ACT Civil and Administrative Tribunal Act 2008

This Act is the ACT Civil and Administrative Tribunal Act 2008.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘contract application, for part 4 (Civil disputes)—see section 15.’ means that the term ‘contract application’ is defined in that section for part 4.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and important concepts

The objects of this Act are—

to provide for a wide range of matters arising under legislation to be resolved by the ACT Civil and Administrative Tribunal; and

to ensure that access to the tribunal is simple and inexpensive, for all people who need to deal with the tribunal; and

to ensure that applications to the tribunal are resolved as quickly as is consistent with achieving justice; and

to ensure that decisions of the tribunal are fair; and

to enhance the quality of decision making under legislation; and

to encourage, and bring about, compliance in decision making under legislation; and

to encourage tribunal members to act in a way that promotes the collegiate nature of the tribunal; and

Note Unless otherwise provided by this Act, the tribunal for the exercise of functions, other than functions in relation to applications, is made up of the presidential members (see s 93).

to identify and bring to the Attorney-General’s attention systemic problems in relation to the operation of authorising laws.

In exercising its functions under this Act, the tribunal must—

seek to ensure the procedures of the tribunal—

are as simple, quick, inexpensive and informal as is consistent with achieving justice; and

are implemented in a way that facilitates the resolution of the issues between the parties so that the cost to the parties and the tribunal is proportionate to the importance and complexity of the subject matter of the proceeding; and

observe natural justice and procedural fairness.

Each party to a proceeding, their authorised representative and anyone else accompanying the party or allowed to participate in the proceeding has a duty—

to cooperate with the tribunal to give effect to the tribunal principles mentioned in section 7; and

to comply with the Act and any directions.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or rules (see Legislation Act, s 104).

To remove any doubt, the tribunal need not comply with the rules of evidence applying in the ACT.

Note The tribunal may inform itself in any way it considers appropriate in the circumstances (see s 26).

Part 3 Applications to tribunal

A person may apply to the tribunal if an authorising law provides that the application may be made.

Note A registrar may help a person make an application to the tribunal as the registrar considers appropriate—see s 112 (1) (b).

An application to the tribunal must—

comply with the rules; and

be in writing, whether with or without a registrar’s help; and

state the reasons for making the application; and

be lodged at the tribunal registry.

An application to the tribunal for review of a decision must be made by a person within 28 days after the day the decision to be reviewed is made.

Note The rules may prescribe a longer period for making the application (see s 25 (1) (e) and (2)).

However—

if notice of the decision is given to the person later than 5 days after the day the decision is made—the application may be made within 28 days after the day the notice is given; and

if notice of the decision is required to be given to the person under this Act or an authorising law, but is not given—the application may be made within 28 days after the day the person becomes aware of the decision; and

if the decision is taken to have been made under section 12 (When no action taken to be decision)—the application may be made within 28 days after the end of the period or reasonable period mentioned in the section.

The right under an authorising law to make an application to the tribunal is subject to any condition stated in the authorising law.

This section applies if—

an entity (the decision-maker) is required or allowed to do something under an authorising law; and

the decision-maker has not done the thing within the period for doing the thing under the authorising law or, if no period is stated under the authorising law, a reasonable period for doing the thing; and

the authorising law provides that a person may apply to the tribunal for review of a decision under the authorising law in relation to doing the thing.

The decision-maker is taken to have decided, at the end of the period for doing the thing, not to do the thing.

Part 4 Civil disputes