TASMANIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2020

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Meaning of establishment day
• 5 Reductions in remuneration and allowances
• 6 When person appointed for particular proceeding completes term of
office
• 7 Act binds Crown
• 7A Inconsistency with relevant Act

PART 2 - Tasmanian Civil and Administrative Tribunal

• 8 Establishment of Tribunal
• 9 Tribunal to operate throughout State
• 10 Main objectives of Tribunal

PART 3 - Membership and Staff of Tribunal Division 1 - Membership

• 11 Membership of Tribunal

Division 2 - President of Tribunal Subdivision 1 - President

• 12 President
• 13 Terms and conditions, &c., of appointment as President
• 14 President’s functions generally
• 14A Delegation
• 15 When person ceases to be President
• 16 Suspension of appointment as President
• 17 Parliament may confirm or revoke suspension of President for
misconduct or misbehaviour
• 18 Governor may revoke or vary suspension of President
• 19 Revocation of appointment as President
• 20 Payment of person suspended from office of President
Subdivision 2 - Acting President
• 21 Acting President
• 22 When person ceases to be Acting President
• 23 Revocation of appointment as Acting President
Subdivision 3 - Miscellaneous
• 24 Appointment of magistrate as President or Acting President not to
affect tenure, &c.
• 25 Relationship of Act to Magistrates Court, &c.

Division 3 - Deputy Presidents of Tribunal Subdivision 1 - Deputy

• 26 Appointment of Deputy Presidents
• 27 Terms and conditions of appointment as Deputy President
• 28 Deputy President’s functions generally
• 29 When person ceases to be Deputy President
• 30 Suspension of appointment as Deputy President
• 31 Parliament may confirm or revoke suspension of Deputy President for
misconduct or misbehaviour
• 32 Governor may revoke or vary suspension of person from office of
Deputy President
• 33 Revocation of appointment as Deputy President
• 34 Payment of person suspended from office of Deputy President
Subdivision 2 - Acting Deputy Presidents
• 35 Acting Deputy Presidents
• 36 Terms and conditions of appointment as Acting Deputy President
• 37 When person ceases to be Acting Deputy President
• 38 Revocation of appointment as Acting Deputy President
Subdivision 3 - Supplementary Deputy Presidents
• 39 Supplementary Deputy Presidents
• 40 Terms and conditions of appointment as supplementary Deputy President
• 41 When person ceases to be supplementary Deputy President
• 42 Revocation of appointment as supplementary Deputy President

Division 4 - Other members Subdivision 1 - Selection and assessment

• 43 Selection and assessment panel
Subdivision 2 - Senior members and ordinary members
• 44 Appointment of senior members and ordinary members
• 45 Terms and conditions of appointment as senior member or ordinary
member
• 46 When senior member or ordinary member ceases to hold office
• 47 Revocation or suspension from office of senior member or ordinary
member Subdivision 3 - Supplementary members
• 48 Supplementary members
• 49 Terms and conditions of appointment as supplementary member
• 50 When supplementary member ceases to hold office
Subdivision 4 - Miscellaneous
• 51 Effect of State Service employment or appointment
• 52 Engagement in other work by members

Division 5 - Registrars and other members of staff of Tribunal

• 53 Registrars
• 54 Functions of registrars
• 55 Delegation
• 56 Other staff of Tribunal
• 57 Staff may be designated to be officers of Tribunal

PART 4 -

• 58 Section 58

PART 5 - Divisions of Tribunal

• 59 Divisions of Tribunal
• 60 Division Heads
• 61 Functions and powers of Division Heads and delegation
• 62 Assignment of members to Divisions of Tribunal and streams
• 63 Streams of Divisions of Tribunal

PART 6 - Constitution of Tribunal

• 64 Constitution of Tribunal
• 65 Alteration of constitution of Tribunal and provision for separate
dealing with aspects of matters
• 66 Proceedings in respect of same matter may be heard together
• 67 Who presides at proceedings of Tribunal
• 68 Decision if 2 or more members constitute Tribunal
• 69 Validity of acts and proceedings of Tribunal
• 70 Disclosure of interest by members of Tribunal

PART 7 - Jurisdiction of Tribunal Division 1 - Jurisdiction

• 71 Jurisdiction of Tribunal

Division 2 - Original jurisdiction

• 72 Original jurisdiction
• 73 Proceedings in original jurisdiction

Division 3 - Review jurisdiction

• 74 Review jurisdiction
• 75 Nature of proceedings in review jurisdiction
• 76 Decision-maker must assist Tribunal
• 77 Effect of review proceedings on decision being reviewed
• 78 Decision on review

PART 8 - Principles, Powers and Procedures Division 1 - Principles

• 79 Principles governing proceedings

Division 2 - Procedure generally

• 80 Sittings
• 81 Hearings in public
• 82 Electronic hearings and proceedings without hearings
• 83 Practice and procedure generally
• 84 Directions for conduct of proceedings
• 85 Consolidating and splitting proceedings
• 86 Completion of part-heard matters

Division 3 - Dismissal of proceedings or part of proceedings

• 87 More appropriate forum
• 88 Dismissing proceedings on withdrawal or for want of prosecution
• 89 Frivolous or vexatious proceedings
• 90 Proceedings being conducted to cause disadvantage

Division 4 - Tribunal rules, practice directions and codes of

• 91 Rules Committee
• 92 Rules
• 93 Practice directions
• 94 Code of conduct

Division 5 - Parties

• 95 Parties
• 96 Person may be joined as party
• 97 Intervention in proceedings

Division 6 - Representation

• 98 Representation

Division 7 - Compulsory conferences, alternative dispute resolution

• 99 Compulsory conferences
• 100 Procedure for compulsory conferences
• 101 Settlement of matter during compulsory conference
• 102 Alternative dispute resolution
• 103 Settling of proceedings

Division 8 - Evidentiary powers

• 104 Power to require person to give evidence or to produce evidentiary
material
• 105 Claims of privilege
• 106 Privileges not affected
• 107 Entry and inspection of property
• 108 Expert reports
• 109 Tribunal may authorise person to take evidence
• 110 Accessibility to public of evidence

Division 9 - Orders and powers

• 111 Preserving subject matter of proceedings
• 112 Interlocutory orders
• 113 Conditional, alternative and ancillary orders and directions
• 114 Alternative orders and relief
• 115 Relief from time limits
• 116 Tribunal may review its decision if party was absent
• 117 Determination of questions of law
• 118 Power to cure irregularities
• 119 Correcting mistakes

Division 10 - Costs

• 120 Costs of parties
• 121 Costs of parties – related matters
• 122 Costs incurred by Tribunal in relation to proceedings

Division 11 - Information

• 123 Reports of proceedings and giving of information in relation to
Guardianship stream proceedings
• 124 Provision of information in Guardianship stream proceedings

Division 12 - Process and enforcement

• 125 Provision of documents, legal process and service
• 126 Enforcement of decisions and orders of Tribunal
• 127 Proof of decisions and orders of Tribunal
• 128 Disrupting proceedings of Tribunal

PART 9 - Federal Jurisdiction Proceedings

• 129 Interpretation
• 130 Relationship of this Part to this Act and other laws
• 131 Transfer to Magistrates Court of applications involving federal
jurisdiction
• 132 Magistrates Court proceedings, jurisdiction, powers and functions,
&c.
• 133 Modifications of certain functions, powers and procedures, &c.
• 134 Compulsory conferences and alternative dispute resolution
• 135 References to Tribunal in other Acts or regulations

PART 10 - Appeals to Supreme Court

• 136 Appeals to Supreme Court
• 137 Procedure on appeal
• 138 Determination of appeal
• 139 Effect of appeal on decision

PART 11 - Protection and Immunities

• 140 Protections and immunities
• 141 Protection from liability for torts
• 142 Protection for compliance with Act

PART 12 - Miscellaneous

• 143 Annual report
• 144 Seal of Tribunal
• 145 Regulations
• 146 Administration of Act

PART 13 - Savings and Transitional Provisions Division 1 - Abolition

• 147 Interpretation of Part 13
• 148 Abolition of existing Boards and Tribunals
• 149 Current members of relevant Board or Tribunal cease to hold office
• 150 Current members to hold office as members of Tribunal
• 151 Remuneration of current member of relevant Board or Tribunal

Division 2 - Proceedings of former relevant Board or Tribunal

• 152 Proceedings that were on foot on commencement day
• 153 Pending court proceedings in relation to relevant Board or Tribunal
may be completed
• 154 Certain unexercised rights continue
• 155 Allocation of transitional proceedings to Divisions of Tribunal
• 156 Saving of orders of relevant Board or Tribunal
• 157 Expiration of time periods
• 158 Savings of code of conduct and Mental Health guidelines
• 159 Appointments and other matters to facilitate establishment of Tribunal
• 160 General savings
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

[ Note: This table has been automatically generated and may be incomplete. ]