Tasmanian Civil and Administrative Tribunal Act 2020 (Tas)

Tasmanian Civil and Administrative Tribunal Act 2020

An Act to establish the Tasmanian Civil and Administrative Tribunal, to enable the appointment of members and staff of the Tribunal, to make provision for the functions, powers and procedures of the Tribunal, to provide for certain transitional matters related to the establishment of the Tribunal, and for related purposes [Royal Assent 4 November 2020]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Tasmanian Civil and Administrative Tribunal Act 2020 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation (1) In this Act, unless the contrary intention appears – Acting Deputy President means an Acting Deputy President appointed under section 35(1) ; Acting President means the Acting President appointed under section 21(1) ; Anti-Discrimination stream means the Anti-Discrimination stream established by clause 1 of Part 4 of Schedule 2 ; applicant means – (a) in the context of the Tribunal's review jurisdiction, the person who – (i) applies to the Tribunal for a review; or (ii) otherwise brings a matter before the Tribunal; or (iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal; and (b) in any other context, the person who – (i) brings a matter before the Tribunal; or (ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal – but, unless and to the extent that the Tribunal rules otherwise provide, does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person; Civil and Consumer stream means the Civil and Consumer stream established by clause 1 of Part 9 of Schedule 2 ; code of conduct means the code of conduct issued under section 94 ; commencement day means the day on which the Tasmanian Civil and Administrative Tribunal Amendment Act 2021 commences; compulsory conference means a compulsory conference held under Division 7 of Part 8 ; decision of the Tribunal includes a direction, determination or order of the Tribunal; decision-maker – see section 74(2) ; Deputy President means a Deputy President of the Tribunal appointed under section 26(2) ; Deputy Registrar means a Deputy Registrar of the Tribunal appointed under section 53(3) ; Division Head means – (a) a person appointed under section 60(3) to be the Division Head in relation to a Division of the Tribunal; and (b) a person acting as a Division Head under section 60(7) ; Division of the Tribunal means a Division of the Tribunal that is established by section 59(1) ; Division Schedule, in relation to a Division of the Tribunal, means the Schedule to this Act that is entitled with the name of the Division of the Tribunal; establishment day has the meaning it has in section 4(1) ; evidentiary material includes any document, object, and substance, of evidentiary value in proceedings before the Tribunal and includes any other document, object, and substance, that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value; Forestry Practices stream means the Forestry Practices stream established by clause 1 of Part 6 of Schedule 2 ; General Division means the General Division established by section 59(1) ; Guardianship stream means the Guardianship stream established by clause 2 of Part 4 of Schedule 3 ; Health Practitioners stream means the Health Practitioners stream established by clause 1 of Part 5 of Schedule 2 ; legally qualified member means – (a) the President; and (b) a magistrate who is a member; and (c) a member who is an Australian lawyer of at least 5 years' standing as an Australian legal practitioner; Magistrates Court means the Magistrates Court of Tasmania; member means a member of the Tribunal under section 11 ; members of the staff of the Tribunal means – (a) the registrars; and (b) the other persons whose services are made available to the Tribunal under section 56 ; Mental Health stream means the Mental Health stream established by clause 1 of Part 5 of Schedule 3 ; monetary order means an order of the Tribunal requiring the payment of money and includes – (a) an order made for the payment of a fine or other pecuniary penalty; and (b) an order as to the payment of any costs; and (c) an order for the payment of compensation for breach of an Act; officers of the Tribunal means – (a) the registrars; and (b) the members of the staff of the Tribunal, or other persons, who are, under section 57 , designated to be officers of the Tribunal by the Registrar; order of the Tribunal includes an interim order, interlocutory order, consequential order and ancillary order; ordinary member means – (a) an ordinary member of the Tribunal appointed under section 44(1)(b) ; and (b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary ordinary member of the Tribunal appointed under section 48(1) ; original jurisdiction of the Tribunal – see section 72 ; party, in relation to proceedings, means a person who is, under this Act or a relevant Act, a party to the proceedings; Personal Compensation stream means the Personal Compensation stream established by clause 1 of Part 7 of Schedule 2 ; practice directions means practice directions given under section 93 ; prescribed means prescribed in the regulations; President means the President of the Tribunal appointed under section 12(2) ; proceedings means proceedings of the Tribunal and includes a hearing of the Tribunal and proceedings of the Tribunal that do not consist of a hearing; Protective Division means the Protective Division established by section 59(1) ; registrar means the Registrar or a Deputy Registrar; Registrar means the Registrar of the Tribunal appointed under section 53(1) ; registry means a registry of the Tribunal; regulations means regulations made under this Act; relevant Act means an Act specified in Schedule 1 and any other Act that confers jurisdiction on the Tribunal; relevant Board or Tribunal means – (a) the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1998 ; and (b) the Asbestos Compensation Tribunal established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and (c) the Forest Practices Tribunal established under the Forest Practices Act 1985 ; and (d) the Guardianship and Administration Board established under the Guardianship and Administration Act 1995 ; and (e) the Health Practitioners Tribunal established under the Health Practitioners Tribunal Act 2010 ; and (f) the Mental Health Tribunal established under the Mental Health Act 2013 ; and (g) the Motor Accidents Compensation Tribunal established under the Motor Accidents (Liabilities and Compensation) Act 1973 ; and (h) the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ; and (i) the Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 ; Resource and Planning stream means the Resource and Planning stream established by clause 2 of Part 8 of Schedule 2 ; reviewable decision – see section 74(1) ; Rules Committee means the Rules Committee established under section 91 ; senior member means – (a) a senior member of the Tribunal appointed under section 44(1)(a) ; and (b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary senior member of the Tribunal appointed under section 48(1) ; sessional basis, in relation to an appointment of a member, means the appointment of the member on the basis that the person is to act in the office during the periods, within the person's term of appointment, determined from time to time by the President; stream – see section 63 ; Tribunal means the Tasmanian Civil and Administrative Tribunal established by section 8 ; Tribunal rules means the Tribunal rules, made under section 92 , that are in force under this Act. (2) A reference in this Act (however expressed) to the performance and exercise by the Tribunal of its functions and powers in relation to other legislation includes a reference both to the Tribunal's functions and powers under the legislation and to its functions and powers under this Act in relation to the legislation. (3) For the purposes of this Act, a reference in a relevant Act to an appeal to the Tribunal is to be taken to be a reference, as the case requires, to – (a) an application for a review by the Tribunal; or (b) a review by the Tribunal.