under section 5 (1) as a senior member unless the person—
(a)is a lawyer and has been for not less than 5 years; or
(b)has, in the opinion of the Executive, special knowledge or skill relevant to the duties of a senior member.
(4)A person shall not be appointed under section 5 (1) as a non‑presidential member (other than a senior member) unless the person—
(a)is a lawyer; or
(b)has had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or of an authority of a government; or
(c)has obtained a degree of a university, or an educational qualification of a similar standing, after studies in the field of law, economics or public administration or some other field considered by the Executive to have substantial relevance to the duties of such a member; or
(d)has, in the opinion of the Executive, special knowledge or skill in relation to any class of matters in relation to which decisions may be made in the exercise of powers given by an enactment, being decisions in relation to which applications may be made to the tribunal for review.
Term of appointment
(1)Subject to this part (other than section (5)), a member who is a judge holds office until the member attains the age of 70 years or ceases before attaining that age to be a judge.
(2)A judge who has attained the age of 70 years shall not be appointed as a full-time member.
(3)Subject to this part (other than section (5)), if the instrument appointing a person (other than a judge) as a full-time presidential member or a full-time senior member provides that this subsection applies to the appointment, the person holds office until the person attains the age of 70 years or 65 years, as the case may be.
(4)A person shall not be appointed as a full-time presidential member or a full-time senior member if the person has attained the age of 70 years or 65 years, as the case may be.
(5)Subject to this part, a member must not be appointed for more than 7 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).
(6)Subject to this part, a member holds office on such terms and conditions as are prescribed.

7AExtension of term of office
(1)Before the end of the term of office of a member, the Executive may, in writing, extend the term for a specified period.
(2)Before the end of a term of office of a member that has been extended under subsection (1) or this subsection, the Executive may, in writing, further extend the term for a specified period.
(3)This section does not authorise the Executive to extend or to extend further the term of office of a member who could not be appointed for that term under section 7.

Acting appointments—direction to continue acting
(1)This section applies if a person has been appointed as an acting member of the tribunal because another member (the absent member) is or is expected to be absent or unavailable.
(2)The Executive may, because of a pending proceeding or other special circumstances, direct that the acting member must continue to act under the appointment after the absent member ceases to be absent or unavailable until the acting member resigns or the Executive ends the appointment.
(3)However—
(a)a direction under subsection (2) must be given before the absent member ceased to be absent or unavailable; and
(b)an acting member must not continue to act for more than 12 months after the absent member ceases to be absent or unavailable.
Delegation by president
The president may delegate the president’s functions under this Act to a member.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Oath or affirmation of office
A person who is appointed or reappointed as a member shall, before proceeding to discharge the duties of his or her office, take or make before a judge—
(a)an oath or affirmation in accordance with schedule 1, part 1.1; or
(b)an oath or affirmation in accordance with schedule 1, part 1.2.
Outside employment
(1)Subject to subsection (2), a full-time member shall not, except with the consent of the Minister, engage in paid employment outside the duties of his or her office as such a member.
(2)Subsection (1) does not apply to the holding by a member of an office under the Administrative Appeals Tribunal Act 1975 (Cwlth).
(3)If a member who is also a member of the Commonwealth Administrative Appeals Tribunal is given consent under the Administrative Appeals Tribunal Act 1975 (Cwlth) to engage in paid employment outside the duties of his or her office, the member shall be taken to have been given a similar consent under subsection (1).
Leave of absence
(1)The Minister may grant leave of absence to a full-time member on the terms and conditions about remuneration or otherwise that the Minister decides.
(2)If a full-time member who is also a member of the Commonwealth Administrative Appeals Tribunal is granted leave of absence under the Administrative Appeals Tribunal Act 1975 (Cwlth), the member shall be taken to have been granted leave of absence for the same period under subsection (1).
Retirement
The Executive may, with the consent of a member who is—
(a)an eligible employee for the Superannuation Act 1976 (Cwlth); or
(b)a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth);
retire the member from office on the ground of invalidity.
Disclosure of interests by members
(1)If a member is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding and the member has or acquires any interest, pecuniary or otherwise, that could conflict with the proper exercise of the member’s functions in relation to that proceeding—
(a)the member shall disclose the interest to the parties to the proceeding; and
(b)except with the consent of all the parties to the proceeding, the member shall not take part in the proceeding or exercise any powers in relation to the review by the tribunal of the decision to which the proceeding relates.
(2)If the president becomes aware that a member is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding and that the member has in relation to that proceeding an interest as mentioned in subsection (1)—
(a)if the president considers that the member should not take part, or should not continue to take part, in the proceeding—the president shall give a direction to the member accordingly; or
(b)in any other case—the president shall cause the interest of the member to be disclosed to the parties to the proceeding.
Resignation
A member may resign from office by written notice given to the Minister.

Part 3Organisation of tribunal

Divisions
(1)The tribunal shall have—
(a)a General Division; and
(b)a Land and Planning Division; and
(c)such other divisions as are created by the regulations.
(2)The president may, in writing, assign particular non-presidential members to particular divisions.
(3)If a member is assigned to a particular division, the member shall exercise, or participate in the exercise of, the powers of the tribunal only in the division to which the member is assigned.
(4)The provisions of this Act (other than division 4.5) apply to each division of the tribunal.
NoteDiv 4.5 applies only to applications for review of decisions under the Heritage Act 2004, Planning and Development Act 2007 and Tree Protection Act 2005.
Arrangement of business
(1)Subject to this Act, the president is responsible for ensuring the orderly and expeditious discharge of the business of the tribunal.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(2)Without limiting the operation of subsection (1), the president may give directions about any of the following:
(a)the arrangement of the business of the tribunal;
(b)the persons who are to constitute the tribunal for the purposes of a particular proceeding;
(c)the procedure of the tribunal generally.
(3)If the president gives a direction about the persons who are to constitute the tribunal for a particular proceeding, the president may—
(a)at any time after giving the direction and before the beginning of the hearing of the proceeding; or
(b)if, for a proceeding before the tribunal constituted by 2 or more members, 1 of those members ceases to be a member or ceases to be available before the matter to which the proceeding relates is decided—at any time after the member so ceases to be a member or to be available;
revoke the direction and give a further direction under subsection (1) about the persons who are to constitute the tribunal for the purposes of the proceeding.
(4)In giving a direction about the persons who are to constitute the tribunal for the purposes of a particular proceeding, the president—
(a)shall have regard to the degree of public importance or complexity of the matters to which that proceeding relates; and
(b)shall have regard to the status of the position or office held by the person who made the decision that is to be reviewed by the tribunal.

Conduct of proceedings
(1)A proceeding to which division 4.5 (Land, planning and environment applications) applies must be conducted in the land and planning division.
(2)Any other proceeding must be conducted in the general division or, if a regulation provides for the proceeding to be conducted in another division, the other division.

19AExercise of powers of tribunal
(1)The tribunal’s powers may be exercised in relation to a proceeding—
(a)if no direction has been given under section 18 about the members who are to constitute the tribunal for the proceeding—by the president or a member authorised by the president for this paragraph; or
(b)if a direction has been given under section 18 about the members who are to constitute the tribunal for the proceeding but the hearing has not begun—
(i)if the direction requires the tribunal to be constituted by 1 member only—by the president or that member; or
(ii)in any other case—by the president or the member who is to preside at the hearing; or

(c)in relation to the giving of directions about the procedure to be followed at a hearing (whether during a directions hearing under section 32 (2) or otherwise) or to the exercise of power under section 28 (2), 30, 32 (2), 34 (3), 37 (2), (8) or (9), 38, 39A, 40 (6), 44A or 59—by the member presiding at the hearing of the proceeding, the tribunal or the president; or
(d)in any other case—by the member or members who constitute the tribunal for the purposes of the proceeding.
(2)Nothing in subsection (1) affects the operation of section 36 (3).

Reconstitution of tribunal in certain cases
(1)The president may, on the president’s own initiative or application in accordance with subsection (2), give a direction varying the constitution of the tribunal for the purposes of a proceeding in the way the president considers appropriate if the president considers it appropriate to do so having regard to the public importance of the matters to which the proceeding relates or their complex factual or legal nature.
(2)At any time during the hearing of a proceeding before the tribunal, a party to the proceeding may make an application to the tribunal as constituted for the purposes of that proceeding requesting that the tribunal be reconstituted for the purposes of that proceeding.
(3)If an application under subsection (2) is made, the tribunal as constituted for the purposes of the proceeding shall, after receiving the submissions made in support of or in opposition to the application, notify the president of the making of the application and give the president particulars of those submissions.
(4)If the president is given particulars of submissions under subsection (3), the president shall consider those submissions before giving, or refusing to give, a direction under subsection (1).
(5)If a direction is given under subsection (1), the tribunal as reconstituted in accordance with the direction shall continue the proceeding and may either—
(a)complete the proceeding; or
(b)at any time remit the proceeding to the tribunal as previously constituted for completion.
(6)If the tribunal as reconstituted so remits a proceeding to the tribunal as previously constituted, the tribunal as reconstituted may give directions in relation to the proceeding to the tribunal as previously constituted and the tribunal as previously constituted shall, in making a decision on the review, comply with those directions.
(7)If, under subsection (5), a proceeding is continued by the tribunal as reconstituted in accordance with a direction given under subsection (1), the tribunal may, for the purposes of that proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including a record of any evidence taken in the proceeding.
(8)If, under subsection (5), a proceeding is remitted by the tribunal as reconstituted to the tribunal as previously constituted, the tribunal as previously constituted may, for the purposes of that proceeding, have regard to any record of the proceeding before the tribunal as reconstituted, including a record of any evidence taken in the proceeding.

20AQuestions of law
(1)The tribunal may, on its own initiative or application by a party, request the president to reconstitute the tribunal to give a ruling on a question of law or on a question that, in the opinion of the requesting tribunal, is a question of law.
(2)If the tribunal reconstituted in accordance with a request under subsection (1) gives a ruling on a question of law (including the question whether a particular question is a question of law), the requesting tribunal is bound by the ruling.
(3)The question of whether a particular question is one of law shall be decided in accordance with the opinion of the tribunal reconstituted in accordance with a request under subsection (1).
(4)A tribunal reconstituted in accordance with a request under subsection (1) shall be constituted by 1 or more of the following:
(a)the president;
(b)the deputy president;
(c)a senior member who is a lawyer and has been for not less than 5 years.
(5)Nothing in this section limits the president’s power to reconstitute the tribunal under section 20.

Member presiding
(1)At the hearing of a proceeding before the tribunal at which the tribunal is constituted by more than 1 member—
(a)if the president is a member of the tribunal as so constituted—the president shall preside; or
(b)if a presidential member (other than the president) is a member of the tribunal as so constituted but the president is not—that member shall preside; or
(c)if the tribunal is constituted only by non-presidential members—
(i)if 1 only of those non-presidential members is a senior member—that member shall preside; or
(ii)if 2 or more of those non-presidential members are senior members—1 of those senior members who is directed by the president to do so shall preside; or
(iii)if none of those non-presidential members is a senior member—1 of those non-presidential members who is directed by the president to do so shall preside.
(2)If a direction is given under section 18 (3) or 20 varying the constitution of the tribunal for the purposes of a proceeding or if section 22 (1) (a) applies, any necessary direction may be given under this section as to the member who is to preside at the hearing of the proceeding by the tribunal as reconstituted or as constituted by the remaining member or members, as the case may be.
Member of tribunal ceasing to be available
(1)If the hearing of any proceeding has been begun or completed by the tribunal constituted by 2 or more members but before the matter to which the proceeding relates has been decided, 1 of the members constituting the tribunal for the purposes of the proceeding has ceased to be a member or has ceased to be available for the purposes of the proceeding—
(a)if the parties agree and the president does not give a direction under section 18 reconstituting the tribunal for the purposes of the proceeding—the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining member or members; or
(b)in any other case—the proceeding shall be reheard by the tribunal as reconstituted in accordance with the directions of the president under section 18.
(2)If a proceeding is reheard by the tribunal, the tribunal may, for the purposes of that proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including a record of any evidence taken in the proceeding.
Places of sitting
Sittings of the tribunal shall be held from time to time as required at the places the president decides.

Part 4Reviews by tribunal of decisions
Division 4.1 Review, applications and parties

Tribunal may review certain decisions
(1)An enactment may provide that applications may be made to the tribunal—
(a)for review of decisions made in the exercise of powers given by that enactment; or
(b)for the review of decisions made in the exercise of powers given, or that may be given, by another enactment having effect under that enactment.
(2)If an enactment makes provision in accordance with subsection (1), that enactment—
(a)shall specify the person to whose decisions the provision applies; and
(b)may be expressed to apply to all decisions of a person, or to specified decisions of that person; and
(c)may specify conditions subject to which applications may be made.
(3)If an enactment makes provision in accordance with this section for making applications to the tribunal for the review of decisions by a person made in the exercise of a power given to the person, the provision also applies to decisions made in the exercise of the power by anyone else who is lawfully authorised to exercise the power.
(4)The tribunal has power to review any decision in relation to which application is made to it under any enactment.
(5)For an enactment that makes provision in accordance with this section for the making of applications to the tribunal for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, as the period within which that person is required or permitted to do that act or thing shall be taken to be the making of a decision by that person at the end of that period not to do that act or thing.
(6)If an enactment provides for applications to the tribunal, that enactment may also include provisions adding to, excluding or modifying the operation of any of the provisions of sections 19, 19A, 20, 21, 25, 27, 28, 31, 32, 34, 39A (1) and 44 (1) and (3) in relation to such applications, and those provisions have effect subject to any provisions so included.
(7)The operation of a provision of section 20 shall not be taken to be excluded or modified by an enactment unless the enactment makes express provision for the exclusion or modification of the operation of that provision.
(8)If—
(a)a person has made a decision in relation to which an application may be made to the tribunal; and
(b)the person made the decision because of holding, or exercising the duties of, an office or appointment; and
(c)the person no longer holds that office or exercises those duties;
this Act has effect as if the decision had been made by—
(d)the person for the time being holding or exercising the duties of that office or appointment; or
(e)if there is no person for the time being holding or exercising the duties of that office or appointment or the office no longer exists—the person that the president, or another member authorised by the president, specifies.
Persons who may apply to tribunal
(1)If an application may be made to the tribunal for a review of a decision, the application may be made by or on behalf of any person (including the Territory, the Commonwealth, a Territory authority or a Commonwealth authority) whose interests are affected by the decision.
(2)An organisation or association of persons, whether incorporated or not, shall be taken to have interests that are affected by a decision if the decision relates to a matter included in the objects or purposes of the organisation or association.
(3)Subsection (2) does not apply in relation to a decision given before the organisation or association was formed or before the objects or purposes of the organisation or association included the matter concerned.
(4)In this section:
Commonwealth authority means a body, whether or not incorporated, established by or under a law of the Commonwealth.
person includes an unincorporated association.
Territory authority means a body, whether or not incorporated, established by or under an enactment.

25ANotice of decision and review rights
(1)A person who makes a reviewable decision shall take the steps that are reasonable in the circumstances to give to any person whose interests are affected by the decision written notice—
(a)of the making of the decision; and
(b)of the right of the lastmentioned person to have the decision reviewed.
(2)Subsection (1) does not apply—
(a)to a decision that is deemed to be made because of the operation of section 24 (5); or
(b)if the decision does not adversely affect the interests of any other person—to a decision not to impose a liability, penalty or any kind of limitation on a person.
(3)In taking action under subsection (1) a person shall comply with the requirements of the code of practice in force under section 25B (1).
(4)A failure to comply with this section does not affect the validity of a reviewable decision.
(5)In this section:
reviewable decision means—
(a)a decision that is reviewable by the tribunal; or
(b)a decision that is reviewable by—
(i)a person whose decision on review is reviewable by the tribunal; or
(ii)a person whose decision on review, because of subparagraph (i), is a reviewable decision.

25BCode of practice
(1)The Minister may, in writing, determine a code of practice to facilitate the operation of section 25A (1).
(2)The code of practice is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Person affected by decision may obtain reasons for decision
(1)If—
(a)a person makes a decision in relation to which an application may be made to the tribunal for a review; and
(b)a person (the applicant) who is entitled to apply to the tribunal for a review of the decision, by written notice given to the person who made the decision, requests that person to give to the applicant a written statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision;
the person who made the decision shall, as soon as practicable but in any case within 28 days after receiving the request, prepare, and give to the applicant, such a statement.
(2)If a person to whom such a request is made is of the opinion that the applicant is not entitled to be given the statement, the person shall, as soon as practicable but in any case within 28 days after receiving the request, give to the applicant a written notice stating his or her opinion.
(3)A person who gives a notice under subsection (2) is not required to comply with the request unless the tribunal, on application under subsection (4), decides that the applicant was entitled to be given the statement and, if the tribunal so decides, the firstmentioned person shall prepare the statement and give it to the applicant within 28 days after the decision of the tribunal is given.
(4)The tribunal shall, on an application being made in the approved form, by an applicant who has received a notice under subsection (2) in relation to a request for a statement, decide whether the applicant was, or was not, entitled to be given the statement.
(5)A person to whom a request for a statement in relation to a decision is made under subsection (1) may refuse to prepare and give the statement if—
(a)if the terms of the decision were recorded in writing and set out in a document that was given to the applicant—the request was not made on or before the 28th day after the day that document was given to the applicant; or
(b)in any other case—the request was not made within a reasonable time after the decision was made;
and in any such case the person to whom the request was made shall give to the applicant, as soon as practicable but in any case within 28 days after receiving the request, written notice stating that the statement will not be given and giving the reason why the statement will not be so given.
(6)For subsection (5) (b), a request for a statement in relation to a decision shall be taken to have been made within a reasonable time after the decision was made if the tribunal, on application by the person who made the request, declares that the request was made within a reasonable time.
(7)If the Minister certifies in writing that the disclosure of any matter contained in a statement prepared under subsection (1) would be contrary to the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Executive or of a committee of the Executive; or
(b)for any other reason specified in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the matter should not be disclosed;
subsections (8) and (9) have effect.
(8)A person who is requested to give a statement to another person under subsection (1)—
(a)is not required to include in the statement any matter in relation to which a certificate has been given under subsection (7); and
(b)if the statement would be false or misleading if it did not include that matter—is not required to give the statement.
(9)If a certificate is given under subsection (7) in relation to matter in a statement prepared under subsection (1) in relation to a decision—
(a)the person who made the decision shall notify the applicant in writing—
(i)if the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or
(ii)if the statement is not given—that the statement will not be given and giving the reason for not giving the statement; and
(b)sections 35 (4) to (7) and 36 (1) to (6) apply in relation to any statement referred to in section 37 (1) (a) in relation to that decision that is lodged with the tribunal under section 37 as if the certificate were a certificate given under section 35 (1) or (2) in relation to any such matter that is contained in the last mentioned statement.
(10)An applicant is not entitled to make a request under subsection (1) if—
(a)the decision sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives the reasons for the decision, and a document setting out the terms of the decision has been given to the applicant; or
(b)a written statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision has already been given to the applicant.
(11)If the tribunal, on application in the approved form for a declaration under this subsection made to it by a person to whom a statement has been given under subsection (1), considers that the statement does not contain—
(a)adequate particulars of findings on material questions of fact; or
(b)an adequate reference to the evidence or other material on which those findings were based; or
(c)adequate particulars of the reasons for the decision;
the tribunal may make a declaration accordingly and, if the tribunal makes such a declaration, the person responsible for giving the statement shall, as soon as practicable but in any case within 28 days after the tribunal makes the declaration, give to the applicant an additional statement containing further and better particulars in relation to matters specified in the declaration in relation to those findings, that evidence or other material or those reasons.

Manner of applying for review
(1)An application to the tribunal for a review of a decision—
(a)shall be in writing; and
(b)may be made in accordance with the approved form; and
(c)shall set out a statement of the reasons for the application; and
(d)if the terms of the decision were recorded in writing and set out in a document that was given to the applicant or the decision is taken to be made under section 24 (5)—shall be lodged with the tribunal within the prescribed time.
NoteA fee may be determined under the Court Procedures Act 2004 for this provision.
(2) If, in an application, a person does not give an address where documents in relation to the proceedings may be served, any address of the person shown in the application, or later notified to the tribunal as an address for service, shall be taken to be an address given by the person where such documents may be served.
(3)Subject to subsection (4), the prescribed time for subsection (1) (d) is the period beginning on the day when the decision is made and ending on the 28th day after—
(a)if the decision sets out the findings on material questions of fact and the reasons for the decision—the day when a document setting out the terms of the decision is given to the applicant; or
(b)if the decision does not set out those findings and reasons—
(i)if a written statement setting out those findings and reasons is given to the applicant otherwise than under section 26 (1) not later than the 28th day after the day when a document setting out the terms of the decision is given to the applicant—the day when the statement is so given; or
(ii)if the applicant, in accordance with section 26 (1), requests the person who made the decision to give a statement as mentioned in that subsection—the day when the statement is given or the applicant is notified in accordance with section 26 (9) that the statement will not be given; or
(iii)in any other case—the day when a document setting out the terms of the decision is given to the applicant.
(4)For a decision that is taken to be made under section 24 (5), the prescribed time for subsection (1) (d) is the period beginning on the day when the decision is taken to be made and ending—
(a)if paragraph (b) does not apply—on the 28th day after that day; or
(b)if the person whose failure to do an act or thing within a particular period is taken by section 24 (5) to constitute the making of the decision makes or purports to make, after the end of that period, a decision either to do or not to do that act or thing, being a decision the terms of which were recorded in writing and set out in a document that was given to the applicant—on the 28th day after—
(i)if the decision sets out the findings on material questions of fact and the reasons for the decision—the day when a document setting out the terms of the decision is given to the applicant; or
(ii)if the decision does not set out those findings and reasons—the day that would be ascertained under subsection (3) (b) if subsection (3) applied to the decision.
(5)If—
(a)no time is prescribed for the lodging with the tribunal of applications for review of a particular decision; or
(b)no time is prescribed for the lodging with the tribunal by a particular person of an application for a review of a particular decision;
and the tribunal is of the opinion that the application was not lodged within a reasonable time after the decision was made, the tribunal shall, subject to subsection (7)—
(c)if paragraph (a) applies—refuse to entertain an application for a review of the decision; or
(d)if paragraph (b) applies—refuse to entertain an application by the person referred to in that paragraph for a review of the decision.
(6)In forming an opinion for subsection (5), the tribunal shall have regard to—
(a)the time when the applicant became aware of the making of the decision; and
(b)if subsection (5) (b) applies—any period prescribed for the lodging by another person of an application for a review of the decision; and
(c)the other matters it considers relevant.
(7)Notwithstanding subsection (5), the tribunal may entertain an application referred to in that subsection if it is of the opinion that there are special circumstances that justify it doing so.
(8)The tribunal may, on written application by a person, extend the time for the making by that person of an application to the tribunal for a review of a decision.
(9) An application under subsection (8) may be in accordance with the approved form.
(10)The time for making an application to the tribunal for a review of a decision may be extended under subsection (8) although that time has ended.
(11)Before deciding an application for an extension of time, the tribunal may, if it considers appropriate, require the applicant to serve notice of the application on a specified person, being a person whom the tribunal considers to be affected by the application.
(12) If a person on whom a notice is served under subsection (11) gives notice to the tribunal within 14 days after service, or the further time the tribunal allows, stating that he or she wishes to oppose the application, the tribunal shall not decide the application unless the applicant and any person who gave that notice are given a reasonable opportunity of presenting their cases.
(13) A notice under subsection (12)—
(a)shall be in writing; and
(b)may be in accordance with the approved form.
(14) The registrar must give written notice of an application for a review of a decision, in accordance with the approved form, to the person who made the decision.
Parties to proceeding before tribunal
(1)Subject to section 43 (3) (b), the parties to a proceeding before the tribunal for a review of a decision are—
(a)any person who, being entitled to do so, has duly applied to the tribunal for a review of the decision; and
(b)the person who made the decision; and
(c)if the Minister intervenes in the proceeding under section 29—the Minister; and
(d)any other entity that has been made a party to the proceeding by the tribunal on application by the entity under subsection (2) or section 28A.
(2)If an application has been made by a person to the tribunal for a review of a decision, any other person whose interests are affected by the decision may apply in writing to the tribunal to be made a party to the proceeding, and the tribunal may, in its discretion, by order, make that person a party to the proceeding.
NoteIf a form is approved under s 62A for this provision, the form must be used.
(3)A person who is a party to a proceeding before the tribunal—
(a)because of a decision made by the person in the exercise of the duties of an office or appointment; or
(b)because of section 24 (8);
shall be described in the proceeding by his or her official name.
(4)In this section:
person includes an unincorporated association.

28AEntities notified about planning and development decisions may be joined
(1)This section applies if a person applies for the review of a decision under the Planning and Development Act 2007.
(2)An interested entity for the decision may apply in writing to the tribunal to be made a party to the proceeding on the application for review.
NoteIf a form is approved under s 62A for this provision, the form must be used.

(3)If an interested entity applies under subsection (2), the tribunal must, by order, make the interested entity a party to the proceeding.
(4)In this section:
interested entity, for a reviewable decision—see the Planning and Development Act 2007, section 407 (Definitions—ch 13).

Intervention by Minister
(1)The Minister may, on behalf of the Territory, intervene in a proceeding before the tribunal.
(2)If the Minister intervenes under subsection (1) in a proceeding for a review of a decision, the Minister may authorise the payment to a party to the proceeding by the Territory of the costs the Minister considers were reasonably incurred by that party in relation to the proceeding because of that intervention.
Tribunal to decide persons whose interests are affected by decision
If it is necessary for this Act to decide whether the interests of a person are affected by a decision, that matter shall be decided by the tribunal and, if the tribunal decides that the interests of a person are affected by a decision, the decision of the tribunal is conclusive.

Division 4.2 Mediation and hearings before tribunal

Representation before tribunal
At the hearing of a proceeding before the tribunal, a party to the proceeding may appear in person or may be represented by some other person.
Procedure of tribunal
(1)In a proceeding before the tribunal—
(a)the procedure of the tribunal is, subject to this Act and to any other enactment, within the discretion of the tribunal; and
(b)the proceeding shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and of every other relevant enactment and a proper consideration of the matters before the tribunal permit; and
(c)the tribunal is not bound by the rules of evidence but may inform itself on any matter in the way it considers appropriate.
(2) The tribunal may hold a directions hearing in relation to a proceeding.
(3) Without limiting the operation of this section, a direction about the procedure to be followed at or in relation to the hearing of a proceeding before the tribunal may—
(a)require any person who is a party to the proceeding to provide further information in relation to the proceeding; or
(b)require the person who made the decision to provide a statement of the grounds on which the application will be resisted at the hearing; or
(c)require any person who is a party to the proceeding to provide a statement of the matters or contentions on which reliance is intended to be placed at the hearing; or
(d)require the person who made the decision to lodge—
(i)specified documents; or
(ii)any document within a specified period; or
(iii)a specified number of copies of any document;
and provide that, until any further direction to the contrary is given, compliance with section 37 is not required.
(4)A direction about the procedure to be followed in relation to the hearing of a proceeding before the tribunal may be varied or revoked at any time by a direction given under section 19A (Exercise of powers of tribunal).
(5)An authorisation by the president under this section to give directions about the procedure to be followed in relation to the hearing of a proceeding may be of general application or may relate to the hearing of a particular proceeding or class of proceeding.
(6)The president may at any time vary or revoke an authorisation under this section.
Conferences
(1)If an application is made to the tribunal for a review of a decision, the president may, if the president considers it desirable to do so, direct the holding of a conference of the parties or their representatives presided over by the president, another member or by an officer of the tribunal.
(2)The president may also direct that such a conference is to be held for applications made to the tribunal for a review of a decision of a kind specified in the direction.
(3)At the hearing of a proceeding before the tribunal, unless the parties otherwise agree, evidence shall not be given, and statements shall not be made, about any words spoken or act done at a conference held under this section.
(4)If—
(a)a conference held under this section in relation to a proceeding is presided over by a member; and
(b)a party to the proceeding who, or a representative of whom, was present at the conference notifies the tribunal before, or at the beginning of, the hearing that he or she objects to that member participating in the hearing;
that member is not entitled to be a member of the tribunal as constituted for the purposes of the proceeding.

33AMediation generally
(1)If an application is made to the tribunal for a review of a decision, the president may, if the president considers it is desirable to do so and the parties consent, direct that the proceeding or any part of it, or any matter arising out of the proceeding, be referred to a registered mediator for mediation.
(2)A direction may be given under subsection (1) whether or not a conference under section 33 has been held in relation to the proceeding.
(3)At the hearing of a proceeding before the tribunal, unless the parties otherwise agree, evidence shall not be given, and statements shall not be made, about any words spoken or act done at a mediation held under this Act.
(4)A person who mediates in relation to a proceeding may not be a member of the tribunal as constituted for the purposes of the proceeding other than for the purpose of the tribunal making a decision in accordance with section 43B (2) or (3) or dismissing the application under section 43 (1) or (3).

33BDecisions on material lodged
If—
(a)the tribunal is satisfied that a proceeding may be decided on the material that has been lodged with the tribunal without hearing the parties; and
(b)the parties consent to the proceeding being so decided;
the tribunal may decide the proceeding without holding a hearing.

Hearings to be in public except in special circumstances
(1)Subject to this section, the hearing of a proceeding before the tribunal shall be in public.
(2) If—
(a)a hearing is required by this section to be in public; and
(b)a person participates in the hearing by a means allowed under section 34A;
the tribunal shall take the steps that are necessary and reasonable to ensure the public nature of the hearing is preserved.
(3)If the tribunal is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, the tribunal may, by order—
(a)direct that a hearing or part of a hearing shall take place in private and give directions about the persons who may be present; and
(b)give directions prohibiting or restricting the publication of evidence given before the tribunal, whether in public or in private, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal; and
(c)give directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before the tribunal, or of the contents of a document lodged with the tribunal or received in evidence by the tribunal, in relation to the proceeding.
(4)In considering—
(a)whether the hearing of a proceeding should be held in private; or
(b)whether publication, or disclosure to some or all of the parties, of evidence given before the tribunal, or of a matter contained in a document lodged with the tribunal or received in evidence by the tribunal, should be prohibited or restricted;
the tribunal shall take as the basis of its consideration the principle that it is desirable that hearings of proceedings before the tribunal should be held in public and that evidence given before the tribunal and the contents of documents lodged with the tribunal or received in evidence by the tribunal should be made available to the public and to all the parties, but shall pay due regard to any reasons given to the tribunal why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

34AParticipation by telephone etc
A person presiding over a conference or conducting a mediation, or the tribunal hearing a proceeding, may allow a person to participate or give evidence by telephone, closed-circuit television or other means of communication.

Certain documents and information not required to be disclosed and questions not required to be answered
(1)If the Minister certifies in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Executive or of a committee of the Executive; or
(b)for any other reason specified in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the information or the matter contained in the document should not be disclosed;
subsections (4) to (10) have effect.
(2)If the Commonwealth Attorney-General certifies in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest—
(a)because it would prejudice the security, defence or international relations of the Commonwealth; or
(b)because it would involve the disclosure of deliberations or decisions of the Commonwealth Cabinet or of a committee of the Cabinet; or
(c)for any other reason specified in the certificate that could form the basis for a claim by the Commonwealth in a judicial proceeding that the information or the matter contained in the document should not be disclosed;
subsections (4) to (10) have effect.
(3)If the Attorney-General of a State or another Territory certifies in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest—
(a)because it would involve the disclosure of deliberations or decisions of the Cabinet or Executive, or of a committee of the Cabinet or Executive, of the State or other Territory; or
(b)for any other reason specified in the certificate that could form the basis for a claim by the State or other Territory in a judicial proceeding that the information or the matter contained in the document should not be disclosed;
subsections (4) to (10) have effect.
(4)A person who is required by or under this Act to disclose the information or to produce to, or lodge with, the tribunal the document in which the matter is contained for the purposes of a proceeding is not excused from the requirement but the tribunal shall, subject to subsection (5) and to section 49, do all things necessary to ensure that the information or the matter contained in the document is not disclosed to any person other than a member of the tribunal as constituted for the purposes of the proceeding, and, for a document produced to or lodged with the tribunal, to ensure the return of the document to the person by whom it was produced or lodged.
(5)If a certificate is given under subsection (1), (2) or (3) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in subsection (1) (a), (2) (a) or (b) or (3) (a) or (b)—
(a)the tribunal shall consider whether the information or the matter should be disclosed to all or any of the parties to the proceeding; and
(b)if it decides that the information or the matter should be so disclosed;
the tribunal shall make the information available or permit the part of the document containing the matter to be inspected accordingly.
(6)If, in relation to a proceeding to which the relevant official would not, apart from this subsection, be a party, the relevant official certifies in accordance with subsection (1), (2) or (3), as the case may be, that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in subsection (1) (a), (2) (a) or (b) or (3) (a) or (b), the relevant official, as the case may be, shall, for this Act, be taken to be a party to the proceeding.
(7)In considering whether information or matter contained in a document should be disclosed as mentioned in subsection (5), the tribunal shall take as the basis of its consideration the principle that it is desirable in the interest of securing the effective exercise of the functions of the tribunal that the parties to a proceeding should be made aware of all relevant matters but shall pay due regard to any reason specified in the certificate why the disclosure of the information or of the matter contained in the document, as the case may be, would be contrary to the public interest.
(8)If, at the hearing of a proceeding before the tribunal, a person is asked a question in the course of giving evidence, the relevant official may inform the tribunal that, in his or her opinion, the answering of the question would be contrary to the public interest for a specified reason, being a reason mentioned in subsection (1), (2) or (3), as the case may be.
(9)If the relevant official so informs the tribunal that the answering by a person of a question would be contrary to the public interest, that person is excused from answering the question unless—
(a)if the reason specified is, or the reasons specified include, a reason referred to in subsection (1) (a), (2) (a) or (b) or (3) (a) or (b), as the case may be—the Supreme Court, on an appeal under section 46 or a reference under section 48, decides that the answering of the question would not be contrary to the public interest; or
(b)in any other case—the tribunal decides that the answering of the question would not be contrary to the public interest.
(10)If the relevant official so informs the tribunal that the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest, being a proceeding to which the relevant official, as the case may be, would not, apart from this subsection, be a party, the relevant official, as the case may be, shall, for this Act, be taken to be a party to the proceeding.
(11) In this section:
relevant official means the Minister, the Commonwealth Attorney-General or the Attorney-General of a State or another Territory.

Public interest questions under s 35
(1)As soon as practicable after making a decision—
(a)under section 35 (5) in relation to information, or matter contained in a document, in relation to a proceeding; or
(b)under section 35 (9) (b) in relation to the answering of a question in relation to a proceeding;
the tribunal shall give to each party to the proceeding a document setting out the terms of the decision of the tribunal.
(2)For this Act—
(a)the question whether information, or matter contained in a document, should be disclosed to the parties to a proceeding; or
(b)the question whether the answering by a person of a question would be contrary to the public interest;
is a question of law.
(3)The tribunal’s power to make a decision under section 35 (5) or (9) (b) shall be exercised by the tribunal constituted by a presidential member and the other members (if any) that the president directs.
(4)A decision by the tribunal—
(a)under section 35 (5) about whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding; or
(b)under section 35 (9) (b) that the answering of a question at the hearing of a proceeding would, or would not, be contrary to the public interest;
is a decision by the tribunal in that proceeding for section 46.
(5)Nothing in section 35 prevents the disclosure of information or of matter contained in a document to a member of the staff of the tribunal in the course of the exercise of his or her duties as a member of the staff of the tribunal.
(6)Section 35 excludes the operation of any rules of law that relate to the public interest and would otherwise apply in relation to the disclosure of information, or of matter contained in documents, in proceedings before the tribunal.
(7)The Minister or the Commonwealth Attorney-General—
(a)may appear before the tribunal personally, or may be represented before the tribunal by a lawyer or other person, to inform the tribunal of his or her opinion in accordance with section 35; or
(b)may inform the tribunal of his or her opinion by causing a signed certificate setting out that opinion to be sent to the tribunal.
Lodging material documents
(1)A person who has made a decision that is the subject of an application for a review by the tribunal shall, within the defined period after receiving notice of the application, lodge with the tribunal 2 copies of—
(a)a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b)every other document or part of a document that is in his or her possession or under his or her control and is considered by him or her to be relevant to the review of the decision by the tribunal.
(2)The tribunal may, on application by a party to a proceeding or its own initiative, make an order directing that copies of the relevant documents referred to in subsection (1) be lodged with the tribunal within a specified shorter period after the person who made the decision receives or received notice of the application if, in the opinion of the tribunal—
(a)a party to the proceeding would suffer hardship or be otherwise prejudiced if the defined period were not shortened; or
(b)it is in the public interest that the proceeding be expedited.
(3) A request under subsection (2) shall be in writing in accordance with the approved form unless the tribunal or a presidential member directs or allows otherwise.
(4) Nothing in subsection (2) affects the operation of section 32 (3) (d).
(5)If an application that has been lodged with the tribunal for a review of a decision was not lodged within the time required by section 27, the reference in subsection (1) to the defined period after the person who made the decision receives notice of the application for a review is a reference to the defined period after the day when that person so receives notice or the day when the tribunal makes a decision extending the time for the making of the application for a review, whichever is the later.
(6)The tribunal may, on application in accordance with the approved form by a party to a proceeding before the tribunal for a review of a decision, direct that subsection (5) has effect in relation to an application for a review of the decision as if the last reference in that subsection to the defined period were a reference to the shorter period that the tribunal decides.
(7)Subsection (5) does not apply to an application for a review of a decision if the decision is the subject of another application to which subsection (5) does not apply.
(8)If the tribunal is of the opinion that particular other documents may be relevant to the review of the decision by the tribunal, the tribunal may cause to be served on the person a written notice stating that the tribunal is of that opinion and requiring the person to lodge with the tribunal, within a time specified in the notice, 2 copies of each of those other documents that is in his or her possession or under his or her control, and a person on whom such a notice is served shall comply with the notice.
(9) The tribunal may direct a person to lodge, within a specified time, a specified number of copies of a document in addition to those required under subsection (1) or (8).
(10)This section has effect notwithstanding any rule of law relating to privilege or the public interest in relation to the production of documents.
(11)In this section:
defined period, in relation to a proceeding, means—
(a)if the proceeding arises under the Planning and Development Act 2007—14 days; or
(b)in any other case—28 days.
Power of tribunal to obtain additional statements
If the tribunal considers that a statement referred to in section 37 (1) (a) that is lodged by a person with the tribunal does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for a decision, the tribunal may order that person to lodge with the tribunal, within a time specified in the order, an additional statement containing further and better particulars in relation to matters specified in the order in relation to those findings, that evidence or other material or those reasons.
Opportunity to make submissions
Subject to sections 34 and 35, the tribunal shall ensure that every party to a proceeding before the tribunal is given a reasonable opportunity to present a case and, in particular, to inspect any documents to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.

39AOperation and implementation of decision subject to review
(1)Subject to this section, the making of an application to the tribunal for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.
(2)The tribunal may, on application by a party to a proceeding before the tribunal (the current proceeding), if the tribunal is of the opinion that it is desirable to do so after taking into account the interests of any persons who may be affected by the review, make the order staying or otherwise affecting the operation or implementation of the decision to which the current proceeding relates or a part of that decision that the tribunal considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review.
(3)If an order is in force under subsection (2) (including an order that has been varied under this subsection), the tribunal may, on application by a party to the current proceeding, make an order varying or revoking the firstmentioned order.
(4) A request under subsection (2) or (3) shall be in writing in accordance with the approved form unless the tribunal or a presidential member directs otherwise.
(5)The registrar shall, on receiving a request under subsection (2) or (3), give notice of the request to the other parties to the proceeding.
(6) Notice under subsection (5) shall be given—
(a)if the request under subsection (2) or (3) is lodged in writing with the registrar—by giving a copy of the request to the other parties to the proceeding; or
(b)in any other case—in the other way that the tribunal or a presidential member directs.
(7)Subject to subsection (8), the tribunal shall not—
(a)make an order under subsection (2) unless the person who made the decision to which the current proceeding relates has been given a reasonable opportunity to make a submission to the tribunal, as the case may be, in relation to the matter; or
(b)make an order varying or revoking an order in force under subsection (2) (including an order that has previously been varied under subsection (3)) unless—
(i)the person who made the decision to which the current proceeding relates; and
(ii)the person who requested the making of the order under subsection (2); and
(iii)if the order under subsection (2) has been varied by an order under subsection (3)—the person or persons who requested the making of the lastmentioned order;

have been given a reasonable opportunity to make submissions to the tribunal, as the case may be, in relation to the matter.
(8)Subsection (7) does not prohibit the tribunal from making an order without giving to a person referred to in that subsection a reasonable opportunity to make a submission to the tribunal in relation to a matter if the tribunal is satisfied that, because of the urgency of the case or otherwise, it is not practicable to give that person such an opportunity but, if an order is so made without giving such an opportunity to the person who made the decision to which the relevant proceeding relates, the order does not come into operation until a notice setting out the terms of the order is served on that person.
(9)An order in force under subsection (2) (including an order that has been varied under subsection (3))—
(a)is subject to the conditions specified in the order; and
(b)has effect, subject to subsection (10), until—
(i)if a period for the operation of the order is specified in the order—the end of that period or, if the application for review is decided by the tribunal before the end of that period, the decision of the tribunal on the application for review comes into operation; or
(ii)if no period is so specified—the decision of the tribunal on the application for review comes into operation.

(10)An order in force under subsection (2) (including an order that has been varied under subsection (3)) ceases to have effect if the application for review is dismissed under section 43 (3).

Division 4.3 Powers of tribunal

Powers of tribunal
(1)For the purpose of reviewing a decision, the tribunal may—
(a)take evidence on oath; and
(b)proceed in the absence of a party who has had reasonable notice of the proceeding; and
(c)adjourn the proceeding from time to time.
(2)The registrar may, by written notice (a subpoena) given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:
(a)to give evidence;
(b)to produce a stated document or other thing relevant to the hearing.
NoteIf a form is approved under s 62A for this provision, the form must be used.
(3)The registrar must issue a subpoena to a person if the president, or the member of the tribunal presiding at the hearing, directs.
(4)The tribunal may give a party to a proceeding leave, subject to any specified condition, to—
(a)inspect a document or other thing produced under a subpoena; and
(b)make copies of such a document for the purpose of the proceeding.
(5)A person is taken to have complied with a subpoena under subsection (2) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.
(6)The tribunal may set aside a subpoena issued under subsection (2).
(7)The member presiding at the hearing of a proceeding before the tribunal may—
(a)require a person appearing before the tribunal to give evidence to take an oath; and
(b)administer an oath to the person; and
(c)if the person participates in a way mentioned in section 34A (Participation by telephone etc)—administer an oath to the person in the way the member considers appropriate.
NoteOath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
(8)The member presiding at the hearing of a proceeding before the tribunal may require a person appearing before the tribunal to give evidence to do either or both of the following:
(a)to answer a question relevant to the hearing;
(b)to produce a stated document or other thing relevant to the hearing.
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(9)The oath to be taken or made by a person for this section is an oath that the answers the person will give to questions asked will be true.
(10)A person subpoened to appear before the tribunal may request to be represented by a lawyer or other person and, on such a request being made, the tribunal may allow the person to be so represented.
(11)The power of the tribunal under subsection (1) (a) to take evidence on oath may be exercised on behalf of the tribunal in relation to a particular proceeding before the tribunal by the member who is to preside at the hearing of that proceeding or by another person (whether a member or not) authorised by the firstmentioned member and that power may be so exercised within or outside Australia but the tribunal may direct that the power is to be exercised subject to limitations specified by the tribunal.
(12)If a person other than the member who is to preside at the hearing of a proceeding is authorised to take evidence in relation to the proceeding in accordance with subsection (11)—
(a)the person has, for the purpose of taking that evidence, all the powers of the tribunal under subsection (1) and all the powers under subsection (7) or (8) of the member who is to preside at the hearing of the proceeding; and
(b)for the purpose of the exercise of those powers by that person, this Act has effect (except if the context otherwise requires) as if a reference to the tribunal or to the member who is to preside at the hearing of a proceeding included a reference to that person.
How questions to be decided
(1)A question of law arising in a proceeding before the tribunal at which a presidential member is presiding (including the question whether a particular question is one of law) shall be decided in accordance with the opinion of the member presiding.
(2)Subject to subsection (1), when the members constituting the tribunal for the purposes of a particular proceeding are divided in opinion about the decision to be made on any question—
(a)if there is a majority of the 1 opinion—the question shall be decided according to the opinion of the majority; or
(b)in any other case—the question shall be decided according to the opinion of the member presiding.
Power to dismiss application or strike out party
(1)If all the parties to an application before the tribunal for a review of a decision consent, the tribunal may dismiss the application without proceeding to review the decision or, if the tribunal has begun to review the decision, without completing the review.
(2) If a person who made an application for the review of a decision notifies the tribunal in writing that the person wishes to discontinue the application or to have the application dismissed, the tribunal may dismiss the application for review without proceeding to review the decision.
(3)If a party to a proceeding before the tribunal in relation to an application for the review of a decision (other than the person who made the decision) fails either to appear in person or to appear by a representative at a conference under section 33, or a mediation under section 33A, held in relation to the application, or at the hearing of the proceeding, the tribunal may—
(a)if the only other party to the proceeding is the person who made the decision—dismiss the application without proceeding to review the decision; or
(b)in any other case—direct that the person who failed to appear shall cease to be a party to the proceeding.
(4)For subsection (3), a person shall be taken to appear in person or by a representative if the person or the person’s representative (as the case may be) participates in the conference, mediation or hearing by a means allowed under section 34A.
(5)If—
(a)a person makes an application to the tribunal for a review of a decision; and
(b)it appears to the tribunal that the decision is not reviewable by the tribunal;
the tribunal may dismiss the application without proceeding to review the decision.
(6)If an applicant for a review of a decision fails within a reasonable time—
(a)to proceed with the application; or
(b)to comply with a direction by the tribunal in relation to the application;
the tribunal may dismiss the application without proceeding to review the decision.
(7) The tribunal may direct that a person shall cease to be a party to a proceeding if the person fails to comply with a direction of the tribunal within the time specified by the tribunal or, if no time is specified, within a reasonable time, unless—
(a)the person is the person who made the decision being reviewed; or
(b)the only other party to the proceeding is the person who made the decision.
(8)If, under this Act, the tribunal dismisses an application, the proceeding to which the application relates shall be taken to be concluded unless it is reinstated under subsection (11) or (12).
(9)The tribunal shall not exercise a power under subsection (3) unless satisfied that appropriate notice was given to the person who failed to appear of the time and place of the conference, mediation or hearing, as the case may be.
(10)If the tribunal dismisses an application, the person who made the application may, within 28 days after receiving notification that the application has been dismissed, apply to the tribunal for reinstatement of the application.
(11)If it considers it appropriate to do so, the tribunal may reinstate the application so dismissed and give the directions that appears to it to be appropriate in the circumstances.
(12) If it appears to the tribunal that an application has been dismissed in error, the tribunal may, on the application of a party to the proceeding or its own initiative, reinstate the application and give the directions that appear to it to be appropriate in the circumstances.

43APower of tribunal if proceeding frivolous or vexatious
(1)If an application is made to the tribunal for the review of a decision, the tribunal may, at any stage of the proceeding, if satisfied that the application is frivolous or vexatious—
(a)dismiss the application; and

Witness fees and travelling expenses
(1)A person who attends for the purpose of giving evidence before the tribunal under a subpoena is entitled to receive the fees and travelling expenses that the tribunal directs in accordance with the scale and conditions applicable in relation to persons who attend as witnesses before the Supreme Court.
(2)Fees and travelling expenses under subsection (1) are payable—
(a)if the subpoena was issued at the request of a party—in accordance with the direction of the tribunal; or
(b)if the subpoena was not issued at the request of a party—by the Territory.
(3)The directions the tribunal may make under subsection (2) (a) include a direction that the Territory pay all or part of the relevant fees and travelling allowance.
Giving of notices to decision-makers
(1)A notice that is required or permitted by this Act to be served (however described) on the person who made a decision may be served on the chief executive or a person nominated in writing by the chief executive.
(2)The chief executive must give a copy of each nomination under subsection (1) to the registrar.

60AService of documents
(1)If a person nominates an address in Australia where documents may be served on the person, a document required by this Act to be served (however described) on the person may be sent to the person at that address.
(2)For this Act, a document is taken to be served (however described) on an individual whose place of residence or employment is unknown if it is served in accordance with a direction of the tribunal.

Lodging of documents
(1)If a document is required by this Act to be lodged with the tribunal, the document shall be lodged at the registry.
(2)A document may be lodged under subsection (1) by electronic transfer, subject to any requirement approved by the president.
(3)A requirement approved under subsection (2) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)The registrar shall acknowledge in writing the receipt of an application under section 26 (6), 27 (1) or (7), 28 (2), 37 (2) or 39A (2) or (3) that is lodged in writing.

61ARetaining documents
(1)The tribunal shall retain the documents relating to a proceeding for a period of not less than 7 years beginning on the day when the latest document relating to the proceeding was signed.
(2)The tribunal shall not dispose of an order, direction or decision of the tribunal.

Legal assistance
(1)A person who—
(a)has made, or proposes to make, an application to the tribunal for a review of a decision; or
(b)is a party to a proceeding before the tribunal instituted by another person; or
(c)proposes to institute a proceeding, or is a party to a proceeding instituted, before a court in relation to a matter arising under this Act;
may apply to the Minister for the provision of assistance under this section in relation to the proceeding.
(2)If an application is made by a person under subsection (1), the Minister may, if the Minister is satisfied that it would involve hardship to that person to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorise the provision by the Territory to that person, either unconditionally or subject to the conditions that the Minister determines, of the legal or financial assistance in relation to the proceeding that the Minister determines.

62AApproved forms
(1)The president may, in writing, approve forms for this Act.
(2)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

Delegation
The Minister may, by signed writing, delegate to a person all or any of his or her powers under this Act, other than powers under section 26 (7) or 35 (1) or (8).
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1Oaths and affirmations of office

(see s 11)

Part 1.1
Oath
I, [name], do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors according to law, that I will well and truly serve her in the office of [insert name of office of member of tribunal] and that I will faithfully and impartially exercise the duties of that office. So help me God.
Affirmation
I, [name], do solemnly and sincerely affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors according to law, that I will well and truly serve her in the office of [insert name of office of member of tribunal] and that I will faithfully and impartially exercise the duties of that office.

Part 1.2
Oath
I, [name], do swear that I will well and truly serve in the office of [insert name of office of member of tribunal] and that I will faithfully and impartially exercise the duties of that office. So help me God.
Affirmation
I, [name], do solemnly and sincerely affirm that I will well and truly serve in the office of [insert name of office of member of tribunal] and that I will faithfully and impartially exercise the duties of that office.

Dictionary

(see s 1A)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     Australia
·     document
·     Executive
·     exercise
·     function
·     Supreme Court.

application, for division 4.5 (Land, planning and environment applications)—see section 49B.
approved form means the form approved by the president under section 62A.
decision includes—
(a)making, suspending, revoking or refusing to make an order or determination; or
(b)giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or
(c)issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or
(d)imposing a condition or restriction; or
(e)making a declaration, demand or requirement; or
(f)keeping, or refusing to deliver up, an article; or
(g)doing or refusing to do anything else.
deputy president means a member appointed as a Deputy President of the tribunal.
deputy registrar means a Deputy Registrar of the tribunal.
enactment means an Act or a subordinate law (including part of an Act or a subordinate law).
full-time member means a member who is appointed as a full-time member.
judge means—
(a)a judge of a court created by the Commonwealth Parliament; or
(b)a judge of a court of a State or Territory; or
(c)a person who has the same designation and status as such a judge.
member means a presidential member, a senior member, or any other member of the tribunal.
non-presidential member means a member other than a presidential member.
officer of the tribunal includes the registrar and a deputy registrar.
part-time member means a member who is appointed as a part-time member.
president means the President of the tribunal.
presidential member means the president or a deputy president.
proceeding, in relation to the tribunal, includes a proceeding—
(a)on an application to the tribunal for review of a decision; and
(b)on an application to the tribunal under section 26 (4); and
(c)on an application to the tribunal for review of a decision by the registrar; and
(d)on any other application to the tribunal under this or any other Act; and
(e)on a request under section 20A (1); and
(f)by way of a directions hearing under section 32 (2); and
(g)by way of a hearing to decide a question relating to the tribunal’s jurisdiction; and
(h)in relation to any matter referred to the tribunal for inquiry or review under this Act or another Act; and
(j)on an incidental application to the tribunal made in the course of, or in connection with, an application or proposed application, or a matter, referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h).

registered mediator—see the Mediation Act 1997, dictionary.
registrar means the Registrar of the tribunal.
senior member means a senior member of the tribunal.
tribunal means the Administrative Appeals Tribunal established by this Act, and includes a member exercising powers of the tribunal.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

am = amended ord = ordinance

amdt = amendment orig = original

ch = chapter par = paragraph/subparagraph

def = definition pres = present

dict = dictionary prev = previous

disallowed = disallowed by the Legislative (prev...) = previously

Assembly pt = part

div = division r = rule/subrule

exp = expires/expired renum = renumbered

Gaz = gazette reloc = relocated

hdg = heading R[X] = Republication No

IA = Interpretation Act 1967 RI = reissue

ins = inserted/added s = section/subsection

LA = Legislation Act 2001 sch = schedule

LR = legislation register sdiv = subdivision

LRA = Legislation (Republication) Act 1996 sub = substituted

mod = modified/modification SL = Subordinate Law

o = order underlining = whole or part not commenced

om = omitted/repealed or to be expired

Legislation history
Administrative Appeals Tribunal Act 1989 No 51
notified 10 May 1989 (Gaz 1989 No S160)
commenced 11 May 1989 (s 2 and see Cwlth Gaz 1989 No S164)
as amended by
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Land (Planning and Environment) (Consequential Provisions) Act 1991 No 118 pt 2, div 1
notified 15 January 1992 (Gaz 1991 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
pt 2, div 1 commenced 2 April 1992 (s 2 (2)) and Gaz 1992 No 13)
Supreme Court (Amendment) Act (No 2) 1993 No 91 sch 3
notified 17 December 1993 (Gaz 1993 No S258)
commenced 17 December 1993 (s 2)
Administrative Appeals Tribunal (Amendment) Act 1994 No 8
notified 14 March 1994 (Gaz 1993 No S44)
commenced 14 March 1994 (s 2)
Judicial Commissions (Consequential Amendments) Act 1994 No 10 s 3
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1, pt 2
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1, pt 2 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Administrative Appeals Tribunal (Amendment) Act (No 2) 1994 No 58
notified 11 October 1994 (Gaz 1994 No S197)
s 9, s 28 commenced 14 November 1994 (s 2 (2)) and Gaz 1994 No S250)
remainder commenced 11 October 1994 (s 2 (1))
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch, pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch, pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Administrative Appeals Tribunal (Amendment) Act 1996 No 70
notified 20 December 1996 (Gaz 1996 No S328)
ss 1-3 commenced 20 December 1996 (s 2 (1))
remainder commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S352)
Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 pt 2
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 2 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
sch 3 commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 No 1 sch
notified 9 March 2000 (Gaz 2000 No 10)
s 1, s 2 and s 3 (in pt) commenced 9 March 2000 (s 2 (1))
amdts commenced 9 September 2000 (s 2 (3))
Administrative Appeals Tribunal Amendment Act 2001 No 5
notified 8 March 2001 (Gaz 2001 No 10)
commenced 8 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 5
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 5 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Supreme Court Amendment Act 2001 (No 2) 2001 No 54 sch 2 pt 2.1
notified 15 August 2001 (Gaz 2001 No S57)
s 1, s 2 commenced 15 August 2001 (IA s 10B)
sch 2 pt 2.1 commenced 15 August 2001 (s 2)
Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41.
Administrative Appeals Tribunal Amendment Act 2002

A2002-57
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2)

Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.2
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.2 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

Heritage Act 2004 A2004-57 sch 1 pt 1.1
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
sch 1 pt 1.1 commenced 9 March 2005 (s 2 and LA s 79)

Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.2
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.2 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.1
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))

sch 1 pt 1.1 commenced 1 October 2005 (s 2 (3) and CN2005-18)
Tree Protection Act 2005 A2005-51 sch 1 pt 1.1
notified LR 29 September 2005
s 1, s 2 commenced 29 September 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 29 March 2006 (s 2 and LA s 79)

Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.1
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 23 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.2
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.2 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.3
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.3 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.2
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.2 commenced 11 July 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.1
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

sch 1 pt 1.1 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.2
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 7 May 2008 (s 2)
as repealed by
ACT Civil and Administrative Tribunal Act 2008 A2008-35 s 119
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
s 119 commenced 2 February 2009 (s 2 (1) and CN2009-2)
Amendment history
Dictionary
s 1Ains A2007-3 amdt 3.15
Notes
s 2om 2001 No 44 amdt 1.32
ins A2005-53 amdt 1.1
Offences against Act—application of Criminal Code etc
s 2Ains A2005-53 amdt 1.1
Decisions by unincorporated bodies
s 3am 1994 No 58 s 4; 1996 No 70 s 4
defs reloc to dict A2007-3 amdt 3.16
sub A2007-3 amdt 3.17
def department om 1994 No 38 sch 1 pt 2
Objects and important concepts
pt 1A hdgins A2002-57 s 5
Main objects of Act
s 3Ains A2002-57 s 5
Role and main object of land and planning division
s 3Bins A2002-57 s 5
Establishment of tribunal
s 4am 1996 No 70 s 5
Appointment of members of tribunal
s 5am A2007-16 amdt 3.2
Qualifications for appointment
s 6am 1997 No 96 sch 1
Term of appointment
s 7am 1994 No 58 s 5; ss renum R5 LA; A2007-16 amdt 3.3
Extension of term of office
s 7Ains 1996 No 70 s 6
Remuneration and allowances
s 8om 1997 No 41 sch 1
Acting appointments—direction to continue acting
s 9sub A2007-16 amdt 3.4
Delegation by president
s 10sub A2007-16 amdt 3.5
Oath or affirmation of office
s 11am 1996 No 70 s 7
sub 2001 No 5 s 4
Retirement
s 14sub 1994 No 10 s 3
Divisions
s 17am 1996 No 70 s 8; A2002-57 s 6; A2007-25 amdt 1.1
Arrangement of business
s 18am 1994 No 58 s 6; 2001 No 44 amdt 1.33, amdt 1.34; ss renum R5 LA
Conduct of proceedings
s 19am 1994 No 58 s 7
sub 1996 No 70 s 9; A2005-43 amdt 1.1
Exercise of powers of tribunal
s 19Ains 1996 No 70 s 9
Reconstitution of tribunal in certain cases
s 20am 1994 No 58 s 8; 1996 No 70 s 10; ss renum R5 LA
Questions of law
s 20Ains 1996 No 70 s 11
am 1997 No 96 sch 1
Review, applications and parties
div 4.1 hdgins A2002-57 s 7
Tribunal may review certain decisions
s 24am 1991 No 118 s 5; 1996 No 70 s 12; ss renum R5 LA; A2007-16 amdt 3.6; A2007-25 amdt 1.2; ss renum R20 LA
Persons who may apply to tribunal
s 25am 1991 No 118 s 6
Notice of decisions and review rights
s 25Ains 1994 No 58 s 9
Code of practice
s 25Bins 1994 No 58 s 9
sub 2001 No 44 amdt 1.35
Persons affected by decision may obtain reasons for decision
s 26am 1996 No 70 s 13; A2007-16 amdt 3.7; A2008-7 amdt 1.18, amdt 1.19; ss renum R21 LA
Manner of applying for review
s 27am 1994 No 58 s 10; 1996 No 70 s 14; ss renum R5 LA; A2004-60 amdt 1.3
Parties to proceeding before tribunal
s 28am 1991 No 118 s 7; 1996 No 70 s 15; ss renum R5 LA; A2007-25 amdts 1.3-1.5; ss renum R20 LA
Entities notified about planning and development decisions may be joined
s 28Ains A2007-25 amdt 1.6
Mediation and hearings before tribunal
div 4.2 hdgins A2002-57 s 8
Procedure of tribunal
s 32am 1994 No 58 s 11; 1996 No 70 s 16; 2001 No 44 amdt 1.36; ss renum R5 LA; A2007-3 amdt 3.18
Conferences
s 33am 1994 No 58 s 12
Mediation generally
s 33A hdgsub A2002-57 s 9
s 33Ains 1994 No 58 s 13
am A2002-57 s 10, s 11
Decisions on material lodged
s 33Bins 1994 No 58 s 13
Hearings to be in public except in special circumstances
s 34am 1994 No 58 s 14; ss renum R5 LA
Participation by telephone etc
s 34Ains 1994 No 58 s 15
am 1999 No 22 s 4
Certain documents and information not required to be disclosed and questions not required to be answered
s 35am 1996 No 70 s 17; ss renum R5 LA; A2007-16 amdts 3.8‑3.11
Public interest questions under s 35
s 36am 1996 No 70 s 18; 1997 No 96 sch 1
Lodging material documents
s 37am 1994 No 58 s 16; 1996 No 70 s 19; ss renum R5 LA; A2007-25 amdt 1.7, amdt 1.8
(12)-(14) exp 30 September 2008 (s 37 (14) (LA s 88 declaration applies))
Opportunity to make submissions
s 39am 1991 No 118 s 8
Operation and implementation of decision subject to review
s 39A(prev s 41) am 1994 No 58 s 18; 1996 No 70 s 21; ss renum R5 LA
renum and reloc A2002-57 s 13
Powers of tribunal
div 4.3 hdgins A2002-57 s 12
Powers of tribunal
s 40am 1994 No 58 s 17; 1996 No 70 s 20; 1997 No 96 sch 1; 2001 No 44 amdt 1.37; ss renum R5 LA; A2005-53 amdts 1.2-1.12; ss renum A2005-53 amdt 1.13
Operation and implementation of decision subject to review
s 41renum and reloc as s 39A A2002-57 s 13
Power to dismiss application or strike out party
s 43am 1994 No 58 s 19; 1996 No 70 s 22; ss renum R5 LA
Power of tribunal if proceeding frivolous or vexatious
s 43Ains 1994 No 58 s 20
Power of tribunal if parties reach agreement
s 43Bins 1994 No 58 s 20
Review by tribunal
s 44am 1996 No 70 s 23; ss renum R5 LA
Correction of errors
s 44Ains 1994 No 58 s 21
After end of tribunal proceeding
div 4.4 hdgins A2002-57 s 14
Return of documents or things at completion of proceeding
s 45am 1996 No 70 s 24
Appeals from tribunal to Supreme Court
s 46am 1993 No 91 sch 3; 1994 No 58 s 22; 2001 No 54 amdt 2.1
sub A2004-60 amdt 1.4
(5), (6) exp 10 January 2006 (s 46 (6))
sub A2006-40 amdt 2.45
Operation and implementation of decision subject to appeal
s 47am 1999 No 66 sch 3
om A2006-40 amdt 2.45
Referral of questions of law to Supreme Court
s 48sub A2004-60 amdt 1.5
Sending of documents or things to, and disclosure of documents by, Supreme Court
s 49am 1996 No 70 s 25; A2008-7 amdt 1.19, amdt 1.20
Land, planning and environment applications
div 4.5 hdgins A2002-57 s 15
Application of div 4.5
s 49Ains A2002-57 s 15
am A2004-57 amdt 1.1; A2005-51 amdt 1.1; A2007-25 amdt 1.9
Meaning of application for div 4.5
s 49Bins A2002-57 s 15
am A2004-57 amdt 1.2; A2005-51 amdt 1.2; A2007-25 amdt 1.9
Time for deciding land, planning and environment applications
s 49Cins A2002-57 s 15
am A2004-9 amdt 1.2
Mediation for land, planning and environment applications
s 49Dins A2002-57 s 15
Applications for review if decision reconsidered
s 49DAins A2007-25 amdt 1.10
Costs in land, planning and environment proceedings
s 49Eins A2002-57 s 15
am A2004-60 amdt 1.6
Protection of members, mediators, lawyers and witnesses
s 51 hdgam 1997 No 96 notes
s 51am 1994 No 58 s 23; 1997 No 96; ss renum R5 LA; A2005-53 amdt 1.14
Service of subpoena on witness
s 51A hdgam A2005-53 amdt 1.15
s 51Ains 1996 No 70 s 26
am A2005-53 amdt 1.15
Witnesses entitled to claim expenses
s 51Bins 1996 No 70 s 26
Failure to comply with summons
s 52am 1994 No 58 s 24; 1994 No 81 sch; 1996 No 70 s 27
om A2005-53 amdt 1.16
Refusal to be sworn or to answer questions
s 53am 1994 No 81 sch; 1996 No 70 s 28
om A2005-53 amdt 1.16
Application of Criminal Code, ch 7
s 54am 1994 No 81 sch
sub A2005-53 amdt 1.16
Contempt of tribunal
s 55am 1994 No 58 s 25; 1994 No 81 sch
sub A2005-53 amdt 1.16
Seal of tribunal
s 56Ains 1996 No 70 s 29
am A2005-53 amdt 1.17
Registrar and deputy registrar
s 57am 1994 No 38 sch 1 pt 2
sub 1994 No 97 sch pt 1
am 1996 No 70 s 30
sub 1999 No 66 sch 3
am A2007-16 amdt 3.12
Witness fees and travelling expenses
s 59am 1994 No 8 s 4
sub 1996 No 70 s 31
am A2005-53 amdt 1.18
Fees and charges—determination
s 59Ains 1994 No 8 s 5
am 1996 No 70 s 32
om 2000 No 1 sch
Fees and charges—payment
s 59Bins 1994 No 8 s 5
om 2000 No 1 sch
Fees and charges—remission, refund, deferral, waiver, exemption
s 59Cins 1994 No 8 s 5
om 2000 No 1 sch
Single application fee for multiple applications
s 59Dins 1994 No 8 s 5
om 2000 No 1 sch
Fees and charges—review of decisions
s 59Eins 1994 No 8 s 5
am 1996 No 70 s 33
om 2000 No 1 sch
Giving of notices to decision-makers
s 60am 1994 No 38 sch 1 pt 2
sub A2007-3 amdt 3.19
Service of documents
s 60Ains A2007-3 amdt 3.19
Lodging of documents
s 61am 1994 No 58 s 26; 1996 No 70 s 34; 2001 No 44 amdt 1.38
Retaining documents
s 61Ains 1996 No 70 s 35
Approved forms
s 62Ains 1996 No 70 s 36
sub 2001 No 44 amdt 1.39
(3)-(6) exp 12 September 2002 (s 62A (6))
References to subpoena
s 63Ains A2005-53 amdt 1.19
exp 23 November 2006 (s 63A (2))
Regulation-making power
s 64am 1989 No 38 sch 1
sub 2001 No 44 amdt 1.40
Schedule
sch hdgom 1996 No 70 s 37
Oaths and affirmations of office
sch 1 hdgins 1996 No 70
sch 1am 1994 No 10 s 4
sub 2001 No 5 s 5
pts renum R5 LA
ACT Administrative Appeals Tribunal Summons
sch 2ins 1996 No 70 sch
om 2001 No 44 amdt 1.41
Dictionary
dictins A2007-3 amdt 3.20
def application ins A2002-57 s 4
reloc from s 3 A2007-3 amdt 3.16
def approved form ins 1996 No 70 s 4
reloc from s 3 A2007-3 amdt 3.16
def decision ins A2007-3 amdt 3.20
def deputy president reloc from s 3 A2007-3 amdt 3.16
def deputy registrar reloc from s 3 A2007-3 amdt 3.16
def enactment reloc from s 3 A2007-3 amdt 3.16
def full-time member reloc from s 3 A2007-3 amdt 3.16
def judge reloc from s 3 A2007-3 amdt 3.16
def member reloc from s 3 A2007-3 amdt 3.16
def non-presidential member reloc from s 3 A2007-3 amdt 3.16
def officer of the tribunal reloc from s 3 A2007-3 amdt 3.16
def part-time member reloc from s 3 A2007-3 amdt 3.16
def president reloc from s 3 A2007-3 amdt 3.16
def presidential member reloc from s 3 A2007-3 amdt 3.16
def proceeding ins 1996 No 70 s 4
reloc from s 3 A2007-3 amdt 3.16
def registered mediator ins A2002-57 s 4
reloc from s 3 A2007-3 amdt 3.16
def registrar am 1996 No 70 s 4; 1999 No 66 sch 3
reloc from s 3 A2007-3 amdt 3.16
def senior member reloc from s 3 A2007-3 amdt 3.16
def tribunal am 1996 No 70 s 4
reloc from s 3 A2007-3 amdt 3.16

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1 Act 1989 No 38 30 June 1991

2 Act 1994 No 97 31 January 1995

3 Act 1996 No 70 1 January 1997

4 Act 1997 No 96 31 January 1999

5 Act 2001 No 54 16 November 2001

6 Act 2001 No 54 24 October 2002

6 (RI) A2001-54 ‡ 6 February 2003

7 A2002-57 1 July 2003

8* A2002-57 21 July 2003

9 A2004-9 13 April 2004

10 A2004-60 10 January 2005

11 A2004-60 9 March 2005

12 A2005-43 1 October 2005

13 A2005-53 23 November 2005

14 A2005-53 11 January 2006

15* A2005-53 29 March 2006

16 A2006-40 29 September 2006

17 A2006-40 24 November 2006

18 A2007-3 12 April 2007

19 A2007-16 11 July 2007

20 A2007-25 31 March 2008

21 A2008-7 7 May 2008

22 A2008-7 1 October 2008

‡ includes retrospective amendments by A2002-49

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

Republication No	Amendments to	Republication date
1	Act 1989 No 38	30 June 1991
2	Act 1994 No 97	31 January 1995
3	Act 1996 No 70	1 January 1997
4	Act 1997 No 96	31 January 1999
5	Act 2001 No 54	16 November 2001
6	Act 2001 No 54	24 October 2002
6 (RI)	A2001-54 ‡	6 February 2003
7	A2002-57	1 July 2003
8*	A2002-57	21 July 2003
9	A2004-9	13 April 2004
10	A2004-60	10 January 2005
11	A2004-60	9 March 2005
12	A2005-43	1 October 2005
13	A2005-53	23 November 2005
14	A2005-53	11 January 2006
15*	A2005-53	29 March 2006
16	A2006-40	29 September 2006
17	A2006-40	24 November 2006
18	A2007-3	12 April 2007
19	A2007-16	11 July 2007
20	A2007-25	31 March 2008
21	A2008-7	7 May 2008
22	A2008-7	1 October 2008
‡ includes retrospective amendments by A2002-49