CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - As at 3 April 2024 - Act 2 of 2013

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 5 Meaning of "decision"
• 6 Meaning of "decision-maker"

PART 2 - ESTABLISHMENT OF TRIBUNAL

• 7 Establishment of Civil and Administrative Tribunal
• 8 Appointments and other matters to facilitate establishment of Tribunal
• 9 Membership of Tribunal
• 10 Appointment of term members
• 11 Appointment of occasional members
• 12 Appointment of acting members for a period
• 13 Qualifications of members
• 14 Division Heads
• 15 NSW judicial officers acting as members of Tribunal
Division 2 - Divisions of Tribunal
• 16 Divisions of Tribunal
• 17 Division Schedule for a Division of Tribunal
• 18 Assignment of members to Divisions of Tribunal
• 19 Division Lists and List Managers for Divisions of Tribunal
Division 3 - Functions of members
• 20 Functions of President
• 21 Functions of other members and Division Heads
Division 4 - Registrars and other staff
• 22 Appointment of registrars and other staff
• 23 Functions of registrars
Division 5 - Tribunal rules and procedural directions
• 24 Rule Committee of Tribunal
• 25 Tribunal rules may provide for practice and procedure
• 26 Procedural directions
Division 6 - Constitution of Tribunal
• 27 Constitution of Tribunal

PART 3 - JURISDICTION OF TRIBUNAL

• 28 Jurisdiction of Tribunal generally
• 29 General jurisdiction
• 30 Administrative review jurisdiction
• 31 External appeal jurisdiction of Tribunal
• 32 Internal appeal jurisdiction of Tribunal
• 33 Enforcement jurisdiction of Tribunal
• 34 Inter-relationship between Tribunal and Supreme Court

PART 3A - FEDERAL PROCEEDINGS

• 34A Definitions
• 34B Applications or appeals involving federal jurisdiction may be made to authorised court
• 34C Proceedings after leave granted
• 34D Relationship of Part to this Act and other laws

PART 4 - PRACTICE AND PROCEDURE

• 35 Application of Part
• 36 Guiding principle to be applied to practice and procedure
• 37 Tribunal to promote use of resolution processes
• 38 Procedure of Tribunal generally
Division 2 - Commencement of proceedings
• 39 What constitutes an application
• 40 Making of applications and appeals
• 41 Extensions of time
• 42 Service of documents outside the State
• 43 Effect of pending general applications and appeals
Division 3 - Participation in proceedings
• 44 Parties and intervention
• 45 Representation of parties
• 46 Powers in relation to witnesses
• 47 Allowances and expenses of witnesses
• 48 Issue of summons
Division 4 - Conduct of proceedings
• 49 Hearings to be open to public
• 50 When hearings are required
• 51 Adjournment of proceedings
• 52 Reconstitution of Tribunal during proceedings
• 53 Amendments and irregularities
• 54 References of questions of law to Supreme Court
• 55 Dismissal of proceedings
Division 5 - Determination of issues and proceedings
• 56 Tribunal may reserve decision
• 57 Tribunal divided in opinion
• 58 Power to impose conditions
• 59 Powers when proceedings settled
• 60 Costs
• 61 When decision determining proceedings takes effect
• 62 Tribunal to give notice of decision and provide written reasons on request
• 63 Power to correct errors in decisions of Tribunal
Division 6 - Information disclosure
• 64 Tribunal may restrict disclosures concerning proceedings
• 65 Publication of names or identification of persons involved in certain proceedings
• 66 Effect of Government Information (Public Access) Act 2009
• 67 Privileged documents
• 68 Court cannot compel disclosure by members and officers of certain confidential information
• 69 Application of confidentiality provisions in other Acts
• 70 Improper disclosure of information

PART 5 - ENFORCEMENT

• 71 False or misleading statements
• 72 Contravention of orders of Tribunal
Division 2 - Contempt of Tribunal
• 73 Contempt of Tribunal
• 74 No double punishment for both contempt and offence or civil penalty provision contravention
Division 3 - Proceedings for offences and civil penalties under this Act
• 75 Commencement of proceedings
• 76 Proceedings for offences
• 77 Proceedings for contravention of civil penalty provision of this Act
Division 4 - Civil enforcement
• 78 Recovery of amounts ordered to be paid

PART 6 - APPEALS

• 79 Making and determination of external appeals
Division 2 - Internal appeals
• 80 Making of internal appeals
• 81 Determination of internal appeals
Division 3 - Appeals from Tribunal to courts Note
• 82 Interpretation
• 83 Appeals against appealable decisions
• 84 Practice and procedure for appeals to courts under this Act

PART 7 - MISCELLANEOUS

• 85 Act to bind Crown
• 86 Seal of Tribunal
• 87 Authentication of documents
• 88 Proof of certain matters not required
• 89 Protection of representatives, witnesses and staff members
• 90 Regulations
• 91 Annual and other reports
• 92 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 7