Northern Territory Civil And Administrative Tribunal Regulations 2014 (NT)

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL REGULATIONS 2014

As in force at 30 June 2022

Table of provisions NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 30 June 2022

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL REGULATIONS 2014

Regulations under the Northern Territory Civil and Administrative Tribunal Act 2014

1Citation

These Regulations may be cited as the Northern Territory Civil and Administrative Tribunal Regulations 2014.

2Fees

• (1)

  The fee payable in relation to a matter specified in the Schedule is the fee specified opposite the matter.

• (2)

  A fee specified in item 2 of the Schedule is payable by the applicant in a proceeding.

3Time for payment of fees

A fee, other than a fee specified in item 1 of the Schedule, is payable to the Tribunal on demand by the Tribunal.

Note for regulation 3

A fee specified in item 1 of the Schedule must accompany the application to which it relates – see section 94(2) of the Act.

4Territory exempt from payment of fees

• (1)

  Despite regulation 2, a person acting in a proceeding for or by the authority of the Territory is, for that proceeding, exempt from payment of fees.

• (2)

  However, the Tribunal may, under a costs order, require that an amount equal to any fees that would, but for subregulation (1), have been payable, be paid to the person and on receipt of that amount the person must pay the amount to the Tribunal.

5Registrar may waive fees

If, in a particular case, the Registrar considers that the payment of a fee would cause financial hardship to the person who must pay the fee, the Registrar may waive payment of the whole or part of the fee.

6Exclusion from review

For section 140(1A) of the Act, the following are excluded from review:

• (a)

  a decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law;

• (b)

  a recommendation of the Tribunal in relation to the acquisition of land under Part IV, Division 2 of the Lands Acquisition Act 1978;

• (c)

  any decision made by the Tribunal in the exercise of its original jurisdiction conferred by the Anti-Discrimination Act 1992.

7Transitional matters for

• (1)

  Despite the amendments made by regulation 4 of the Northern Territory Civil and Administrative Tribunal Amendment Regulations 2022, a decision of a kind referred to in regulation 6(c) is not excluded from review if the decision relates to a complaint:

  • (a)

    that was referred to the Tribunal under section 86(1) of the Anti-Discrimination Act 1992 before the commencement; or

  • (b)

    for which an application was made to the Tribunal under section 86(4) of the Anti-Discrimination Act 1992 before the commencement.

• (2)

  In this regulation:

  commencement means the commencement of regulation 4 of the Northern Territory Civil and Administrative Tribunal Amendment Regulations 2022.

  complaint, see section 4(1) of the Anti-Discrimination Act 1992.

   

ScheduleFees

regulations 2 and 3

PART 1

Matter		Fee (revenue units unless stated otherwise)
1	Applications for proceedings
1.1     Application under the Small Claims Act 2016 or Fences Act1972
(a) where the application includes a claim for a monetary amount that is less than $2 000:
(i) for an individual	87
(ii) for a body corporate	108
(b) where the application includes a claim for a monetary amount that is between $2 000 and $10 000:
(i) for an individual	174
(ii) for a body corporate	218
(c) where the application includes a claim for a monetary amount that is over $10 000:
(i) for an individual	348
(ii) for a body corporate	435
(d) where the application includes a claim for a monetary amount but the amount is not specified in the application:
(i) for an individual	348
(ii) for a body corporate	435
(e) where the application does not include a claim for a monetary amount:
(i) for an individual	174
(ii) for a body corporate	218
1.2     Application under the Residential Tenancies Act 1999 or Caravan Parks Act 2012
(a) where application includes a claim for a monetary amount that is less than $2 000:
(i) for an individual	57
(ii) for a body corporate	71
(b) where application includes a claim for a monetary amount that is between $2 000 and $10 000:
(i) for an individual	174
(ii) for a body corporate	218
(c) where the application includes a claim for a monetary amount that is more than $10 000:
(i) for an individual	348
(ii) for a body corporate	435
(d) where the application includes a claim for a monetary amount but the amount is not specified in the application:
(i) for an individual	348
(ii) for a body corporate	435
(e) where the application does not include a claim for a monetary amount:
(i) for an individual	57
(ii) for a body corporate	71
1.3     Application under the Anti-Discrimination Act1992	135
1.4     Application under the Health Practitioner Regulation (National Uniform Legislation) Act 2010 or Health Practitioners Act 2004	348
1.5     Application under the Victims of Crime Assistance Act 2006	135
1.6     Application under Guardianship of Adults Act 2016 or Advance Personal Planning Act 2013	nil
1.7     Application under Private Security Act 1995	174
1.8     Application under an Act specified in Part 2	305
1.9     Application under an Act specified in Part 3	348
1.10   Application for order under section 36 of the Act	nil
1.11   Application for review under section 140 of the Act	305
1.12   Application for any other proceeding	305
2	Hearings
2.1     Day 1 of hearing	nil
2.2     Days 2 – 4 of hearing	117 per day or part day
2.3     Days 5 – 9 of hearing	243 per day or part day
2.4     Any days of hearing more than 9 days	297 per day or part day
3	Other matters
3.1     Inspection of proceeding file under section 85 of the Act: (a) by a party to the proceeding (b) otherwise	nil 45 per file
3.2     Photocopying by Tribunal staff	$2 per page
3.3     Application for issue of summons under section 89(1) of the Act	20

PART 2

Administrators Pensions Act 1981

Births, Deaths and Marriages Registration Act 1996

Co-operatives (National Uniform Legislation) Act 2015

Darwin Waterfront Corporation Act 2006

Education Act 2015

Geothermal Energy Act 2009

Information Act 2002

Lands Acquisition Act 1978

Local Government Act 2019

Pastoral Land Act 1992

Petroleum Act 1984

Totalisator Licensing and Regulation Act 2000

Superannuation Act 1986

PART 3

Building Act 1993

Fisheries Act 1988

Gaming Control Act 1993

Gaming Machine Act 1995

Heritage Act 2011

Kava Management Act 1998

Liquor Act 2019

Marine Act 1981

Poppy Regulation Act 2014

Planning Act 1999

Racing and Betting Act 1983

Termination of Units Plans and Unit Title Schemes Act 2014

Tobacco Control Act 2002

Unit Titles Act 1975

  ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Northern Territory Civil and Administrative Tribunal Regulations (SL No. 37, 2014 )
Notified	19 November 2014
Commenced	19 November 2014
Justice Legislation Amendment Act 2015 (Act No. 14, 2015)
Assent date	22 May 2015
Commenced	pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53, 29 May 2015, p 1)
Northern Territory Civil and Administrative Tribunal Amendment Regulations (SL No. 39, 2016 )
Notified	22 August 2016
Commenced	22 August 2016
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date	6 November 2019
Commenced	pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019 (s 2)
Local Government Act 2019 (Act No. 39, 2019)
Assent date	13 December 2019
Commenced	pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date		19 November 2020
Commenced		20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date		25 May 2021
Commenced		26 May 2021 (s 2)
Northern Territory Civil and Administrative Tribunal Amendment Regulations 2021 (SL No. 13, 2021 )
Notified	18 August 2021
Commenced	18 August 2021 (r 2)
Northern Territory Civil and Administrative Tribunal Amendment Regulations 2022 (SL No. 7, 2022 )
Notified	6 July 2022
Commenced	30 June 2022 (r 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch.

• 4

  LIST OF AMENDMENTS

r 6 ins Act No. 14, 2015, s 63

sub No. 13, 2021, r 4

amd No. 7, 2022, r 4

r 7                     ins No. 7, 2022, r 5

sch                    sub No. 39, 2016, r 3

amd Act No. 33, 2019, s 50; Act No. 39, 2019, s 370