Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 24

Rule-making power

    (1)     The tribunal may make rules in relation to the practice and procedure of the tribunal and the tribunal registry.

Note     The power to make rules for the tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the tribunal (see Legislation Act

, s 45).

    (2)     In making a rule, the tribunal must consider—

        (a)     the requirement to ensure that applications to the tribunal are resolved as quickly as is consistent with achieving justice; and

        (b)     the requirement for procedures of the tribunal to be as simple, quick, inexpensive and informal as is consistent with achieving justice; and

        (c)     rules dealing with similar matters under the Court Procedures Rules 2006

; and

        (d)     if the rule is a kind mentioned in section 25 (1) (e)—the desirability of being able to rely on the words in the Act.

    (3)     This section does not limit the power of the tribunal or a tribunal member to control proceedings.

    (4)     A rule is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (5)     The tribunal must provide the rule-making committee, under the Court Procedures Act 2004

, with a copy of a rule made by the tribunal.



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