Administrative Appeals Tribunal Amendment Act 2002 (ACT)

Administrative Appeals Tribunal Amendment Act 2002

Act 2002 No 57

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Act amended  2

4. Interpretation for Act
   Section 3 (1), new definitions  2

5. New part 1A  2

6. Divisions
   Section 17 (4)  3

7. New division 4.1 heading  4

8. New division 4.2 heading  4

9. Section 33A heading  4

10. Section 33A (1)  4

11. Section 33A (3)  4

12. New division 4.3 heading  5

13. Section 41  5

14. New division 4.4 heading  5

15. New division 4.5  5

Administrative Appeals Tribunal Amendment Act 2002

Act 2002 No 57

An Act to amend the Administrative Appeals Tribunal Act 1989

Notified under the Legislation Act 2001 on 20 December 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Administrative Appeals Tribunal Amendment Act 2002.

2. Commencement

   This Act commences on 1 July 2003.

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

3. Act amended

   This Act amends the Administrative Appeals Tribunal Act 1989.

4. Interpretation for Act
   Section 3 (1), new definitions

   insert

   application, for division 4.5 (Land, planning and environment applications)—see section 49B.

   registered mediator—see the Mediation Act 1997, dictionary.

5. New part 1A

   insert

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.

3. Divisions
   Section 17 (4)

   substitute

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 Land (Planning and Environment) Act 1991 and the Tree Protection (Interim Scheme) Act 2001.

5. New division 4.1 heading

   insert

Division 4.1               Review, applications and parties

1. New division 4.2 heading

   after section 30, insert

Division 4.2               Mediation and hearings before tribunal

1. Section 33A heading

   substitute

33AMediation generally

1. Section 33A (1)

   omit

   mediator

   substitute

   registered mediator

2. Section 33A (3)

   omit

   subsection (1)

   substitute

   this Act

3. New division 4.3 heading

   before section 40, insert

Division 4.3               Powers of tribunal

1. Section 41

   renumber as section 39A and relocate after section 39

2. New division 4.4 heading

   after section 44A, insert

Division 4.4               After end of tribunal proceeding

1. New division 4.5

   insert

Division 4.5               Land, planning and environment applications

49AApplication of div 4.5

This division applies to applications for review by the tribunal of a decision under the following Acts:

·Land (Planning and Environment) Act 1991

·Tree Protection (Interim Scheme) Act 2001.

NoteThe rest of pt 4 also applies to applications for review of a decision under the Acts mentioned in this section (see s 17 (4)).

49BMeaning of application for div 4.5

In this division:

application means an application for review of a decision under any of the following Acts:

·Land (Planning and Environment) Act 1991

·Tree Protection (Interim Scheme) Act 2001.

49CTime for deciding land, planning and environment applications

1. The tribunal must decide an application within 120 days after the day the application is made.

2. However, the president may, in writing, extend the period for deciding the application if satisfied that the extension is in the interests of justice.

3. If the tribunal does not decide the application within the 120 days, the president must ensure that the tribunal’s annual report for the year when the application was decided includes—

   (a)details of the period of time it took to decide the application; and

   (b)if the 120 day period was extended under subsection (2)—the reasons for the extension.

4. A failure to comply with this section in relation to an application does not affect the validity of a decision on the application.

5. In this section:

   tribunal’s annual report means the annual report presented by the tribunal under the Annual Reports (Government Agencies) Act 1995, section 8 (Annual reports of public authorities).

49DMediation for land, planning and environment applications

1. Before hearing an application, the tribunal—

   (a)must consider whether the application is suitable for mediation; and

   (b)if the tribunal considers the application is suitable for mediation and that it is reasonably likely that the application may be resolved by mediation—may, on its own initiative, refer the application to a registered mediator and direct the parties to the application to attend the mediation.

2. Also, the tribunal may refer the application to a registered mediator and direct the parties to attend the mediation on application by a party.

49ECosts in land, planning and environment proceedings

1. The tribunal may award costs of an application or part of an application against a party to the application if the party contravenes a tribunal direction.

   Examples of contravention of tribunal direction

   1failing to provide further information in relation to the proceeding on the application

   2failing to provide a list of contentions on which reliance is to be placed at the hearing of the application

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

2. However, the tribunal may award costs under subsection (1) only if satisfied that it is in the interests of justice to do so.

3. In deciding whether it is in the interests of justice to award costs, the tribunal must consider the following:

   (a)whether the contravention was deliberate or could easily have been avoided;

   (b)whether (and if so, the extent to which) the contravention has affected the tribunal’s ability to hear the proceeding expeditiously;

   (c)the importance to the community of people being able to afford to bring applications to the tribunal.

4. The tribunal may consider any other relevant matter.

5. Costs are payable at the prescribed scale of costs set out in the Supreme Court Rules, schedule 3 (Costs).

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 14 November 2002]

I certify that the above is a true copy of the Administrative Appeals Tribunal Amendment Bill 2002 which was passed by the Legislative Assembly on 12 December 2002.

Clerk of the Legislative Assembly

© Australian Capital Territory 2002