Australian Capital Territory Numbered Acts

TENANCY TRIBUNAL ACT (NO 64 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Tenancy Tribunal Act 1994.  
   3.      In this Act, unless the contrary intention appears—“approved mediator” means a mediator approved under section 17; “Code” means the code of practice approved under section 75, as in force from time to time; “commercial premises” means premises used, or intended to be used, wholly or predominantly for carrying on a business other than a business involving—  

   PART II--APPLICATION

   4.      In this Part—“lease” means a lease to which this Act applies by virtue of section 5.  
   7.      The Magistrates Court has no jurisdiction in relation to a dispute to which this Act applies.  
   9.      The Code applies to a dispute referred to in paragraph 6 (1) (c) or (d) whether the relevant lease is proposed to be entered into, or is entered into, varied, renewed or extended under an option, before, on or after the substantive commencement date.  
   10.     This Act does not apply in relation to a dispute the substance of which is the subject matter of a proceeding which, as at the date of commencement of this section, had been commenced in the Magistrates Court or the Supreme Court.  

   PART III--REFERRAL OF DISPUTES TO REGISTRAR

   11.     After receiving notice (by whatever means) of a dispute to which this Act appears to apply, and before any referral of the dispute under section 12, the Registrar may take such action as he or she thinks appropriate to facilitate the resolution of the dispute.  
   12.     (1) A person may refer a dispute about a lease to which this Act is alleged to apply to the Registrar.  
   14.     The Registrar may refer a dispute to an approved mediator if he or she considers it appropriate having regard to—  
   15.     (1) The Registrar shall refer a dispute to the Tribunal if—  

   PART IV--MEDIATION BEFORE AN APPROVED MEDIATOR

   16.     Each of the following is a party to a mediation before an approved mediator:  
   17.     The Minister may, by instrument, approve persons to be mediators for the purposes of this Act.  
   18.     (1) The Registrar shall maintain a list of approved mediators.  
   19.     An approved mediator to whom a dispute is referred under section 14 shall, as soon as practicable—  
   20.     Evidence of proceedings at a mediation conference under section 19 is inadmissible in any other proceedings except in accordance with section 47 or 59.  
   21.     (1) A mediation report shall be in writing and shall specify the following:  
   22.     Where the Registrar receives a mediation report stating that a dispute remains unresolved, he or she shall refer the dispute to the Tribunal.  

   PART V--HEARINGS BEFORE THE REGISTRAR

   23.     Each of the following is a party to a hearing before the Registrar:  
   24.     A party to a hearing may, with the consent of the Registrar, be represented at the hearing by a legal practitioner or an agent.  
   26.     Proceedings before the Registrar shall take place in a closed hearing.  
   27.     (1) For the purposes of a hearing, the Registrar may summon a party, or the representative of a party, to appear as a witness before him or her on a date, and at the place, specified in the summons.  
   28.     (1) The Registrar shall not make a formal record of the evidence given at a hearing except as provided by this section.  
   29.     Evidence given at the hearing of a dispute by the Registrar is inadmissible in any proceedings other than in a further hearing by the Registrar or in accordance with sections 47 or 59.  
   30.     (1) Where, after the hearing of a dispute, the parties reach a mediated agreement, the Registrar shall—  
   31.     After hearing a dispute, the Registrar shall refer it to the Tribunal if—  
   32.     The parties to a hearing shall bear their own costs unless the Registrar orders otherwise.  

   PART VI--TRIBUNAL HEARINGS

   33.     Each of the following is a party to a Tribunal hearing:  
   35.     (1) The Tribunal shall hear each dispute referred to it by the Registrar.  
   37.     If no procedure is prescribed by this Act or the regulations in relation to a particular matter in a hearing, the Tribunal may determine its own procedure.  
   39.     For the purposes of a hearing the Tribunal may make such inquiries as it considers appropriate.  
   40.     The Tribunal shall keep a record of its proceedings.  
   41.     The following persons may appear at a Tribunal hearing:  
   42.     A person who may appear at a hearing may be represented at the hearing by a legal practitioner or an agent.  
   43.     (1) For the purposes of a Tribunal hearing, the Tribunal may summon a person to appear as a witness before it—  
   44.     The Tribunal may take evidence on oath or affirmation and, for that purpose, the President—  
   45.     (1) For the purposes of a Tribunal hearing, the President may require a person appearing before the Tribunal—  
   46.     A person is not excused from giving evidence before a Tribunal hearing on the ground that such evidence would tend to incriminate the person.  
   47.      
   48.     The following evidence is not admissible against a person in criminal proceedings other than prosecutions for an offence against section 82:  
   49.     At any stage of a hearing, the Tribunal may—  
   51.     On application by a party, or of its own motion, the Tribunal may adjourn a hearing.  
   52.     The parties to a hearing shall bear their own costs unless the Tribunal orders otherwise.  
   53.     (1) Where, before a hearing—  
   55.     The Tribunal shall give each party to a hearing written notice setting out the terms of any order made under section 54 at the conclusion of a hearing within 14 days of making such an order.  
   56.     A party to a hearing shall not, without reasonable excuse, fail to comply with an order of the Tribunal or of the President.  
   57.     The Tribunal has the same powers to enforce its decisions as the Magistrates Court has when exercising its jurisdiction under the Magistrates Court (Civil Jurisdiction) Act 1982.  

   PART VII--APPEALS TO THE SUPREME COURT

   59.     On an appeal under subsection 58 (1), evidence of any words spoken or act done during mediation under Part IV or at a hearing of the dispute by the Registrar shall only be admitted if—  

   PART VIII--TENANCY TRIBUNAL

   60.     The Tenancy Tribunal is established by this section.  
   61.     The Tribunal shall consist of—  
   64.     Subject to this Act, the Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.  
   65.     (1) The Tribunal shall furnish to the Minister for presentation to the Legislative Assembly a report relating to the activities of the Tribunal during each financial year.  
   66.     The Territory shall reimburse a member referred to in subsection 62 (3) for expenses reasonably incurred in the performance of the member's functions.  
   67.     (1) There shall be a Registrar of the Tribunal.  
   68.     The Registrar may, by instrument, delegate to a public servant any or all of his or her powers under this Act.  
   70.     No action, suit or proceeding lies against a person who is or has been—  
   71.     A member of the Tribunal, the Acting President or the Registrar may resign by writing given to the Minister.  

   PART IX--APPEALS TO TRIBUNAL

   73.     A person who referred a dispute to the Registrar under section 12 may appeal to the Tribunal where the Registrar has made a decision to take no further action with respect to the dispute—  

   PART X--CODE OF PRACTICE

   76.     A code or variation approved under section 75 is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.  

   PART XI--FEES AND CHARGES

   78.     (1) The Minister may, by notice in writing published in the Gazette, determine fees and charges for any of the following purposes:  
   79.     (1) A fee or charge determined under subsection 78 (1) is payable, in advance, in accordance with the determination, subject to this section.  
   80.     (1) A fee or charge determined under subsection 78 (1) may be remitted or refunded, or liability for its payment deferred, in accordance with the determination.  
   81.     (1) The following decisions of the Registrar are reviewable under this section:  

   PART XII--MISCELLANEOUS

   82.     A person shall not, without reasonable excuse, obstruct, hinder or resist the Registrar or Tribunal in the exercise of a function under this Act.  
   83.     The Executive may make regulations for the purposes of this Act.