Civil and Administrative Tribunal Amendment (Fees) Regulation 2016 (NSW)

New South Wales

Civil and Administrative Tribunal

Amendment (Fees) Regulation 2016

under the

Civil and Administrative Tribunal Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Civil and Administrative Tribunal Act 2013.

GABRIELLE UPTON, MP

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase certain fees payable in connection with proceedings before the Civil and Administrative Tribunal (the Tribunal), and
(b)	to provide for a standard 75% discount for eligible pensioners for certain applications.

This Regulation is made under the Civil and Administrative Tribunal Act 2013, including section 90 (the general regulation-making power).

Civil and Administrative Tribunal Amendment (Fees) Regulation

2016

under the

Civil and Administrative Tribunal Act 2013

1      Name of Regulation

This Regulation is the Civil and Administrative Tribunal Amendment (Fees)
Regulation 2016.

2      Commencement

This Regulation commences 1 July 2016 and is required to be published on the NSW legislation website.

Schedule 1 Amendment of Civil and Administrative Tribunal
Regulation 2013

[1]      Clause 4 Definitions

Insert in alphabetical order:

external appeal application means an application made to the Tribunal for an
external appeal under Part 3 of the Act.
internal appeal application means an application made to the Tribunal for an
internal appeal under Part 3 of the Act.
set aside application means an application under clause 9 to set aside or vary
a decision of the Tribunal that determines proceedings.

[2]      Clause 5 Fees generally

Omit “$40” from clause 5 (4). Insert instead “$41”.

[3]      Clause 6 Circumstances where no fee or reduced fee is payable

Omit clause 6 (2). Insert instead:

(2) The fee payable by an eligible pensioner for the lodgment of any administrative review application, general application, internal appeal application, set aside application or external appeal application is set at a concession rate of 25% of the full fee. The concessional fee is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

[4]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 5)

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation

fee

1	Lodgment of a general application in residential	$48	$96
proceedings
2	Lodgment of a general application in strata proceedings,	$99	$198
unless otherwise prescribed by this Schedule
3	Lodgment of a general application in general consumer or commercial proceedings:

(a)	if the amount claimed or in dispute is not more	$48	$96
than $10,000 or if no amount is claimed or in dispute, or
(b)	if the amount claimed or in dispute is more than	$99	$198
$10,000 but not more than $30,000, or
(c)	if the amount claimed or in dispute is more than	$258	$516
$30,000

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation

fee

4	Lodgment of a general application for decision under	$98	$196
Retail Leases Act 1994
5	Lodgment of a general application or external appeal in other proceedings:

(a)	if it is an appeal required to be determined by an	$405	$810
Appeal Panel, or
(b)	if it is an application or appeal required to be	$206	$412
determined in a Division by 2 or more Division members, or
(c)	in any other case	$98	$196

6            Lodgment of an administrative review application:

(a) if the application is required to be determined by $206 —

2 or more members, or

(b) in any other case $98 —

7	Lodgment of an internal appeal	$405	$810
8	Lodgment of a set aside application	$99	$198
9	Issue of a summons (for production or to give evidence,	$44	—
or both)
10	Request for the production to Tribunal of documents	$51	—
held by court
11	Retrieval of any document or file from archives	$78	—
12	Provision of copy or certified copy of decision or written	$78	—
reasons
13	Lodgment of a general application under section 62 of the Community Land Management Act 1989 for an order under Division 3 or Division 4 of Part 4 of that Act for settlement of a dispute or complaint:

(a)	if the application includes an application for an	$167	$334
interim order under section 72 of that Act, or
(b)	if the application does not include an application	$83	$166
referred to in paragraph (a)

14	Lodgment of a general application under section 124 of	$83	$166
the Strata Schemes Management Act 1996 for order by an Adjudicator
15	Lodgment of a general application under section 124 of	$83	$166
the Strata Schemes Management Act 1996 requesting an interim order by an Adjudicator
Notes.

1       Clause 5 (4) of this Regulation provides that the principal registrar may charge a fee not exceeding $41 for any other service provided.

2       Clause 6 of this Regulation provides for circumstances in which no fee or a reduced fee may be payable.

3       Clause 6 (3) of this Regulation provides that a party to proceedings is entitled to one free copy of the decision or written reasons for a decision of the Tribunal.