Tasmanian Civil and Administrative Tribunal Rules 2021 (Tas)

Tasmanian Civil and Administrative Tribunal Rules 2021

I, MALCOLM SCHYVENS, the President of the Tasmanian Civil and Administrative Tribunal, make the following rules under section 92(1)(a) of the Tasmanian Civil and Administrative Tribunal Act 2020 .

PART 1 - Preliminary

1. Short title These rules may be cited as the Tasmanian Civil and Administrative Tribunal Rules 2021 .

2. Commencement These rules take effect on the day on which their making is notified in the Gazette.

3. Interpretation (1) In these rules – Act means the Tasmanian Civil and Administrative Tribunal Act 2020 ; approved form means a form approved from time to time by the President or the Registrar. (2) A word or phrase in these rules that is used in the Act has, unless the contrary intention appears, the same meaning as the word or phrase has in the Act.

4. Dispensation from rules (1) The Tribunal or the President may dispense with compliance with any requirement of these rules, either before or after the occasion for compliance arises. (2) A Division Head may dispense with compliance with any requirement of these rules, either before or after the occasion for compliance arises, in relation to proceedings of the Tribunal that relate to the Division. (3) A registrar may, at the direction of the President, constitute the Tribunal for the purposes of this rule.

PART 2 - Commencement of Proceedings

5. Applications (1) An application to the Tribunal under, or for the purposes of, the Act or a relevant Act must be – (a) in, or to the effect of, the approved form; and (b) duly completed; and (c) lodged in a registry; and (d) lodged with the fee prescribed in the regulations under the Act or under the relevant Act. (2) Subrule (1) does not apply, in relation to an application under a relevant Act, to the extent of an inconsistency with the provisions of the relevant Act, or regulations made under a relevant Act, under or for the purposes of which the application is made. (3) An application to the Tribunal under, or for the purposes of, the Act or a relevant Act is not required to specify the Division of the Tribunal to which the function of determining the application is allocated under the Act, but if the appropriate Division is not specified, or the incorrect Division is specified, a registrar may complete or alter the application form accordingly. (4) Unless the Tribunal grants an extension of time under these rules or under a relevant Act, an application must be made – (a) if the Act or a relevant Act specifies a period within which the application is to be made – within the period so specified; or (b) in any other case – within 28 days from the day on which the applicant became entitled under the Act or the relevant Act to make the application.