Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Act 2013 No 2

An Act to establish the Civil and Administrative Tribunal of New South Wales and to provide for its membership and functions.

Part 1 Preliminary

1 Name of Act This Act is the Civil and Administrative Tribunal Act 2013.

2 Commencement This Act commences on the date of assent to this Act.

3 Objects of Act The objects of this Act are— (a) to establish an independent Civil and Administrative Tribunal of New South Wales to provide a single point of access for most tribunal services in the State, and (b) to enable the Tribunal— (i) to make decisions as the primary decision-maker in relation to certain matters, and (ii) to review decisions made by certain persons and bodies, and (iii) to determine appeals against decisions made by certain persons and bodies, and (iv) to exercise such other functions as are conferred or imposed on it, and (c) to ensure that the Tribunal is accessible and responsive to the needs of all of its users, and (d) to enable the Tribunal to resolve the real issues in proceedings justly, quickly, cheaply and with as little formality as possible, and (e) to ensure that the decisions of the Tribunal are timely, fair, consistent and of a high quality, and (f) to ensure that the Tribunal is accountable and has processes that are open and transparent, and (g) to promote public confidence in tribunal decision-making in the State and in the conduct of tribunal members.

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, (c) a judicial member of the Industrial Relations Commission, (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.