New South Wales Consolidated Acts
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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 25
Tribunal rules may provide for practice and procedure
25 Tribunal rules may provide for practice and procedure
(1) The Rule Committee may make rules of the Tribunal (referred to in this Act
"Tribunal rules" ), not inconsistent with this Act or enabling legislation,
for or with respect to the following--
(a) the practice and procedure to be
followed in proceedings in the Tribunal,
(b) any matter that is, by this Act
or any other legislation, required or permitted to be prescribed by
the Tribunal rules.
Note : A number of provisions of this Act provide for
matters to be prescribed by the procedural rules. The term
"procedural rules" is defined in section 4(1) to include the Tribunal rules.
Procedural rules that make provision as referred to in section 4(4) are not
inconsistent with this Act. See section 4(5).
(2) Without limiting subsection
(1)(a), the Tribunal rules may make provision for or with respect to any of
the matters specified in Schedule 7.
(3) Without limiting the generality of
section 42 of the Interpretation Act 1987 , the Tribunal rules may also
prescribe different rules for--
(a) each of the Divisions of the Tribunal, and
(b) different classes of matters.
Note : Section 42 of the Interpretation
Act 1987 provides for the matters for which statutory rules may generally make
(4) The Tribunal rules may authorise or require the use of an
electronic case management system established under clause 2 of Schedule 1 to
the Electronic Transactions Act 2000 in relation to any proceedings in
the Tribunal in respect of which the use of such a system is authorised by an
order in force under clause 3 of Schedule 1 to that Act.
(5) In the event of
an inconsistency between a provision of the regulations and a provision of
the Tribunal rules, the provision of the regulations prevails to the extent of
Note : Section 90(2) also enables the regulations to make
provision concerning matters for or with respect to which the Tribunal rules
may make provision (including the matters specified in Schedule 7).
section does not limit the operation of section 78 (Rules of court) of the
Interpretation Act 1987 .
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