Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 25

    (1)     The rules the tribunal may make under section 24 include, but are not limited to, rules to do the following:

        (a)     to allow the tribunal to make orders in a short form;

        (b)     to prescribe how the tribunal may deal with applications and other proceedings, including when a tribunal may stop a person representing another person before the tribunal;

        (c)     to facilitate the early resolution of matters arising in applications;

Example

The tribunal may make rules about referring an application to an agency that the tribunal considers is more appropriate to handle the application.

        (d)     to prescribe the functions, and limits on the functions, of a registrar;

        (e)     to prescribe a time for doing a thing by a person that is longer than the time for doing the thing provided under this Act or an authorising law—

              (i)     in relation to an application to the tribunal; but

              (ii)     not in relation to any thing to be done by the tribunal;

Example

a rule about the time for filing an application

        (f)     to allow the tribunal to make orders about costs for complying with subpoenas;

        (g)     to prescribe when the tribunal must make a person a party to a proceeding before the tribunal;

        (h)     to prescribe what happens if a decision that is the subject of an application for review to the tribunal is reconsidered.

    (2)     If a rule of a kind mentioned in subsection (1) (e) prescribes a time for doing something that is longer than the time for doing the thing set out in this Act or an authorising law, the time for doing the thing is the longer time prescribed by rule.

    (3)     To remove any doubt, a rule of a kind mentioned in subsection (1) (e) cannot prescribe a time for doing a thing that is longer than the time prescribed by an authorising law if the authorising law provides that the thing cannot be done in the longer time.

Note     Any procedure under an authorising law for dealing with an application prevails over the procedures set out in the rules for dealing with the application (see s 27). For example, the Planning Act 2023

, s 507 (4) provides, in relation to applications for review by third parties, that the period for making an application for review of a decision under that Act cannot be extended. That provision prevails over any rule to extend the time for making an application under that Act.