New South Wales Consolidated Acts

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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013


- As at 13 March 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
   Division 1 - Establishment and membership

   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
   Division 1 - Introduction

   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
   Division 1 - Compliance

   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
   Division 1 - External 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


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