New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 4

4 Definitions

(1) In this Act--

"administrative review application" ,
"administrative review decision" ,
"administrative review jurisdiction" ,
"administratively reviewable decision" and
"administrator" --see section 30.

"administrator" , of the Guardian Ad Litem Panel, means the person responsible for the constitution of the Guardian Ad Litem Panel under the Children and Young Persons (Care and Protection) Act 1998 .

"ancillary decision" of the Tribunal means a decision made by the Tribunal under legislation (other than an interlocutory decision of the Tribunal) that is preliminary to, or consequential on, a decision determining proceedings, including--

(a) a decision concerning whether the Tribunal has jurisdiction to deal with a matter, and

(b) a decision concerning the awarding of costs in proceedings.

"appeal jurisdiction" of the Tribunal--see section 28(2)(c).

"Appeal Panel" means an Appeal Panel of the Tribunal.

"appealable external decision" --see section 31.

"application" to the Tribunal--see section 39.

"authorised official" --see section 75.

"civil penalty" means a monetary or pecuniary penalty that is imposed on a person (except as punishment for an offence) for a contravention of either a provision of legislation or an order or other decision of a person or body.

"civil penalty provision" of this Act--see section 77.

"decision" --see section 5.

"decision-maker" --see section 6.

"Deputy President" means a Deputy President of the Tribunal.

"Division" of the Tribunal means a Division of the Tribunal specified in section 16(1).

"Division Head" of a Division of the Tribunal means the member who is appointed by or under this Act as the Division Head of that Division.

"Division List" means a list established by or under this Act for the management of a class of proceedings allocated to a Division of the Tribunal.

"Division member" , in relation to a Division of the Tribunal, means a member who is assigned by or under this Act to that Division.

"Division Schedule" for a Division of the Tribunal--see section 17.

"enabling legislation" means legislation (other than this Act or any statutory rules made under this Act) that--

(a) provides for applications or appeals to be made to the Tribunal with respect to a specified matter or class of matters, or

(b) otherwise enables the Tribunal to exercise functions with respect to a specified matter or class of matters.

"enforcement jurisdiction" --see section 33.

"establishment day" --see section 7.

"external appeal" and
"external appeal jurisdiction" --see section 31.

"external decision-maker" means a decision-maker who is external to the Tribunal.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"general application" ,
"general decision" and
"general jurisdiction" --see section 29.

"general member" means a general member of the Tribunal.

"Guardian Ad Litem Panel" has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .

"interlocutory decision" of the Tribunal means a decision made by the Tribunal under legislation concerning any of the following--

(a) the granting of a stay or adjournment,

(b) the prohibition or restriction of the disclosure, broadcast or publication of matters,

(c) the issue of a summons,

(d) the extension of time for any matter (including for the lodgment of an application or appeal),

(e) an evidential matter,

(f) the disqualification of any member,

(g) the joinder or misjoinder of a party to proceedings,

(h) the summary dismissal of proceedings,

(h1) the granting of leave for a person to represent a party to proceedings,

(i) any other interlocutory issue before the Tribunal.

"internal appeal" ,
"internal appeal jurisdiction" and
"internally appealable decision" --see section 32.

"legislation" means an Act or a statutory rule.

"List Manager" for a Division of the Tribunal--see section 19.

"member" means a member of the Tribunal.

"non-presidential member" --see section 9(3).

"NSW judicial officer" means any of the following--

(a) a Magistrate,

(b) a Judge of the District Court,

(d) a Judge of the Land and Environment Court,

(e) a Judge of the Supreme Court.

"occasional member" --see section 9(5).

"President" means the President of the Tribunal.

"presidential member" --see section 9(2).

"principal member" means a principal member of the Tribunal.

"principal registrar" means the person employed in the Public Service as the principal registrar of the Tribunal.

"procedural rules" means each of the following--

(a) the Tribunal rules,

(b) the regulations in their application to the practice and procedure of the Tribunal.

Note : Section 25(5) provides that in the event of an inconsistency between a provision of the regulations and a provision of the Tribunal rules, the provision of the regulations prevails to the extent of the inconsistency.

"registrar" means the principal registrar or any other person employed in the Public Service as a registrar of the Tribunal.

"resolution process" --see section 37.

"Rule Committee" means the Rule Committee of the Tribunal.

"senior member" means a senior member of the Tribunal.

"term member" --see section 9(4).

"the Tribunal" or
"NCAT" means the Civil and Administrative Tribunal of New South Wales established by this Act.

"Tribunal rules" means the rules of the Tribunal made by the Rule Committee.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act (however expressed) to the exercise by the Tribunal of its functions in relation to other legislation includes a reference both to its functions under the legislation and its functions under this Act in relation to the legislation.

(3) A reference (however expressed) in this Act to a decision made under other legislation is taken to include a reference to any decision made in the exercise of functions identified by the legislation.

(4) Any provisions of this Act that are expressed to be subject to the procedural rules have effect subject to any exceptions, limitations or other restrictions specified by the procedural rules.

(5) Subject to section 17(3), procedural rules that make provision as referred to in subsection (4) are not inconsistent with this Act.

Note : Section 17(3) provides that the provisions of a Division Schedule for a Division of the Tribunal prevail to the extent of any inconsistency between those provisions and any other provisions of this Act or the provisions of the procedural rules. See also item 23 of Schedule 7. Also, the procedural rules cannot be inconsistent with enabling legislation. See sections 25(1) and 90(2)(a).

(6) A reference in this Act to the Administrative Decisions Review Act 1997 is a reference to the Administrative Decisions Tribunal Act 1997 , as renamed and amended, on and from the establishment day.

Note : See the amendments made by Schedule 2 (Repeal and amendment of certain legislation relating to Administrative Decisions Tribunal) to the Civil and Administrative Tribunal Amendment Act 2013 .

(7) Notes included in this Act do not form part of this Act.