CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 90 Regulations

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 90

90 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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 regulations in their application to the practice and procedure of the Tribunal. 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), the regulations may make provision for or with respect to any of the following matters--

(a) any matter for or with respect to which the Tribunal rules may make provision (including, but not limited to, the matters specified in Schedule 7),

Note : The Tribunal rules cannot be inconsistent with enabling legislation. See section 25(1).

(b) the fees payable in respect of proceedings in the Tribunal, including fees for the following--

(i) general applications and administrative review applications,

(ii) external and internal appeals,

(iii) the filing or lodgment of any document in the Tribunal,

(iv) the provision of transcripts or recordings of proceedings,

(v) the issue of summonses or any other document out of the Tribunal,

(c) the fees payable in relation to the use of resolution processes of the Tribunal,

(d) the fees payable for administrative services provided by a registrar or any other officer of the Tribunal, whether in connection with the administration of this Act or otherwise,

(e) the waiver, postponement and refund of fees and exemptions from fees,

(f) the use of resolution processes conducted under or for the purposes of this Act, including--

(i) the kinds of processes that, and the circumstances in which such processes, may be used, and

(ii) the persons who may conduct or participate in such processes and their respective functions, and

(iii) the payment of costs in connection with the use of such processes, and

(iv) the removal or limitation of the civil liability of participants in such processes (for example, liability for defamation), and

(v) the disclosure or use in legal proceedings of statements, admissions or other evidence made, provided or disclosed in connection with such processes,

(g) the use of telephones, audio visual links or any other means of communication in connection with proceedings in the Tribunal (including enabling witnesses to appear before, or give evidence, by such means),

(h) the provision and use of interpreters,

(i) the procedure of the Rule Committee.

(3) The Minister is not to recommend the making of a regulation that prescribes a fee of the kind referred to in subsection (2)(b), (c) or (d) for the exercise of any of the functions of the Tribunal in proceedings that are entered in the Health Practitioner List of the Occupational Division of the Tribunal unless the Minister certifies that the Minister for Health has agreed to the fee.