Civil and Administrative Tribunal Act 2013 (NSW)
Passenger Transport Act 2014 No 46 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.12 (not commenced)
Victims Rights and Victims of Crime Commissioner Act 2025 No 64 (not commenced)
Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025
An Act to establish the Civil and Administrative Tribunal of New South Wales and to provide for its membership and functions.
This Act is the Civil and Administrative Tribunal Act 2013.
This Act commences on the date of assent to this Act.
The objects of this Act are—
(a) to establish an independent Civil and Administrative Tribunal of New South Wales to provide a single point of access for most tribunal services in the State, and
(b) to enable the Tribunal—
(i) to make decisions as the primary decision-maker in relation to certain matters, and
(ii) to review decisions made by certain persons and bodies, and
(iii) to determine appeals against decisions made by certain persons and bodies, and
(iv) to exercise such other functions as are conferred or imposed on it, and
(c) to ensure that the Tribunal is accessible and responsive to the needs of all of its users, and
(d) to enable the Tribunal to resolve the real issues in proceedings justly, quickly, cheaply and with as little formality as possible, and
(e) to ensure that the decisions of the Tribunal are timely, fair, consistent and of a high quality, and
(f) to ensure that the Tribunal is accountable and has processes that are open and transparent, and
(g) to promote public confidence in tribunal decision-making in the State and in the conduct of tribunal members.
In this Act—
(a) a decision concerning whether the Tribunal has jurisdiction to deal with a matter, and
(b) a decision concerning the awarding of costs in proceedings.
(a) provides for applications or appeals to be made to the Tribunal with respect to a specified matter or class of matters, or
(b) otherwise enables the Tribunal to exercise functions with respect to a specified matter or class of matters.
(a) the granting of a stay or adjournment,
(b) the prohibition or restriction of the disclosure, broadcast or publication of matters,
(c) the issue of a summons,
(d) the extension of time for any matter (including for the lodgment of an application or appeal),
(e) an evidential matter,
(f) the disqualification of any member,
(g) the joinder or misjoinder of a party to proceedings,
(h) the summary dismissal of proceedings,
(h1) the granting of leave for a person to represent a party to proceedings,
(i) any other interlocutory issue before the Tribunal.
(a) a Magistrate,
(b) a Judge of the District Court,
(c) a judicial member of the Industrial Relations Commission,
(d) a Judge of the Land and Environment Court,
(e) a Judge of the Supreme Court.
(a) the Tribunal rules,
(b) the regulations in their application to the practice and procedure of the Tribunal.
Section 25(5) provides that in the event of an inconsistency between a provision of the regulations and a provision of the Tribunal rules, the provision of the regulations prevails to the extent of the inconsistency.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act (however expressed) to the exercise by the Tribunal of its functions in relation to other legislation includes a reference both to its functions under the legislation and its functions under this Act in relation to the legislation.
A reference (however expressed) in this Act to a decision made under other legislation is taken to include a reference to any decision made in the exercise of functions identified by the legislation.
Any provisions of this Act that are expressed to be subject to the procedural rules have effect subject to any exceptions, limitations or other restrictions specified by the procedural rules.
Subject to section 17(3), procedural rules that make provision as referred to in subsection (4) are not inconsistent with this Act.
Section 17(3) provides that the provisions of a Division Schedule for a Division of the Tribunal prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or the provisions of the procedural rules. See also item 23 of Schedule 7. Also, the procedural rules cannot be inconsistent with enabling legislation. See sections 25(1) and 90(2)(a).
A reference in this Act to the Administrative Decisions Review Act 1997 is a reference to the Administrative Decisions Tribunal Act 1997, as renamed and amended, on and from the establishment day.
See the amendments made by Schedule 2 (Repeal and amendment of certain legislation relating to Administrative Decisions Tribunal) to the Civil and Administrative Tribunal Amendment Act 2013.
Notes included in this Act do not form part of this Act.
In this Act,
(a) making, suspending, revoking or refusing to make an order or determination,
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission,
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument,
(d) imposing a condition or restriction,
(e) making a declaration, demand or requirement,
(f) retaining, or refusing to deliver up, an article,
(g) doing or refusing to do any other act or thing.
For the purposes of this Act—
(a) a decision is made under enabling legislation or this Act if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enabling legislation or this Act, and
(b) a decision that purports to be made under enabling legislation or this Act is taken to be a decision made under the enabling legislation or this Act even if the decision was beyond the power of the decision-maker to make, and
(c) a refusal of a decision-maker to make a decision under enabling legislation or this Act because the decision-maker considers that the decision concerned cannot lawfully be made under the enabling legislation or this Act is taken to be a decision made under the enabling legislation or this Act to refuse to make the decision requested, and
(d) a failure by a decision-maker to make a decision within the period specified by enabling legislation or this Act for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision.
For the purposes of this Act, the
The person or body specified by enabling legislation as a person or body whose decisions are reviewable or appealable is taken to be the only decision-maker in relation to the making of such a decision even if some other person or body also had a role in the making of the decision.
The Civil and Administrative Tribunal of New South Wales (which may also be called
The
(a) 1 January 2014, or
(b) such later day as may be fixed as the establishment day by a proclamation made under this section.
The Governor may, by proclamation published on the NSW legislation website, fix a day that is later than 1 January 2014 as the establishment day for the purposes of this section.
The Governor may, by further proclamation published on the NSW legislation website, revoke a previous proclamation fixing a day as the establishment day and fix a different day that is later than 1 January 2014 as the establishment day.
A proclamation under this section has effect only if published before the establishment day applying for the time being.
A person may be appointed to any office or other position under this Act before the establishment day.
Without limiting subsection (1), the following appointments may be made before the establishment day—
(a) appointment as the President or as any other kind of member,
(b) appointment as a Division Head of a Division of the Tribunal that will be created on the establishment of the Tribunal,
(c) appointment as a List Manager of a Division of the Tribunal that will be created on the establishment of the Tribunal,
(d) appointment as a member of the Rule Committee,
(e) appointment as a registrar (including as the principal registrar) or other member of staff of the Tribunal.
A member appointed before the establishment day may also be assigned by or under this Act to a Division of the Tribunal that will be created on the establishment of the Tribunal.
Without limiting subsections (1) and (2), the Rule Committee may be constituted before the establishment day and may before that day—
(a) meet and transact business as if the Tribunal (and its Divisions) had been established, and
(b) without limiting paragraph (a), make Tribunal rules that will come into force on or after the establishment day.
Any appointment or assignment made before the establishment day has effect on and from the day specified in the instrument of appointment or assignment as the date of appointment or assignment as if the Tribunal (including its Divisions) had been established.
Despite clause 5 of Schedule 2, a member of an existing tribunal (within the meaning of Part 2 of Schedule 1) who is appointed as a member of the Tribunal before the establishment day is not entitled to be paid remuneration as a member of the Tribunal while he or she continues to receive remuneration as a member of the existing tribunal.
The Tribunal is to consist of the following members—
(a) the President,
(b) Deputy Presidents,
(c) principal members,
(d) senior members,
(e) general members.
The President and the Deputy Presidents are referred to in this Act as
The principal members, senior members and general members are referred to in this Act as
A member appointed by or under this Act for a term is referred to in this Act as a
A member appointed by or under this Act to be a member for the purposes of specified proceedings is referred to in this Act as an
The President is to be appointed as a term member.
Schedule 2 sets out additional provisions with respect to members.
A person may be appointed as a term member if the person is qualified to be appointed as a member of the kind concerned.
Section 13 makes general provision with respect to qualifications for appointment. A Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the assignment of members to that Division based on particular skills, expertise or qualifications.
A presidential member appointed as a term member is to be appointed by the Governor by commission under the public seal of the State.
The President must be appointed as a term member. See section 9(6).
A non-presidential member appointed as a term member is to be appointed by the Minister by written instrument.
The instrument of appointment of a term member is to specify—
(a) whether the member has been appointed as the President, a Deputy President, principal member, senior member or general member, and
(b) the term for which the member has been appointed.
A term member may be appointed on a full-time basis or a part-time basis.
However, the President is taken to be appointed on a full-time basis.
The President may, by written instrument, appoint a person to be an occasional member in relation to particular proceedings before the Tribunal if—
(a) the person is qualified to be appointed as a member of the kind concerned, and
(b) the President is satisfied that the appointment of the person as a member is necessary to enable the Tribunal to be properly constituted to exercise its functions in the proceedings.
Section 13 makes general provision with respect to qualifications for appointment. A Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the assignment of members to that Division based on particular skills, expertise or qualifications.
Without limiting clause 12 of Schedule 2, the President may delegate the function of appointing occasional members to sit as Division members for a Division of the Tribunal to the Division Head of the Division or a List Manager of a Division of the Tribunal.
The instrument of appointment of an occasional member is to specify—
(a) whether the member has been appointed as a Deputy President, principal member, senior member or general member, and
(b) the proceedings in relation to which the member has been appointed as an occasional member.
An occasional member who is appointed to be a member in relation to proceedings that are allocated to a Division of the Tribunal is taken to be assigned as a Division member of that Division.
A person who is appointed as an occasional member holds office as such until the proceedings in relation to which the member has been appointed as an occasional member have been finally determined, unless the person sooner vacates office.
The proceedings in relation to which an occasional member has been appointed as an occasional member are not
(a) the proceedings are withdrawn by a party before the substantial merits of the proceedings are considered by the Tribunal, or
(b) the proceedings are dismissed by the Tribunal (as constituted by or with the member) before the substantial merits of the proceedings are considered by the Tribunal (including, where required, the giving of reasons for the dismissal and the determination of costs), or
(c) the Tribunal (as constituted by or with the member) has completed all the processes necessary to decide the substantial merits of the proceedings (including, where required, the giving of reasons for the decision and the determination of costs),
whichever occurs first.
The Governor may, by commission under the public seal of the State, appoint as an Acting Deputy President a person qualified for appointment as a Deputy President if satisfied that the appointment is necessary to enable the Tribunal to exercise its functions effectively during the period of the appointment.
The Minister may, by written instrument, appoint as an acting principal member, acting senior member or acting general member a person qualified for appointment as a principal member, senior member or general member (as the case requires) if satisfied that the appointment is necessary to enable the Tribunal to exercise its functions effectively during the period of the appointment.
The person’s appointment is for the period (not exceeding 12 months) specified in the instrument of appointment.
An Acting Deputy President, acting principal member, acting senior member or acting general member has the functions of, and is taken to be, a Deputy President, principal member, senior member or general member (as the case requires) subject to any conditions or limitations specified in the instrument of appointment.
A person is qualified to be appointed as the President only if the person is a Judge of the Supreme Court.
However, the Minister may not recommend the appointment of a person as the President unless the Minister has consulted with the Chief Justice of the Supreme Court about the appointment.
A person is qualified to be appointed as a Deputy President only if the person is—
(a) an Australian lawyer of at least 7 years’ standing, or
(b) a person who holds, or has held, a judicial office of this State or of the Commonwealth, another State or Territory.
A person is qualified to be appointed as a principal member only if the person—
(a) is an Australian lawyer of at least 7 years’ standing, or
(b) has, in the opinion of the person making the appointment, special knowledge, skill or expertise in relation to any one or more classes of matters in respect of which the Tribunal has jurisdiction.
A person is qualified to be appointed as a senior member only if the person—
(a) is an Australian lawyer of at least 7 years’ standing, or
(b) has, in the opinion of the person making the appointment, special knowledge, skill or expertise in relation to any one or more classes of matters in respect of which the Tribunal has jurisdiction.
A person is qualified to be appointed as a general member only if, in the opinion of the person making the appointment, the person—
(a) has special knowledge, skill or expertise in relation to any class of matters in respect of which the Tribunal has jurisdiction, or
(b) is capable of representing the public (or a sector of the public), or a particular organisation, body or group of persons (or class of organisations, bodies or groups of persons), in relation to any one or more classes of matters in respect of which the Tribunal has jurisdiction.
A Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the assignment of members to that Division based on particular skills, expertise or qualifications.
The President or a Deputy President who is a term member may be appointed by the Governor as the Division Head of one or more Divisions of the Tribunal—
(a) in the instrument of appointment of the President or Deputy President, or
(b) by subsequent instrument.
A Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the qualifications and procedure for the appointment of the Division Head for that Division.
A Division Head ceases to hold office as a Division Head if he or she—
(a) is removed from office as a Division Head by the Governor, or
(b) resigns the office by written instrument addressed to the Minister, or
(c) ceases to hold office as the President or a Deputy President.
However, a person does not cease to hold office as the President or a Deputy President simply because the person has been removed, or has resigned, from office as a Division Head under subsection (2).
Any NSW judicial officer who belongs to a class of NSW judicial officer prescribed by the regulations for the purposes of this section is taken to have been duly appointed to act as a member of the Tribunal in relation to such matters within the jurisdiction of the Tribunal as are prescribed by the regulations.
Without limiting subsection (1), the President may appoint any NSW judicial officer to act as a member of the Tribunal in relation to particular proceedings before the Tribunal if—
(a) the President is satisfied that the appointment of the judicial officer to act as a member is necessary to enable the Tribunal to exercise its functions effectively in the proceedings, and
(b) the relevant chief judicial officer agrees to the NSW judicial officer’s appointment.
Any person who is appointed to act as a member by or under this section—
(a) holds office as a Deputy President, principal member or senior member as specified in the regulations (in the case of an appointment under subsection (1)) or the instrument of appointment (in the case of an appointment under subsection (2)), and
(b) has and may exercise all the functions of a member while acting as a member, and
(c) may continue to exercise his or her functions as a holder of a judicial office.
A NSW judicial officer who has acted as a member may attend the sittings of the Tribunal for the purpose of giving reasons for a decision in, or otherwise completing, any proceedings that have been heard by the Tribunal (or were otherwise the subject of deliberations by the Tribunal) while the officer acted as a member, even if the person has ceased to act as a member.
In this section—
(a) in relation to the appointment of a Magistrate to act as a member—the Chief Magistrate of the Local Court, or
(b) in relation to the appointment of a Judge of the District Court to act as a member—the Chief Judge of the Court, or
(c) in relation to the appointment of a judicial member of the Industrial Relations Commission to act as a member—the President of the Commission, or
(d) in relation to the appointment of a Judge of the Land and Environment Court to act as a member—the Chief Judge of the Court, or
(e) in relation to the appointment of a Judge of the Supreme Court to act as a member—the Chief Justice of the Court.
On the establishment of the Tribunal, there are to be the following Divisions of the Tribunal—
(a) the Administrative and Equal Opportunity Division,
(b) the Consumer and Commercial Division,
(c) the Occupational Division,
(d) the Guardianship Division.
(e) (Repealed)
The functions of the Tribunal in relation to enabling legislation that are allocated to a Division of the Tribunal are to be exercised in that Division.
Section 4(2) provides that a reference in this Act (however expressed) to the exercise by the Tribunal of its functions in relation to other legislation includes a reference both to its functions under the legislation and its functions under this Act in relation to the legislation.
The functions of the Tribunal in relation to enabling legislation that are allocated to a Division of the Tribunal are the functions in relation to such legislation that are allocated to the Division by the Division Schedule for the Division.
However, the functions of the Tribunal when constituted by an Appeal Panel or in exercise of its enforcement jurisdiction are not allocated to any particular Division of the Tribunal.
A Division of the Tribunal is composed of such members as are assigned to it by or under this Act.
If the functions allocated to a Division of the Tribunal are reallocated to another Division as a result of amendments made to this Act by amending legislation, any proceedings that were instituted or commenced in the Tribunal before the reallocation may continue to be dealt with and determined as if the reallocation had not occurred unless the amending legislation provides otherwise.
See, for example, section 17, which enables the regulations to make amendments to Division Schedules for Divisions of the Tribunal and, for that purpose, make provision for matters of a savings or transitional nature.
The
Without limiting subsection (1), a Division Schedule for a Division of the Tribunal may include provisions about the following matters—
(a) the qualifications and procedure for the appointment of a Division Head of the Division,
(b) the qualifications and procedure for the assignment of other Division members,
(c) the allocation to the Division of functions of the Tribunal in relation to enabling legislation,
(c1) the reallocation from the Division to another Division of functions of the Tribunal in relation to enabling legislation,
(d) the use of Division Lists in the Division and the qualifications and procedure for the appointment of, and the functions of, List Managers for the Division,
(e) special requirements for the constitution of the Tribunal when exercising functions of the Tribunal allocated to the Division,
(f) special requirements in relation to the powers of, and the practice and procedure to be followed by, the Tribunal in relation to proceedings in the Division,
(g) the functions of registrars in relation to proceedings in the Division,
(h) special requirements regarding appeals from decisions made by the Tribunal or a registrar in the Division (including whether appeals lie to an Appeal Panel or court and the constitution and functions of an Appeal Panel or court on any such appeal).
The provisions of a Division Schedule for a Division of the Tribunal prevail to the extent of any inconsistency between those provisions and any other provisions of this Act (except Part 3A) or the provisions of the procedural rules.
Subject to subsections (5) and (6), the regulations may—
(a) amend section 16(1) to change the name of a Division of the Tribunal and amend other provisions of this Act (including a Division Schedule for a Division of the Tribunal) to update references to a renamed Division, and
(b) amend a Division Schedule for a Division of the Tribunal to make additional or different provision for or with respect to the composition and functions of the Division (including, without limitation, the matters referred to in subsection (2)), and
(c) make provision for matters of a saving or transitional nature consequent on the amendment of this Act by the regulations.
The Minister is not to recommend the making of a regulation for the purposes of subsection (4) unless the Minister certifies that—
(a) the President has agreed to the amendments that are proposed to be made by the regulation, and
(b) in the case of proposed amendments to Schedule 4 (other than an amendment of a kind referred to in subsection (4)(a))—the Minister for Innovation and Better Regulation has also agreed to the proposed amendments to that Schedule.
However, a regulation made for the purposes of subsection (4) may not make—
(a) any of the following amendments to Schedule 5—
(i) an amendment that has the effect of reallocating any of the functions of the Division of the Tribunal to which that Schedule relates in relation to the Health Practitioner Regulation National Law (NSW) to another Division,
(ii) an amendment to Division 3 (Health practitioners) of Part 4 of that Schedule, including an amendment to another provision of that Schedule that has the effect of indirectly amending clause 14 (Effect of amendments to Schedule by regulations), or
(b) any amendment to Schedule 6 (other than an amendment of a kind referred to in subsection (4)(a)).
Any reference in any other Act or instrument made under any other Act to a Division of the Tribunal that has been renamed under this section is to be read as a reference to the Division as renamed.
The President is assigned to each Division of the Tribunal.
A Division Head is assigned to the Division of the Tribunal in respect of which he or she is appointed as the Division Head.
Subject to this Act, the President—
(a) is to assign each member (other than the President or a Division Head) to one or more Divisions of the Tribunal, and
(b) may assign a member who is a Division Head to one or more Divisions of the Tribunal in respect of which the member is not the Division Head,
and may vary any such assignment at any time.
An assignment of a member to a Division of the Tribunal—
(a) is to be made in accordance with any applicable provisions of the Division Schedule for the Division or of this Act or any enabling legislation, and
(b) is subject to any limitations specified in the member’s instrument of appointment or assignment.
An assignment of a member to a Division of the Tribunal may be limited to participating in proceedings that are entered in one or more Division Lists of the Division.
The President, or the Division Head of a Division of the Tribunal (subject to any direction of the President), may establish one or more Division Lists for a Division of the Tribunal in which proceedings allocated to the Division are to be entered for the purpose of managing those proceedings.
The President, or the Division Head of a Division of the Tribunal (subject to any direction of the President), may, by written instrument, designate a Division member to be a List Manager for a Division List of the Division.
A Division Schedule for a Division of the Tribunal may, in some cases, provide for the use of Division Lists in the Division and for the qualifications and procedure for the designation of, and the functions of, List Managers for the Division.
A List Manager for a Division of the Tribunal has (subject to any direction from the President or the Division Head of the Division) the function of managing such Division Lists of the Division as may be specified—
(a) in the instrument designating the member to be a List Manager, or
(b) by the Division Schedule for the Division or by the procedural rules.
Clause 12 of Schedule 2 also enables the Division Head of a Division of the Tribunal to delegate functions of the Division Head to a List Manager of the Division.
An instrument designating a member to be a List Manager for a Division of the Tribunal may specify a title for the member to use while exercising the functions of a List Manager.
The President, or the Division Head of a Division of the Tribunal (subject to any direction of the President), may at any time, by written instrument, revoke a member’s designation as a List Manager for a Division of the Tribunal.
The functions of the President are—
(a) to direct the business of the Tribunal (including determining the places and times for sittings of the Tribunal), and
(b) to facilitate the adoption of good administrative practices for the conduct of the business of the Tribunal, and
(c) to give directions about, and participate in the development of, the practice and procedure to be followed by the Tribunal, and
(d) to manage members, including by—
(i) developing codes of conduct for members, and
(ii) ensuring that members are adequately and appropriately trained to enable them to exercise their functions effectively and efficiently, and
(iii) undertaking performance management for members (whether by means of agreements with members, reviews or otherwise), and
(iv) developing selection criteria for the appointment of members and, if required by the Minister, overseeing the selection process for members, and
(e) to advise the Minister about the appointment, re-appointment and removal of members, and
(f) to exercise such other functions as may be conferred or imposed on the President by or under this Act or any other legislation.
The President may also enter into agreements with Ministers, public officials and other persons or bodies with regulatory functions in relation to any class of matters over which the Tribunal has jurisdiction about the provision, allocation or use of funding in connection with the exercise of the jurisdiction concerned.
Without limiting subsections (1) and (2), the President has the following functions if appointed before the establishment day—
(a) to assist in the development of the Tribunal rules for the Tribunal to use on its establishment,
(b) to assign functions to other members appointed before the establishment day with respect to the establishment of the Tribunal,
(c) to assign functions to any registrar or other member of staff appointed before the establishment day,
(d) to exercise such other functions as are necessary or convenient to facilitate the establishment of the Tribunal.
A member has such functions as may be conferred or imposed on the member by or under this Act or any other legislation.
Each member must comply with any procedural directions given by the President and the Division Head of the Division of the Tribunal to which the member is assigned.
The functions of a Division Head of a Division of the Tribunal are—
(a) to direct (subject to this Act, the regulations, the Tribunal rules and any direction of the President) the business of the Tribunal in that Division, and
(b) to exercise such other functions as may be conferred or imposed on the Division Head by or under this Act or any other legislation.
Without limiting subsections (1)–(3), a member (other than the President) or Division Head for a Division of the Tribunal appointed before the establishment day has and may exercise such functions with respect to the establishment of the Tribunal as may be assigned to the member under section 20(3).
Persons (including the principal registrar and any other registrars) may be employed in the Public Service to enable the Tribunal to exercise its functions. Those employees may be referred to as the employees or staff of the Tribunal.
The President may enter into arrangements with any government agency or other body or person (whether in the public or private sector) for the provision of assistance to the Tribunal in connection with the exercise of its functions.
A reference in this Act to the appointment of a registrar or other member of staff of the Tribunal is to be read as a reference to the employment of a person as such in the Public Service.
A registrar has such functions as may be conferred or imposed on the registrar by or under this Act or any other legislation or law.
The principal registrar has the following additional functions—
(a) to assist the President in managing the business and the affairs of the Tribunal,
(b) such administrative and other functions as may be conferred or imposed on the principal registrar by or under this Act or any other legislation or law.
A registrar may exercise such functions of the principal registrar as may be directed by the President or principal registrar.
Without limiting subsections (1) and (3)—
(a) the President may, from time to time, designate a registrar to be a registrar for one or more Divisions of the Tribunal, and
(b) the designated registrar may (subject to any direction of the President or principal registrar) exercise the functions of the principal registrar in connection with proceedings and legislation allocated to the Division or Divisions concerned.
Anything done or omitted to be done by a registrar in exercising a function of the principal registrar has effect as if it had been done or omitted to be done by the principal registrar.
The procedural rules may make provision for or with respect to the functions of the principal registrar and other registrars, including authorising registrars to make ancillary or interlocutory decisions of the Tribunal on behalf of the Tribunal.
In addition, a registrar (including the principal registrar) appointed before the establishment day has and may exercise such functions with respect to the establishment of the Tribunal as may be assigned to the registrar under section 20(3).
There is to be a Rule Committee of the Tribunal.
The functions of the Rule Committee are—
(a) to make the Tribunal rules, and
(b) to ensure that the Tribunal rules it makes are as flexible and informal as possible.
The Rule Committee is to be composed of the following—
(a) the President,
(b) each Division Head,
(c) such other members as may be appointed by the President from time to time.
The President is to be the Chairperson of the Rule Committee.
The President is to appoint one of the other members of the Rule Committee who is a Deputy President as Deputy Chairperson of the Rule Committee.
Unless the regulations provide otherwise, the Rule Committee is to regulate its own procedure.
The following provisions apply in relation to meetings of the Rule Committee unless the regulations provide, or the Rule Committee decides, otherwise—
(a) the Chairperson of the Rule Committee or, in the absence of the Chairperson, the Deputy Chairperson of the Committee is to preside at a meeting of the Committee,
(b) in the absence from a meeting of the Rule Committee of both the Chairperson and Deputy Chairperson, another member of the Committee who is a Deputy President is to be chosen by the members present to preside at the meeting,
(c) the quorum for a meeting of the Rule Committee is a majority of the number of the members for the time being,
(d) any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and has and may exercise all the functions of the Rule Committee,
(e) a decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present is the decision of the Committee,
(f) the person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
The President is to call the first meeting of the Rule Committee in such manner as the President thinks fit and (subject to any decision of the Committee) may call such other meetings of the Committee as the President thinks necessary.
The Rule Committee may make rules of the Tribunal (referred to in this Act as the
(a) the practice and procedure to be followed in proceedings in the Tribunal,
(b) any matter that is, by this Act or any other legislation, required or permitted to be prescribed by the Tribunal rules.
A number of provisions of this Act provide for matters to be prescribed by the procedural rules. The term
Without limiting subsection (1)(a), the Tribunal rules may make provision for or with respect to any of the matters specified in Schedule 7.
Without limiting the generality of section 42 of the Interpretation Act 1987, the Tribunal rules may also prescribe different rules for—
(a) each of the Divisions of the Tribunal, and
(b) different classes of matters.
Section 42 of the Interpretation Act 1987 provides for the matters for which statutory rules may generally make provision.
The Tribunal rules may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in the Tribunal in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.
In the event of an inconsistency between a provision of the regulations and a provision of the Tribunal rules, the provision of the regulations prevails to the extent of the inconsistency.
Section 90(2) also enables the regulations to make provision concerning matters for or with respect to which the Tribunal rules may make provision (including the matters specified in Schedule 7).
This section does not limit the operation of section 78 (Rules of court) of the Interpretation Act 1987.
The President may give directions (
The procedural directions must be—
(a) publicly available, and
(b) consistent with this Act, enabling legislation and the procedural rules.
Without limiting subsection (2)(a), it is sufficient compliance with that paragraph if procedural directions are published on the website of the Tribunal.
Each member, and the parties to proceedings and their representatives, must comply with any applicable procedural directions.
The Tribunal is to be constituted as follows—
(a) in the case of an internal appeal or designated external appeal—by an Appeal Panel of the Tribunal consisting of—
(i) one member who is an Australian lawyer, or
(ii) 2 or more members (at least one of whom must be an Australian lawyer),
(b) in the case of proceedings for contempt of the Tribunal—by one or more of the following members—
(i) the President,
(ii) any other member who is a current or former NSW judicial officer,
(c) in the case of proceedings for a contravention of a civil penalty provision of this Act—by one or more of the following—
(i) the President,
(ii) a Deputy President,
(iii) a principal member who is an Australian lawyer of at least 7 years’ standing,
(d) in the case of any other proceedings—by one or more Division members of the Division to which the function of dealing with the proceedings is allocated.
The functions of the Tribunal are generally exercised in the Divisions of the Tribunal by Division members. However, the functions of the Tribunal when constituted by an Appeal Panel or in exercise of its enforcement jurisdiction are not allocated to any particular Division of the Tribunal. See section 16(4).
A Division Schedule for a Division may, in some cases, make special provision for the constitution of the Tribunal when exercising functions allocated to that Division (including the qualifications of members to sit in specified kinds of proceedings). It may also provide for certain Division functions to be exercised by a registrar and for the constitution of Appeal Panels in internal appeals against decisions made in the Division.
The procedural rules may also authorise a registrar to make ancillary or interlocutory decisions of the Tribunal on behalf of the Tribunal. See section 23(6).
The President may give or revoke a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings.
The President may delegate the function of constituting the Tribunal for particular proceedings to a Division Head for a Division of the Tribunal or another member. See clause 12 of Schedule 2.
In giving a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings, the President is to have regard to the following matters—
(a) the degree of public importance or complexity of the subject-matter of the proceedings,
(b) the need for any of the members to have special knowledge or experience in the subject-matter of the proceedings,
(c) any applicable requirements in relation to the constitution of the Tribunal that are specified by a Division Schedule for a Division of the Tribunal or enabling legislation,
(d) such other matters as the President considers relevant.
The President may give directions (whether for particular proceedings, classes of proceedings or generally) as to which member is to preside at proceedings in the Tribunal when the Tribunal is constituted by more than one member.
There may be more than one sitting of the Tribunal (including when constituted as an Appeal Panel) at the same time.
In this section—
(a) an external appeal under section 45 of the Drug and Alcohol Treatment Act 2007,
(b) an external appeal under section 50 of the NSW Trustee and Guardian Act 2009,
(c) any other external appeal that this Act or enabling legislation has declared to be a designated external appeal for the purposes of this section.
The Tribunal has such jurisdiction and functions as may be conferred or imposed on it by or under this Act or any other legislation.
In particular, the jurisdiction of the Tribunal consists of the following kinds of jurisdiction—
(a) the general jurisdiction of the Tribunal,
(b) the administrative review jurisdiction of the Tribunal,
(c) the appeal jurisdiction of the Tribunal (comprising its external and internal appeal jurisdiction),
(d) the enforcement jurisdiction of the Tribunal.
Subject to this Act and enabling legislation, the Tribunal has jurisdiction in respect of matters arising before or after the establishment of the Tribunal.
Section 35D of the Ombudsman Act 1974 enables the Ombudsman and the President to enter into arrangements with respect to the co-operative exercise of the respective functions of the Ombudsman and the Tribunal (including providing for the referral of matters between them).
The Tribunal has
(a) legislation (other than this Act or the procedural rules) enables the Tribunal to make decisions or exercise other functions, whether on application or of its own motion, of a kind specified by the legislation in respect of that matter, and
(b) the matter does not otherwise fall within the administrative review jurisdiction, appeal jurisdiction or enforcement jurisdiction of the Tribunal.
The general jurisdiction of the Tribunal includes (but is not limited to) functions conferred on the Tribunal by enabling legislation to review or otherwise re-examine decisions of persons or bodies other than in connection with the exercise of the Tribunal’s administrative review jurisdiction.
The Tribunal also has the following jurisdiction in proceedings for the exercise of its general jurisdiction—
(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,
(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of such proceedings.
A
A
Nothing in this section permits general jurisdiction to be conferred on the Tribunal by a statutory rule unless the conferral of jurisdiction by such means is expressly authorised by another Act.
The Administrative Decisions
Review Act 1997 provides for the circumstances in which the Tribunal has
See section 9 of the Administrative Decisions Review Act 1997.
The Tribunal also has the following jurisdiction in proceedings for the exercise of its administrative review jurisdiction—
(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,
(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act, the Administrative Decisions Review Act 1997 or enabling legislation in connection with the conduct or resolution of such proceedings.
An
See section 7 of the Administrative Decisions Review Act 1997.
An
See section 8 of the Administrative Decisions Review Act 1997.
An
An
Chapter 3 (Process for administrative reviews under this Act) of the Administrative Decisions Review Act 1997 also makes provision for the role of administrators when making administratively reviewable decisions and the role of the Tribunal when conducting an administrative review of such decisions.
The Tribunal has
The Tribunal also has the following jurisdiction in proceedings for the exercise of its external appeal jurisdiction—
(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,
(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of such proceedings.
An
An
A provision of enabling legislation that provides for a decision of an external decision-maker to be appealed to the Tribunal extends to the following—
(a) a decision made by a person to whom the function of making the decision has been delegated,
(b) if the provision specifies the decision-maker by reference to the holding of a particular office or appointment—a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment,
(c) a decision made by any other person authorised to exercise the function of making the decision.
Nothing in this section permits external appeal jurisdiction to be conferred on the Tribunal by a statutory rule unless the conferral of jurisdiction by such means is expressly authorised by another Act.
The Tribunal has
(a) any decision made by the Tribunal in proceedings for a general decision or administrative review decision, and
(b) any decision made by a registrar of a kind that is declared by this Act or the procedural rules to be internally appealable for the purposes of this section.
The Tribunal also has the following jurisdiction in proceedings for the exercise of its internal appeal jurisdiction—
(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,
(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of such proceedings.
However, the internal appeal jurisdiction of the Tribunal does not extend to—
(a) any decision of an Appeal Panel, or
(b) any decision of the Tribunal in an external appeal, or
(c) any decision of the Tribunal in proceedings for the exercise of its enforcement jurisdiction, or
(d) any decision of the Tribunal in proceedings for the imposition of a civil penalty in exercise of its general jurisdiction.
The decisions above may be appealable to the Supreme Court and, in some cases in relation to civil penalty decisions made by the Tribunal (whether under this Act or enabling legislation), the District Court. See section 73 and Part 6.
An
An
Subject to the procedural rules, if a decision of a registrar is an internally appealable decision, the provisions of this Act relating to the making and determination of an internal appeal are taken to apply as if—
(a) any reference to the Tribunal at first instance (however expressed) included a reference to a registrar, and
(b) any requirement concerning the granting of leave to appeal against particular kinds of decisions of the Tribunal or on particular grounds extended to decisions of the same kind made by a registrar or grounds of the same kind.
The
(a) the functions of the Tribunal when dealing with an alleged or apparent contempt of the Tribunal, and
(b) the functions of the Tribunal when dealing with an application under section 77 for a contravention of a civil penalty provision of this Act.
The functions of the Tribunal relating to the imposition of civil penalties under legislation other than this Act fall within the general jurisdiction, and not the enforcement jurisdiction, of the Tribunal. The enforcement jurisdiction of the Tribunal extends only to proceedings for a civil penalty under this Act.
The Tribunal must observe the rules of evidence when exercising its enforcement jurisdiction. See section 38(3).
The Tribunal also has the following jurisdiction in proceedings for the exercise of its enforcement jurisdiction—
(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,
(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act in connection with the conduct or resolution of such proceedings.
The Supreme Court may—
(a) refuse to conduct a judicial review of an administratively reviewable decision if it is satisfied that, in all the circumstances, adequate provision is made for an internal review of the decision or an administrative review of the decision by the Tribunal under the Administrative Decisions Review Act 1997, or
(b) refuse to conduct a judicial review of a decision of an external decision-maker if it is satisfied that, in all the circumstances, adequate provision is made for the review of the decision by the Tribunal by way of an external appeal, or
(c) refuse to conduct a judicial review of a decision of the Tribunal if an internal appeal or an appeal to a court could be, or has been, lodged against the decision.
This section—
(a) permits, but does not require, the Supreme Court to refuse to conduct a judicial review of a decision on a ground referred to in subsection (1), and
(b) does not limit any power that the Supreme Court has, apart from this section, to refuse to conduct a judicial review of a decision.
In this section—
(a) the Administrative Decisions Review Act 1997, or
(b) any other Act instead of the Administrative Decisions Review Act 1997.
In this Part—
(a) the District Court,
(b) the Local Court.
A person with standing to make an original application or external appeal may, with the leave of an authorised court, make the application or appeal to the court instead of the Tribunal.
The authorised court may grant leave for the application or appeal to be made to the court only if it is satisfied that—
(a) the application or appeal was first made with the Tribunal, and
(b) the determination of the application or appeal by the Tribunal would involve an exercise of federal jurisdiction, and
(c) the Tribunal would otherwise have had original jurisdiction or external appellate jurisdiction enabling it to determine the application or appeal, and
(d) substituted proceedings on the application or appeal would be within the jurisdictional limit of the court.
An application for leave must be—
(a) filed with the authorised court along with—
(i) an application or appeal that has been completed in the form and manner required under this Act for the kind of application or appeal concerned, and
(ii) if the parties to the application or appeal have reached a settlement before leave is sought using a resolution process referred to in section 37—a copy of the terms of settlement, and
(b) accompanied by the applicable fee (if any) payable in the Tribunal for the application or appeal unless it has already been paid to the Tribunal.
If an appeal is made under this Act in relation to any matter in issue in the application or appeal—
(a) for an appeal lodged before the application for leave is made to an authorised court—the court cannot grant leave unless and until the appeal is determined, or
(b) for an appeal lodged on or after leave is granted by an authorised court—proceedings in the court concerning the application or appeal are stayed until the appeal made under this Act is determined.
An authorised court may remit an application or appeal to the Tribunal to determine the application or appeal if the court is satisfied that the Tribunal has jurisdiction to determine it. The court may do so instead of granting leave or after granting leave.
An authorised court that remits an application or appeal to the Tribunal may make such orders that it considers appropriate to facilitate the determination of the application or appeal by the Tribunal.
The Tribunal is to determine any application or appeal that is remitted to it in accordance with any orders made by the authorised court.
The following provisions apply if the authorised court is the District Court—
(a) the District Court may grant leave and then transfer the proceedings on the application or appeal to the Local Court in accordance with the provisions of Division 2 (Transfer of proceedings from higher to lower court) of Part 9 of the Civil Procedure Act 2005,
(b) if a transfer order is made under that Division, this Part applies to the proceedings as if the Local Court had granted leave for the application or appeal to be made to it instead of the Tribunal.
If an authorised court grants leave for an original application or external appeal to be made to it instead of the Tribunal—
(a) proceedings for the determination of the application or appeal (
substituted proceedings ) are taken to have been commenced in the authorised court on the day on which the application or appeal was first made to the Tribunal, and(b) the court may make such orders (including in relation to the Tribunal) as it considers appropriate to facilitate its determination of the application or appeal.
Subsection (1) applies despite any limitation period under the Limitation Act 1969 or any enabling legislation that applies to the application or appeal concerned provided it was first lodged with the Tribunal before the expiry of the period.
The authorised court has, and may exercise, all of the jurisdiction and functions in relation to the substituted proceedings that the Tribunal would have had if it could exercise federal jurisdiction, including jurisdiction and functions conferred or imposed on the Tribunal by or under this Act or enabling legislation.
Despite subsections (1)–(3), the following provisions apply in relation to substituted proceedings—
(a) the authorised court is to be constituted as provided by its relevant courts legislation instead of as provided by this Act or enabling legislation,
(b) a party to the substituted proceedings is not required to pay any fees in relation to the commencement of the proceedings in the authorised court other than the fees referred to in section 34B(3)(b) unless the authorised court determines that additional fees are payable under its relevant courts legislation because of a substantial alteration in the nature of the claims in the proceedings,
(c) the legislation applicable to appeals against decisions of the authorised court apply to decisions of the court in the substituted proceedings instead of Divisions 2 and 3 of Part 6,
(d) if the authorised court is the District Court—the practice and procedure applicable in the District Court under its relevant courts legislation (and any laws applicable in relation to contempt of court) apply to the substituted proceedings instead of Parts 4 and 5, any enabling legislation, the procedural rules and practice directions,
(e) if the authorised court is the Local Court—the practice and procedure applicable in the Local Court under its relevant courts legislation applies to the substituted proceedings instead of Part 4, any enabling legislation, the procedural rules and practice directions, except that—
(i) the rules of evidence are to be applied to the proceedings if they would have been required to be applied if the proceedings were before the Tribunal, but the Local Court may, if it decides that it is appropriate to do so in the circumstances, not apply the rules of evidence if they were not required to be applied by the Tribunal, and
(ii) a person who is not an Australian legal practitioner can, with the leave of the Local Court, represent a party to the proceedings, but only in the circumstances that the Tribunal would have been permitted to allow it if the proceedings were before the Tribunal, and
(iii) a person who could have been made a party to, or intervened in, the proceedings if the proceedings were before the Tribunal can, with the leave of the Local Court, also be made a party or intervene, and
(iv) the Local Court may award costs in the proceedings only in the circumstances that the Tribunal would have been permitted to award them (and the costs are to be assessed in the same way as they would have been) if the proceedings were before the Tribunal,
(f) the authorised court may make orders giving effect to any settlement reached by the parties even if that settlement was reached before the substituted proceedings commenced,
(g) the power of the authorised court to make orders as to costs in relation to the substituted proceedings includes a power to make orders with respect to—
(i) the application for, and the granting of, leave for the application or appeal to which the substituted proceedings relate to be made to the court, and
(ii) any step taken in the Tribunal before leave was granted,
(h) any other modifications (including to the provisions of this Act or other legislation) as may be prescribed by the regulations for substituted proceedings of the kind concerned.
The Minister is not to recommend the making of a regulation for the purposes of subsection (4)(h) unless the Minister certifies that—
(a) if the proposed amendments affect the exercise of jurisdiction or functions by the Tribunal—the President has agreed to the amendments, and
(b) if the proposed amendments affect the exercise of jurisdiction or functions by the District Court—the Chief Judge of the District Court has agreed to the amendments, and
(c) if the proposed amendments affect the exercise of jurisdiction or functions by the Local Court—the Chief Magistrate of the Local Court has agreed to the amendments.
To avoid doubt (but subject to the regulations)—
(a) any reference to the Tribunal in a provision of legislation that confers or imposes a function on the Tribunal is to be read as including a reference to an authorised court if the function is conferred or imposed on the court because of the operation of this section, and
(b) any reference to proceedings in the Tribunal in a provision of the kind referred to in paragraph (a) is to be read as including a reference to proceedings in the authorised court.
In this section—
(a) for the District Court—the District Court Act 1973 and the rules of court under that Act, and
(b) for the Local Court—the Local Court Act 2007 and the rules of court under that Act,
and includes the Civil Procedure Act 2005 and the regulations and uniform rules under that Act in their application to the Court concerned.
The provisions of this Part prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or other legislation.
See the Local Court Act 2007, section 33(1B), which provides that, despite section 34D(1) of this Act, to the extent of any inconsistency between section 33(1)(d) of the Local Court Act 2007 and section 34D(1) of this Act, section 33(1)(d) of the Local Court Act 2007 prevails.
To avoid doubt, subsection (1) applies despite anything in a Division Schedule for a Division of the Tribunal.
Each of the provisions of this Part is subject to enabling legislation and the procedural rules.
The Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the practice and procedure to be followed in connection with certain proceedings allocated to the Division for determination. The provisions of the Division Schedule prevail to the extent of any inconsistency with the provisions of this Part. See section 17(3).
Section 4(4) also provides that any provisions of this Act that are expressed to be subject to the procedural rules have effect subject to any exceptions, limitations or other restrictions specified by the procedural rules.
Enabling legislation may also make provision for matters relating to practice and procedure in relation to functions conferred on the Tribunal, including (for example) specifying periods within which applications or appeals under that legislation are to be made.
The
The Tribunal must seek to give effect to the guiding principle when it—
(a) exercises any power given to it by this Act or the procedural rules, or
(b) interprets any provision of this Act or the procedural rules.
Each of the following persons is under a duty to co-operate with the Tribunal to give effect to the guiding principle and, for that purpose, to participate in the processes of the Tribunal and to comply with directions and orders of the Tribunal—
(a) a party to proceedings in the Tribunal,
(b) an Australian legal practitioner or other person who is representing a party in proceedings in the Tribunal.
In addition, the practice and procedure of the Tribunal should be implemented so as to facilitate the resolution of the issues between the parties in such a way that the cost to the parties and the Tribunal is proportionate to the importance and complexity of the subject-matter of the proceedings.
However, nothing in this section requires or permits the Tribunal to exercise any functions that are conferred or imposed on it under enabling legislation in a manner that is inconsistent with the objects or principles for which that legislation provides in relation to the exercise of those functions.
The Tribunal may, where it considers it appropriate, use (or require parties to proceedings to use) any one or more resolution processes.
See section 59 for the power of the Tribunal to give effect to a settlement reached by the parties following the use of a resolution process.
A
The Tribunal may determine its own procedure in relation to any matter for which this Act or the procedural rules do not otherwise make provision.
The Tribunal is not bound by the rules of evidence and may inquire into and inform itself on any matter in such manner as it thinks fit, subject to the rules of natural justice.
Despite subsection (2)—
(a) the Tribunal must observe the rules of evidence in—
(i) proceedings in exercise of its enforcement jurisdiction, and
(ii) proceedings for the imposition by the Tribunal of a civil penalty in exercise of its general jurisdiction, and
(b) section 128 (Privilege in respect of self-incrimination in other proceedings) of the Evidence Act 1995 is taken to apply to evidence given in proceedings in the Tribunal even when the Tribunal is not required to apply the rules of evidence in those proceedings.
Section 67 also prevents the compulsory disclosure of certain documents in proceedings in the Tribunal that would, in proceedings before a court, be protected from disclosure by reason of a claim of privilege.
The Tribunal is to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.
The Tribunal is to take such measures as are reasonably practicable—
(a) to ensure that the parties to the proceedings before it understand the nature of the proceedings, and
(b) if requested to do so—to explain to the parties any aspect of the procedure of the Tribunal, or any decision or ruling made by the Tribunal, that relates to the proceedings, and
(c) to ensure that the parties have a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings.
The Tribunal—
(a) is to ensure, as far as practicable, that all relevant material is disclosed to the Tribunal so as to enable it to determine all of the relevant facts in issue in any proceedings, and
(b) may require evidence or argument to be presented orally or in writing, and
(c) in the case of a hearing—may require the presentation of the respective cases of the parties before it to be limited to the periods of time that it determines are reasonably necessary for the fair and adequate presentation of the cases.
For the purposes of this Act, an
An application or appeal to the Tribunal is to be made in the time and manner prescribed by enabling legislation or the procedural rules.
The Tribunal may, of its own motion or on application by any person, extend the period of time for the doing of anything under any legislation in respect of which the Tribunal has jurisdiction despite anything to the contrary under that legislation.
Such an application may be made even though the relevant period of time has expired.
The Tribunal may require a document to be served outside the State.
This section applies to the making or lodgment of any of the following (a
(a) a general application for the review or other re-examination of a decision made by an external decision-maker,
(b) an external appeal,
(c) an internal appeal.
See Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 for the effect of pending administrative review applications on administratively reviewable decisions and the making of orders staying or otherwise affecting such decisions.
A pending general application or appeal does not affect the operation of the decision to which the application or appeal relates, or prevent the taking of action to implement the decision, unless the Tribunal makes an order staying or otherwise affecting the operation of the decision.
The Tribunal may make such orders (whether with or without conditions) staying or otherwise affecting the operation of a decision to which a pending general application or appeal relates as it considers appropriate to secure the effectiveness of the determination of the application or appeal.
The Tribunal may order that a person be joined as a party to proceedings if the Tribunal considers that the person should be joined as a party.
The Tribunal may order that a person be removed as a party to proceedings if the Tribunal considers that the person has—
(a) been improperly or unnecessarily joined, or
(b) ceased to be a proper or necessary party.
For the avoidance of doubt, the member or members who constituted the Tribunal when it made an internally appealable decision cannot be made parties to an internal appeal against the decision.
The following persons may intervene and be heard in proceedings to which they are not already parties—
(a) the Attorney General,
(b) a Minister who administers the legislation that confers or imposes functions the exercise (or purported exercise) of which are in issue in the proceedings,
(c) any other person who is authorised by this Act, enabling legislation or the procedural rules to intervene in the proceedings.
A Minister may (from money otherwise lawfully available for the purpose) authorise the payment to a party to the proceedings in which the Minister or the Minister’s delegate intervenes such costs (if any) as the Minister considers were reasonably incurred by that party in relation to the proceedings as a result of that intervention.
A party to proceedings in the Tribunal—
(a) has the carriage of the party’s own case and is not entitled to be represented by any person, and
(b) may be represented by another person only if the Tribunal grants leave—
(i) for that person to represent the party, or
(ii) in the case of representation by an Australian legal practitioner—for a particular or any Australian legal practitioner to represent the party.
However, a party to an internal appeal (or in an application for leave to make an internal appeal) may be represented by a person without requiring the leave of an Appeal Panel if the party was entitled to be represented by such a person without the leave of Tribunal in the proceedings in which the decision under appeal was made.
(a) any functions conferred or imposed on the Tribunal by statutory rules made under legislation referred to in that subclause, and
(b) any functions conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of proceedings for the exercise of functions allocated by that subclause (including the making of ancillary and interlocutory decisions of the Tribunal).
However, the functions allocated to the Division do not include any functions of the Tribunal involving the exercise of its administrative review jurisdiction.
Functions that are not expressly allocated to this Division or another Division are allocated to the Administrative and Equal Opportunity Division. See clause 3(1) of Schedule 3.
If special constitution requirements for the exercise of a Division function are not specified by the following provisions, the Tribunal may be constituted in accordance with the general provisions of section 27 of this Act. The Tribunal may also be constituted in accordance with the general provisions of that section in connection with the exercise of Division functions for the purposes of making ancillary or interlocutory decisions of the Tribunal.
The Tribunal, when exercising its substantive Division functions, is to be constituted by 3 Division members as follows—
(a) 1 member who is an Australian lawyer,
(b) 1 member with a professional qualification,
(c) 1 member with a community based qualification.
Despite subclause (1), the Tribunal may be constituted by 1 or 2 Division members in exercising its substantive Division functions for the purposes of the following provisions of the Guardianship Act 1987—
(a) Division 4 (Assessment and review of guardianship orders) of Part 3,
(b) Division 2 (Review and revocation of financial management orders) of Part 3A,
(c) Division 3 (Review of appointment of manager) of Part 3A,
(d) section 36 (Who may give consent) in respect of giving consent to the carrying out of minor treatment or major treatment (but not special treatment or treatment in the course of a clinical trial),
(e) Part 5A (Reciprocal arrangements).
Despite subclause (1), the Tribunal may be constituted by 1 or 2 Division members when exercising its substantive Division functions for the purposes of determining an application under the Guardianship Act 1987, section 46A if—
(a) the application is made during the exercise of substantive Division functions for the purposes of a provision referred to in subclause (2)(a)–(c) in relation to the person who is the subject of the application, or
(b) the application is urgent.
For subclause (2A), an application is
Despite subclause (1), the Tribunal may be constituted by 1 or 2 Division members in exercising its substantive Division functions for the purposes of clause 10.
When the Tribunal is constituted by 2 members, each member must—
(a) be an Australian lawyer or have a qualification referred to in subclause (1)(b) or (c), and
(b) not have the same qualification (including that of an Australian lawyer) as the other member.
In this clause,
The Tribunal, when exercising its Division functions in relation to persons who have disabilities, is under a duty to observe the principles referred to in the Guardianship Act 1987, section 4.
Section 4 of the Guardianship Act 1987 sets out principles that everyone must observe when exercising functions under that Act with respect to persons with disabilities.
The provisions of this clause are in addition to, and do not limit, the provisions of section 36(5) of this Act.
Despite section 50 of this Act, the Tribunal is required to hold a hearing in proceedings that involve the exercise of a substantive Division function.
However, the Tribunal may dispense with a hearing for the purposes of making an ancillary or interlocutory decision of the Tribunal.
The Tribunal may dispense with a requirement to serve notice of a hearing under the Guardianship Act 1987, section 10 or 25I if the Tribunal considers compliance with the requirement would be likely to cause a real, material and imminent risk of harm to the person who is the subject of the application to which the hearing relates.
The Tribunal may make an order under section 44(1) of this Act joining a person as a party to proceedings for the exercise of a Division function if, in the opinion of the Tribunal, the person should be a party to the proceedings (whether because of the person’s concern for the welfare of the person the subject of the proceedings or for any other reason).
If the Tribunal joins a person as a party to any such proceedings, the Tribunal must, as soon as practicable, notify the applicant (if any) for the proceedings accordingly.
This clause does not limit section 35 (Who are interested persons and parties in relation to applications) of the Powers of Attorney Act 2003 in its application to the Tribunal.
Despite clause 4, a registrar may, at the direction of the President, exercise any Division function of the Tribunal in respect of—
(a) refusing under section 25A of the Guardianship Act 1987 a request to review a guardianship order, or
(b) refusing under section 25O of the Guardianship Act 1987 a request to review a financial management order on an application under section 25R, or
(c) refusing under section 25T of the Guardianship Act 1987 a request to review the Tribunal’s appointment of the manager of a protected person’s estate, or
(d) recognising under section 48B of the Guardianship Act 1987 a person’s status as the guardian of another person or as the manager of the estate of another person.
The President may direct a registrar to refer the exercise of such a function in a particular matter to the Tribunal. The registrar must comply with such a direction.
A registrar may refer a particular matter to the Tribunal if the registrar considers it would be more appropriate for the Tribunal to deal with the matter.
A decision of a registrar under subclause (1) is declared to be an appealable decision for the purposes of section 32 of this Act.
A decision of a registrar under subclause (1) is an internally appealable decision for the purposes of this Act.
Despite section 45 of this Act, a party to proceedings for the exercise of a Division function for the purposes of section 175 of the Children and Young Persons (Care and Protection) Act 1998 is entitled to be represented by an Australian legal practitioner without requiring the leave of the Tribunal.
The leave of the Tribunal will, however, be required under section 45 of this Act in other cases.
An application to the Tribunal for the exercise of a substantive Division function cannot be withdrawn except with the consent of the Tribunal.
Subject to subclause (2), the Tribunal (however constituted) must give each party to proceedings for the exercise of a Division function a written statement of reasons for any decision it makes in the proceedings.
The Tribunal is not required to provide a written statement of reasons for any of the following kinds of decisions unless requested to do so by a party under section 62 of this Act—
(a) a decision for the purposes of section 36 (Who may give consent) of the Guardianship Act 1987 in respect of giving consent to the carrying out of minor treatment,
(b) a decision for the purposes of Part 5A (Reciprocal arrangements) of the Guardianship Act 1987,
(c) an ancillary or interlocutory decision of the Tribunal made in the proceedings.
A statement of reasons for the purposes of this clause must set out the matters referred to in section 62(3) of this Act.
A requirement under this clause to provide a statement of reasons applies even if the Tribunal has not been (or cannot be) requested under section 62 of this Act to provide a statement of reasons.
A party to proceedings in which a Division decision that is an internally appealable decision is made (an
(a) an internal appeal to an Appeal Panel in accordance with Division 2 of Part 6 of this Act, or
(b) an appeal to the Supreme Court in accordance with this Part.
However, a decision of a registrar made under clause 8(1) may only be appealed as an internal appeal to an Appeal Panel in accordance with Division 2 of Part 6 of this Act.
An internal appeal precludes an appeal to the Supreme Court against the same decision unless the internal appeal is withdrawn with the approval of an Appeal Panel for the purpose of enabling an appeal to the Supreme Court against the decision.
An appeal to the Supreme Court precludes an internal appeal against the same decision unless the appeal to the Supreme Court is withdrawn with the approval of the Court for the purpose of enabling an internal appeal against the decision.
Except as provided by subclause (2), an Appeal Panel determining an internal appeal against an appealable Division decision is to be constituted by 3 members (whether or not Division members) as follows—
(a) 1 member who is an Australian lawyer of at least 7 years’ standing,
(b) 1 other member who is an Australian lawyer,
(c) 1 senior or general member who is not an Australian lawyer.
An Appeal Panel may be constituted by 1 member when making an ancillary or interlocutory decision of the Tribunal in an internal appeal against an appealable Division decision.
Nothing in subclause (2) prevents an Appeal Panel from being constituted as provided by subclause (1) when making an ancillary or interlocutory decision of the Tribunal in an internal appeal against an appealable Division decision.
A party to proceedings in which an appealable Division decision is made may appeal to the Supreme Court against the decision—
(a) in the case of an interlocutory decision of the Tribunal—with the leave of the Court, or
(b) in the case of any other kind of decision—as of right on any question of law, or with the leave of the Court, on any other grounds.
See also section 84 (Practice and procedure for appeals to courts under this Act).
An appeal under this Part is to be instituted—
(a) in the case of an ancillary or interlocutory decision of the Tribunal—within the period ending 28 days after the relevant decision has been made, or
(b) in any other case—within the period ending 28 days after the day on which the written statement of reasons for the decision is given to the person seeking to appeal, or
(c) within such further time as the Supreme Court may, in any case, allow.
The Supreme Court in an appeal under this Part may—
(a) decide to deal with the appeal by way of a new hearing if it considers that the grounds for the appeal warrant a new hearing, and
(b) permit such fresh evidence, or evidence in addition to or in substitution for the evidence received by the Tribunal at first instance, to be given in the new hearing as it considers appropriate in the circumstances.
In determining an appeal, the Supreme Court may make such orders as it considers appropriate in light of its decision on the appeal, including (but not limited to) orders that provide for any one or more of the following—
(a) the decision under appeal to be confirmed, affirmed or varied,
(b) the decision under appeal to be quashed or set aside,
(c) the decision under appeal to be quashed or set aside and for another decision to be substituted for it,
(d) the whole or any part of the case to be reconsidered by the Tribunal at first instance, either with or without further evidence, in accordance with the directions of the Supreme Court.
Subject to any interlocutory order made by the Supreme Court, an appeal to the Supreme Court operates to stay the decision under appeal.
(Sections 25(2) and 90(2)(a))
The time and manner for making applications or lodging appeals.
The parties to proceedings in the Tribunal (including the joinder, misjoinder and non-joinder of parties and rights of intervention of third parties such as Ministers in proceedings).
The representation of parties by Australian legal practitioners or other persons (including when leave should be refused or granted for a person to represent a party and the circumstances when the Tribunal may appoint a person to represent a party).
The selection, use and functions of friends of the Tribunal with respect to the presentation of cases before the Tribunal.
The circumstances in which proceedings may be heard ex parte or in which a default decision of the Tribunal may be obtained.
The rights and obligations of parties, prospective parties and other persons to obtain access to information, documents or things in relation to proceedings or prospective proceedings in the Tribunal.
The service, giving or lodgment of notices and other documents, including for the purposes of the Administrative Decisions Review Act 1997.
The splitting and consolidation of proceedings in the Tribunal.
The admission and exclusion of evidence and the manner in which evidence is to be tendered.
The transcribing or other recording of proceedings in the Tribunal.
The appointment, use and functions of assessors in connection with proceedings in the Tribunal.
The review by the Tribunal of decisions made by registrars (including by way of internal appeals).
The means for, and the practice and procedure to be followed in, the enforcement and execution of decisions of the Tribunal.
The means for, and the practice and procedure to be followed in, securing the future conduct of parties to proceedings in the Tribunal.
The circumstances in which the Tribunal may vary or set aside its orders and other decisions.
The means for proving particular facts, and the mode in which evidence may be given (including the administration of oaths or affirmations to and the taking of the evidence of witnesses in or out of New South Wales), in relation to proceedings in the Tribunal.
The use of expert evidence, including—
(a) the disclosure (by the furnishing of copies of reports or otherwise) of the nature of expert evidence to be given, and including the exclusion of expert evidence in cases of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, and
(b) the use of expert witnesses including, in particular, the use of expert witnesses engaged jointly by parties to proceedings and the use of Tribunal-appointed expert witnesses.
The cases in which security may be required, and the form of such security, and the manner in which, and the person to whom, it is to be given.
The means for notifying the parties to proceedings of decisions of, or other action taken by, the Tribunal in the proceedings.
The costs in proceedings in the Tribunal (but not including any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014)).
The determination of the seniority of members in connection with the exercise of the functions of the Tribunal in proceedings.
The circumstances for the use of resolution processes in proceedings.
The specification of exceptions, limitations or other restrictions in relation to a provision of this Act that is expressed to be subject to the procedural rules.
Civil and Administrative Tribunal Act 2013 No 2. Assented to 4.3.2013. Date of commencement, assent, sec 2. This Act has been amended as follows—
No 94 | Civil and Administrative Tribunal Amendment Act 2013. Assented to 20.11.2013. Date of commencement of Sch 1, assent, sec 2. | |
No 29 | Advocate for Children and Young People Act 2014. Assented to 24.6.2014. Date of commencement, 9.1.2015, sec 2 and 2014 (713) LW 14.11.2014. | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 12 | Fair Trading Legislation (Repeal and Amendment) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 1.10.2015, sec 2 (2) and 2015 (442) LW 31.7.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.5, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 49 | Occupational Licensing National Law Repeal Act 2015. Assented to 5.11.2015. Date of commencement, 11.5.2016, sec 2 and Victoria Government Gazette No S 139 of 10.5.2016. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 40 | Security Industry Amendment (Private Investigators) Act 2016 Date of commencement of Sch 3.1, 1.7.2022, sec 2 and 2022 (326) LW 1.7.2022. The amendment made by Sch 3.1 was without effect as the provision being amended was amended by the Fair Trading Amendment (Commercial Agents) Act 2016. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 52 | Fair Trading Amendment (Commercial Agents) Act 2016 Date of commencement of Sch 2.1, 1.7.2022, sec 2 and 2022 (324) LW 1.7.2022. | |
No 2 | Retail Leases Amendment (Review) Act 2017. Assented to 1.3.2017. Date of commencement, 1.7.2017, sec 2 and 2017 (140) LW 13.4.2017. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4.11, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 28 | Home Building Amendment (Compensation Reform) Act 2017. Assented to 27.6.2017. Date of commencement of Sch 2.1, 30.6.2017, sec 2 and 2017 (296) LW 30.6.2017. | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.2 [1] and [4]–[6], assent, sec 2 (1); date of commencement of Sch 1.2 [2] and [3], 1.12.2017, sec 2 (2) and 2017 (667) LW 1.12.2017. | |
No 69 | Building Products (Safety) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.2, 18.12.2017, sec 2 (1) and 2017 (715) LW 15.12.2017. | |
No 4 | Justice Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.2, assent, sec 2 (1). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. |
No 34 | Victims Rights and Support Amendment (Statutory Review) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.2, 14.1.2019, sec 2 and 2018 (738) LW 14.12.2018. | |
No 44 | Paintball Act 2018. Assented to 21.8.2018. Date of commencement, 1.7.2019, sec 2 and 2019 (274) LW 28.6.2019. | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4 March 2020. | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 1.7.2020, sec 2. | |
No 82 | National Disability Insurance Scheme (Worker Checks) Act 2018. Assented to 28.11.2018. Date of commencement, assent, sec 2. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.6, 1.12.2018, sec 2 (3). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 7 | Design and Building Practitioners Act 2020. Assented to 10.6.2020. Date of commencement of Sch 2.1, assent, sec 2(1). | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.7[1], assent, sec 2(1); date of commencement of Sch 1.7[2], 26.3.2021, sec 2(2). | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 45 | Stronger Communities Legislation Amendment (Children) Act 2021. Assented to 8.12.2021. Date of commencement of Sch 6, assent, sec 2(1). | |
No 10 | Tattoo Parlours Amendment (Statutory Review) Act 2022. Assented to 13.4.2022. Date of commencement of Sch 2.1, 1.9.2023, sec 2 and 2023 (494) LW 30.8.2023. | |
No 25 | Motor Accidents and Workers Compensation Legislation Amendment Act 2022. Assented to 16.6.2022. Date of commencement of Sch 3, assent, sec 2(1). | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 22 | Civil and Administrative Tribunal Amendment Act 2023. Assented to 20.9.2023. Date of commencement, assent, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. | |
No 19 | Conversion Practices Ban Act 2024. Assented to 3.4.2024. Date of commencement, 12 months after assent (i.e. 4.4.2025), sec 2. | |
No 47 | Local Court Amendment (Jurisdiction) Act 2025. Assented to 15.8.2025. Date of commencement, assent, sec 2. | |
No 56 | Child Protection (Working with Children) and Other Legislation Amendment Act 2025. Assented to 23.9.2025. Date of commencement of Sch 3, assent, sec 2(b). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Subst 2013 No 94, Sch 1 [2]. |
Sec 4 | Am 2013 No 94, Sch 1 [3]–[7]; 2016 No 48, Sch 2.5 [1]; 2017 No 44, Sch 1.2 [1]; 2021 No 45, Sch 6[1]; 2023 No 41, Sch 2.5[1]. |
Secs 5, 6 | Subst 2013 No 94, Sch 1 [8]. |
Sec 8 | Am 2013 No 94, Sch 1 [9]. |
Sec 11 | Am 2013 No 94, Sch 1 [10] [11]. |
Sec 15 | Am 2016 No 48, Sch 2.5 [2]; 2023 No 41, Sch 2.5[2]. |
Sec 16 | Am 2013 No 94, Sch 1 [12]–[14]. |
Sec 17 | Am 2013 No 94, Sch 1 [15] [16]; 2016 No 27, Sch 2.7; 2017 No 44, Sch 1.2 [2]; 2023 No 22, Sch 1[1]. |
Sec 19 | Am 2013 No 94, Sch 1 [17]. |
Sec 20 | Am 2013 No 94, Sch 1 [18]. |
Part 2, Div 4, heading | Subst 2013 No 94, Sch 1 [19]. |
Sec 22 | Am 2013 No 94, Sch 1 [20] [21]. |
Sec 23 | Subst 2013 No 94, Sch 1 [22]. |
Part 2, Div 5 | Subst 2013 No 94, Sch 1 [23]. |
Secs 24–26 | Subst 2013 No 94, Sch 1 [23]. |
Part 2, Div 6 | Subst 2013 No 94, Sch 1 [24]. |
Sec 27 | Rep 2013 No 94, Sch 1 [23]. Ins 2013 No 94, Sch 1 [24]. Am 2023 No 22, Sch 1[2]. |
Part 3 | Subst 2013 No 94, Sch 1 [25]. |
Sec 28 | Rep 2013 No 94, Sch 1 [24]. Ins 2013 No 94, Sch 1 [25]. |
Secs 29–34 | Subst 2013 No 94, Sch 1 [25]. |
Part 3A | Ins 2017 No 44, Sch 1.2 [3]. |
Part 3A, heading | Ins 2017 No 44, Sch 1.2 [3]. Am 2018 No 87, Sch 1.6 [1]. |
Sec 34A | Ins 2017 No 44, Sch 1.2 [3]. Am 2018 No 87, Sch 1.6 [2]. |
Sec 34B | Ins 2017 No 44, Sch 1.2 [3]. Am 2018 No 87, Sch 1.6 [3]. |
Sec 34C | Ins 2017 No 44, Sch 1.2 [3]. Am 2018 No 87, Sch 1.6 [4]. |
Sec 34D | Ins 2017 No 44, Sch 1.2 [3]. Am 2025 No 47, Sch 2. |
Part 4 | Ins 2013 No 94, Sch 1 [25]. |
Part 4, Div 1 | Ins 2013 No 94, Sch 1 [25]. |
Sec 35 | Subst 2013 No 94, Sch 1 [25]. |
Sec 36 | Rep 1987 No 15, sec 30C. Ins 2013 No 94, Sch 1 [25]. |
Sec 37 | Ins 2013 No 94, Sch 1 [25]. |
Sec 38 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[3]. |
Part 4, Div 2 (secs 39–43) | Ins 2013 No 94, Sch 1 [25]. |
Part 4, Div 3 | Ins 2013 No 94, Sch 1 [25]. |
Sec 44 | Ins 2013 No 94, Sch 1 [25]. |
Sec 45 | Ins 2013 No 94, Sch 1 [25]. Am 2015 No 2, Sch 1.2 [1] [2]; 2018 No 4, Sch 1.2 [1]–[4]; 2021 No 45, Sch 6[2]. |
Secs 46–48 | Ins 2013 No 94, Sch 1 [25]. |
Part 4, Div 4 | Ins 2013 No 94, Sch 1 [25]. |
Sec 49 | Ins 2013 No 94, Sch 1 [25]. |
Sec 50 | Ins 2013 No 94, Sch 1 [25]. |
Sec 51 | Ins 2013 No 94, Sch 1 [25]. |
Sec 52 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[4]–[6]. |
Sec 53 | Ins 2013 No 94, Sch 1 [25]. |
Sec 54 | Ins 2013 No 94, Sch 1 [25]. |
Sec 55 | Ins 2013 No 94, Sch 1 [25]. |
Part 4, Div 5 | Ins 2013 No 94, Sch 1 [25]. |
Secs 56–59 | Ins 2013 No 94, Sch 1 [25]. |
Sec 60 | Ins 2013 No 94, Sch 1 [25]. Am 2015 No 7, Sch 2.1 [1]. |
Sec 61 | Ins 2013 No 94, Sch 1 [25]. |
Sec 62 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[7]. |
Sec 63 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[8]. |
Part 4, Div 6 | Ins 2013 No 94, Sch 1 [25]. |
Sec 64 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[9]. |
Sec 65 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[10] [11]. |
Sec 66 | Ins 2013 No 94, Sch 1 [25]. Am 2015 No 15, Sch 3.10 [1]; 2023 No 35, Sch 4.6. |
Secs 67–70 | Ins 2013 No 94, Sch 1 [25]. |
Part 5 | Ins 2013 No 94, Sch 1 [25]. |
Sec 71 | Ins 2013 No 94, Sch 1 [25]. |
Sec 72 | Ins 2013 No 94, Sch 1 [25]. Am 2024 No 19, Sch 3.1[1]. |
Sec 73 | Ins 2013 No 94, Sch 1 [25]. Am 2023 No 22, Sch 1[12]. |
Sec 74 | Ins 2013 No 94, Sch 1 [25]. |
Sec 75 | Ins 2013 No 94, Sch 1 [25]. |
Sec 76 | Ins 2013 No 94, Sch 1 [25]. |
Sec 77 | Ins 2013 No 94, Sch 1 [25]. |
Sec 78 | Ins 2013 No 94, Sch 1 [25]. |
Part 6 | Ins 2013 No 94, Sch 1 [25]. |
Part 6, Div 1 (sec 79) | Ins 2013 No 94, Sch 1 [25]. |
Part 6, Div 2 | Ins 2013 No 94, Sch 1 [25]. |
Sec 80 | Ins 2013 No 94, Sch 1 [25]. |
Sec 81 | Ins 2013 No 94, Sch 1 [25]. Am 2017 No 44, Sch 1.2 [4] [5]. |
Part 6, Div 3 | Ins 2013 No 94, Sch 1 [25]. |
Sec 82 | Ins 2013 No 94, Sch 1 [25]. Am 2016 No 48, Sch 2.5 [3]; 2023 No 41, Sch 2.5[3]. |
Secs 83, 84 | Ins 2013 No 94, Sch 1 [25]. |
Part 7 | Ins 2013 No 94, Sch 1 [25]. |
Secs 85–88 | Ins 2013 No 94, Sch 1 [25]. |
Sec 89 | Ins 2013 No 94, Sch 1 [25]. Am 2015 No 7, Sch 2.1 [2]. |
Sec 90 | Ins 2013 No 94, Sch 1 [25]. Am 2015 No 2, Sch 1.2 [3]. |
Secs 91, 92 | Ins 2013 No 94, Sch 1 [25]. |
Sch 1 | Am 2013 No 94, Sch 1 [26]–[37]; 2015 No 2, Sch 1.2 [4]; 2015 No 7, Sch 2.1 [3]; 2020 No 1, Sch 2.3; 2021 No 4, Sch 1.7[1] [2]; 2021 No 45, Sch 6[3]; 2023 No 7, Sch 2.10[1] [2]. |
Sch 2 | Am 2013 No 94, Sch 1 [38]; 2015 No 15, Sch 3.10 [2]. |
Sch 3 | Subst 2013 No 94, Sch 1 [39]. Am 2014 No 29, Sch 4.1 [1] [2]; 2015 No 15, Sch 3.10 [1]; 2015 No 24, Sch 8.5; 2017 No 17, Sch 4.11 [1] [2]; 2017 No 69, Sch 2.2 [1] [2]; 2018 No 4, Sch 1.2 [5]; 2018 No 34, Sch 3.2; 2018 No 44, Sch 2.1; 2018 No 82, Sch 2.2 [1]–[4]; 2023 No 22, Sch 1[13]; 2024 No 19, Sch 3.1[2]–[5]; 2025 No 56, Sch 3[1]–[5]. |
Sch 4 | Subst 2013 No 94, Sch 1 [40]. Am 2015 No 12, Sch 2.1; 2016 No 27, Sch 2.7; 2015 No 50, Sch 4.2; 2017 No 2, Sch 2.1; 2017 No 28, Sch 2.1; 2018 No 5, Sch 2.2; 2018 No 79, Sch 3.3; 2021 No 6, Sch 5.1; 2021 No 7, Sch 4.1. |
Sch 5 | Subst 2013 No 94, Sch 1 [41]. Am 2015 No 2, Sch 1.2 [5]–[7]; 2015 No 7, Sch 2.1 [4]–[20]; 2015 No 48, Sch 1.2; 2015 No 49, sec 10; 2016 No 52, Sch 2.1; 2018 No 5, Sch 2.2; 2018 No 63, Sch 3.2[1]–[3]; 2018 No 87, Sch 1.6 [5]; 2020 No 7, Sch 2.1[1]–[3]; 2022 No 10, Sch 2.1; 2022 No 25, Sch 3.1; 2023 No 22, Sch 1[14]–[19]. |
Sch 6 | Subst 2013 No 94, Sch 1 [42]. Am 2015 No 2, Sch 1.2 [8]; 2017 No 44, Sch 1.2 [6]; 2018 No 4, Sch 1.2 [6]; 2023 No 22, Sch 1[20]–[23]. |
Sch 7 | Subst 2013 No 94, Sch 1 [43]. Am 2015 No 7, Sch 2.1 [21]. |
The whole Act | Am 2013 No 94, Sch 1 [1] (all bracketed notes omitted wherever occurring in sec headings that draw attention (“cf”) to provisions of other Acts). |
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