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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