New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 25

25 Tribunal rules may provide for practice and procedure

(1) The Rule Committee may make rules of the Tribunal (referred to in this Act as the
"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 provision.

(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 the inconsistency.

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).

(6) This section does not limit the operation of section 78 (Rules of court) of the Interpretation Act 1987 .