Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Consumer, Trader and Tenancy Tribunal Act
2001:

(a) to include additional requirements as to the qualifications of members of the
Consumer, Trader and Tenancy Tribunal (the Tribunal), and

(b) to clarify that the powers of the Chairperson of the Tribunal (the Chairperson)
extend to giving procedural directions with respect to classes of proceedings,
and

(c) to set out the circumstances in which the Registrar of the Tribunal (the
Registrar) may exercise functions of a member of the Tribunal or of the
Tribunal and to provide additional circumstances in which a Deputy Registrar
may exercise functions of the Registrar, and

(d) to remove a power to apprehend witnesses, and

(e) to limit the period within which proceedings may be recommenced if an order
of the Tribunal is not complied with, and

(f) to clarify the status of reserved decisions, and

(g) to increase the time (from 7 to 28 days) within which a statement of reasons
for a decision must be given, and

(h) to limit applications for a rehearing of completed proceedings if the amount
claimed or disputed is more than the amount prescribed by the regulations and
to provide that, if an application is refused, a further application may only be
made if significant new evidence suggests a substantial injustice to one or
more parties to the proceedings has occurred, and
        (i) to require sound recordings of proceedings of the Tribunal to be made and
kept, and

(j) to establish the Social Housing Division of the Tribunal, and

(k) to provide that the remuneration of part-time members of the Tribunal is to be
determined in the same manner as full-time members, and

(l) to establish the Professional Practice and Review Committee to replace the
Peer Review Panel and to provide for the membership, functions and
procedures of that Committee, and

(m) to replace and update certain references to the Director-General and clarify
certain provisions.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Consumer,
Trader and Tenancy Tribunal Act 2001 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced.

Schedule 1 Amendments
Schedule 1 [1] inserts a definition of Commissioner for Fair Trading into the
Consumer, Trader and Tenancy Tribunal Act 2001 (the Principal Act) and updates
the definition of Director-General in that Act.

Schedule 1 [2] provides that a person cannot be appointed as Chairperson or Deputy
Chairperson (Determinations) of the Tribunal unless the person is an Australian
lawyer.

Schedule 1 [3] provides that the Minister for Fair Trading (the Minister), in
determining whether a person has qualifications and skills to be appointed as a
member of the Tribunal, is to have regard to whether the person has ability or
experience in alternative dispute resolution procedures.

Schedule 1 [4] clarifies that the Chairperson has power to give procedural directions
to members of the Tribunal with respect to classes of proceedings.

Schedule 1 [5] replaces a number of references to the Director-General of the
Department of Commerce with references to the Commissioner for Fair Trading
within the Department of Commerce.

Schedule 1 [6] provides that the Registrar may exercise any prescribed function of a
member of the Tribunal or of the Tribunal if the Registrar is authorised by the
Chairperson to exercise that function.

Schedule 1 [7] provides that a Deputy Registrar of the Tribunal may exercise the
functions of the Registrar as directed by the Chairperson.

Schedule 1 [8] omits a section that provided for the issuing of a warrant for the
apprehension of a witness who had been summoned to attend before the Tribunal.

Schedule 1 [9] limits the period within which proceedings may be recommenced for
failure to comply with an order. Any such proceedings must now be recommenced
within 12 months after the end of the period specified by the Tribunal for compliance
with the order.

Schedule 1 [10] clarifies that a reserved decision of the Tribunal is still a decision of
the Tribunal and so other provisions of the Principal Act apply to such a decision in
the same way as they apply to any other decision of the Tribunal.

Schedule 1 [11] extends, from 7 to 28 days, the period within which a statement of
reasons for a decision of the Tribunal must be provided.

Schedule 1 [12] provides that if an application for a rehearing of completed
proceedings has been refused, a second application for a rehearing may be made only
if the application is made within the time prescribed by the regulations and if the
Chairperson is satisfied that significant new evidence has arisen since the application
was refused and that evidence suggests a substantial injustice to one or more parties
to the proceedings has occurred.

Schedule 1 [13] provides that a person cannot make an application for a rehearing of
completed proceedings under section 68 of the Principal Act if the amount claimed
or disputed is more than the amount prescribed by the regulations.

Schedule 1 [14] provides that the Tribunal must ensure that, as far as is reasonably
practicable, sound recordings of all proceedings of the Tribunal are made and kept.

Schedule 1 [18] establishes the Social Housing Division of the Tribunal. Schedule
1 [15]–[17] make consequential amendments.

Schedule 1 [19] and [20] provide for the determination of remuneration of part-time
members of the Tribunal in the same manner as full-time members.

Schedule 1 [23] omits a provision establishing the Peer Review Panel, establishes
instead the Professional Practice and Review Committee and sets out the procedures
for the Committee. The Committee comprises the Commissioner for Fair Trading,
the Chairperson, the Deputy Chairperson (Registry and Administration), the Deputy
Chairperson (Determinations) and 2 persons appointed by the Minister. The
Committee has the functions of reviewing and providing advice on matters that are
referred to it by the Minister, the Commissioner for Fair Trading, the Chairperson or
any other person prescribed by the regulations. Those matters may relate to the
education, training or professional development of members, the performance or
management of members, complaints against members and remedial or disciplinary
action to be taken in relation to any such complaint, trends in complaints or
performance and any other matter prescribed by the regulations. Schedule 1 [21] and
[22] make consequential amendments.

Schedule 1 [24] enables savings and transitional regulations to be made as a
consequence of the enactment of the proposed Act. Schedule 1 [25] makes a
consequential amendment.

Schedule 1 [26] inserts a number of savings and transitional provisions into the
Principal Act as a consequence of the amendments made by the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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