Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--OBJECTS AND IMPORTANT CONCEPTS

   6.      Objects of Act  
   7.      Tribunal principles  
   7A.     Duties of parties, authorised representatives and others  
   8.      Rules of evidence  

   PART 3--APPLICATIONS TO TRIBUNAL

   9.      Applications under authorising laws  
   10.     Making an application  
   11.     Applications subject to authorising laws  
   12.     When no action taken to be decision  

   PART 4--CIVIL DISPUTES

   15.     Definitions—pt 4  
   16.     Meaning of civil dispute and civil dispute  
   17.     Civil dispute applications  
   18.     $25 000 limit on civil dispute applications  
   19.     Working out amount of application for jurisdiction  
   20.     Abandoning excess to come within jurisdiction  
   21.     Jurisdiction by agreement—amounts over $25 000  
   22.     Tribunal jurisdiction and powers of Magistrates Court  

   PART 4A--ADMINISTRATIVE REVIEW

           Division 4A--.1 Definitions—pt 4A

   22A.    Definitions—pt 4A  

           Division 4A--.2 Reasons statements

   22B.    Requirement to give reasons statements  
   22C.    Reasons statement—declaration by tribunal  
   22D.    Reasons statement declared insufficient  
   22E.    Certain material not required to be disclosed  
   22F.    Certain reasons statements—application of divs 4A.3  

           Division 4A--.3 Tribunal hearings—non-disclosure

   22G.    Meaning of prescribed reason—div 4A.3  
   22H.    Public interest rules excluded from div 4A.3  
   22I.    Non-disclosure certificates  
   22J.    Dealing with non-disclosable matters—tribunal  
   22K.    Non-disclosure certificate without prescribed reason  
   22L.    Certifying authority may intervene  
   22M.    Appearance etc of certifying authority  

           Division 4A--.4 Non-disclosure—Supreme Court proceedings

   22N.    Dealing with non-disclosable matters—Supreme Court  
   22O.    Non-disclosure certificate without prescribed reason—Supreme Court  

           Division 4A--.5 Miscellaneous

   22P.    Time for deciding land, planning and environment applications  
   22Q.    People whose interests are affected  
   22R.    Questions of law  
   22S.    People who make certain decisions  
   22T.    Legal and financial assistance for certain people  

   PART 5--TRIBUNAL PROCEDURES

           Division 5.1--Procedures generally

   23.     Tribunal decides own procedure  
   24.     Rule-making power  
   25.     Subject matter of rules  
   26.      Tribunal may inform itself  
   27.     Procedures in authorising laws  
   28.     Time and place of proceedings  

           Division 5.2--Parties

   29.     Parties to applications  
   30.     Representation  

           Division 5.3--Case management

   31.     Early resolution of applications  
   32.     Dismissing or striking out applications  
   33.     Preliminary conferences  
   34.     Admissibility of evidence given at preliminary conference  
   35.     Mediation for applications  

           Division 5.4--Hearings

   36.     Applications to be heard  
   37.     Notice of hearing  
   38.     Hearings usually in public  
   39.     Hearings in private or partly in private  
   40.     Secrecy for private hearings etc  
   41.     Powers in relation to witnesses etc  
   41A.    Protection of lawyers etc and witnesses  
   42.     Arrest if people fail to appear  
   43.     Executing a warrant  
   45.     Taking part other than in person  

           Division 5.5--Other matters

   46.     Lodging documents  
   47.     Amending documents  
   47A.    Procedure in absence of party  
   48.     Costs of proceedings  
   48A.    Costs of proceedings relating to review of decisions under Freedom of Information Act  
   49.     Costs for contravening an order  
   50.     Disclosure of material interests by tribunal members  
   51.     Reporting of disclosed tribunal member interests to Minister  

   PART 6--POWERS AND DECISIONS OF TRIBUNAL

           Division 6.1--Powers and decisions generally

   52.     Decisions by majority or presiding member  
   53.     Interim orders  
   54.     Decisions without hearing  
   55.     Powers of tribunal if parties reach agreement  
   55A.    Conciliated agreement orders  
   55B.    Consumer complaints—orders giving effect to conciliation  
   56.     Other actions by tribunal  
   57.     Powers and decisions in authorising laws  
   58.     No limitation on other functions of tribunal  
   59.     Tribunal to record details of order and give copy to parties  
   60.     Statement of reasons  
   61.     Making and effect of orders  
   62.     Reserving decisions  
   63.     Correction of errors  

           Division 6.2--Powers and decisions in applications for occupational discipline

   64.     Definitions—div 6.2  
   65.     Considerations before making orders on application for occupational  
   66.     Orders for occupational discipline  
   67.     Kinds of directions for licensed and registered people  

           Division 6.3--Powers and decisions in applications for administrative review

   67A.    Reviewable decision notice  
   67B.    Internal review notice  
   68.     Review of decisions  
   69.     Effect of orders for administrative review  

   PART 7--ENFORCEMENT AND OFFENCES

   69A.    Meaning of appropriate court—pt 7  
   70.     Application of Criminal Code, ch 7  
   71.     Enforcement of orders  
   72.     Faulty filed orders referred back to tribunal  
   73.     Fixed faulty orders  
   74.     Failure to comply with order  
   75.     Nonpayment of amounts ordered to be paid  
   76.     Suspension or cancellation on warning notice  

   PART 8--REFERRALS AND APPEALS

           Division 8.1--Tribunal referrals and appeals

   77.     Referral of questions of law within tribunal  
   78.     Correction requests  
   79.     Appeals within tribunal  
   80.     Dismissing appeals  
   81.     Constitution of appeal tribunal  
   82.     Appeal tribunal—general powers  

           Division 8.1A--Removal of combined fair work matter

   82A.    Removal from tribunal to Magistrates Court—combined fair work  

           Division 8.2--Supreme Court referrals and appeals

   83.     Removal of applications from tribunal to Supreme Court  
   84.     Referral of questions of law to Supreme Court  
   85.     Tribunal may not deal with appeals more suited to Supreme Court  
   86.     Appeals to Supreme Court  
   87.     Sending documents and things to Supreme Court  

   PART 9--THE ACT CIVIL AND ADMINISTRATIVE TRIBUNAL

           Division 9.1--Establishment and constitution

   88.     Establishment of tribunal  
   89.     Constitution of tribunal for applications  
   90.     Considerations before allocating tribunal members to application  
   91.     President to nominate presiding member  
   92.     Tribunal member for an application not available  
   93.     Constitution of tribunal to exercise other functions  

           Division 9.2--Tribunal members

   94.     Appointment of presidential members  
   95.     Requirements of appointment—presidential members  
   96.     Appointment of non-presidential members  
   97.     Appointment of assessors  
   98.     Term of appointment  
   99.     Ending appointments  
   100.    Conditions of appointment generally  
   102.    Retirement  
   103.    Presidential members not to do other work  
   104.    Functions of presidential members generally  
   105.    Functions of president  
   105A.   Advising Attorney-General about systemic problems  
   107.    Functions of non-presidential members  
   108.    Functions of assessors  
   109.    Undertaking before exercising tribunal member functions  

           Division 9.3--Registrar

   110.    Appointment of registrar  
   111.    Functions of registrar—non-presidential functions  
   112.    Functions of registrar—other  
   113.    Delegation of functions of registrar  
   114.    Deputy registrars  

   PART 9A--ACAT TRUST ACCOUNT

   115A.   Definitions—pt 9A  
   115B.   ACAT trust account  
   115C.   Use of trust amounts  
   115D.   Territory entities to pay amounts to ACAT trust account  

   PART 10--MISCELLANEOUS

   116.    Protection of members etc from liability  
   117.    Approved forms  
   118.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES