Legislation Update: Bill to consolidate NSW Tribunals

The Civil and Administrative Tribunal Bill 2012 (NSW), introduced on 22 November 2012, aims to establish a Civil and Administrative Tribunal of New South Wales (also called NCAT) to replace various existing tribunals, and to provide for its membership and functions.

If the Bill is passed, the existing tribunals will be consolidated or replaced from 1 January 2014, including:

• the Administrative Decisions Tribunal

• the Tribunals established under s 165 of the Health Practitioner Regulation National Law (NSW) (the HPRNL Act) including:

• the Medical Tribunal of New South Wales

• the Dental Tribunal of New South Wales

• the Nursing and Midwifery Tribunal of New South Wales

• the Psychology Tribunal of New South Wales

• the Pharmacy Tribunal of New South Wales, and

• the Optometry Tribunal of New South Wales.

The reforms come as a result of the recommendation of the the Standing Committee on Law and Justice, which on 22 March 2012 released its report entitled “Opportunities to consolidate tribunals in NSW”. It was recommended by the committee that the government investigate the possibility of consolidation of existing tribunals in order to improve access to justice and provide a ‘one stop shop’ for minor disputes and review of administrative decisions. In response to concerns regarding potential impacts of consolidation, the committee recommended the establishment of separate divisions within any consolidated tribunal, aimed at focusing on specific areas of law and implementing specialist features of the existing tribunals. 

The committee also examined the best ways in which to improve access and to ensure procedural fairness, and recommended a focus on "increasing community awareness and online access, creating an internal appeals mechanism, consolidating existing facilities and providing user friendly forms, practices and procedures wherever possible."

Under the Bill, the new Tribunal will be comprised of five divisions. These will include the Occupational and Regulatory Division, dealing with matters arising under the HPNRNL Act, and Schedule 5 sets out specific provisions relating to the structure of this division, which will include a Health Practitioner Division List.

This Bill comes as the first stage in the process of abolishing the existing tribunals and transferring their functions to NCAT, and as the first Bill, the principal focus in this instance is to provide for the establishment of NCAT. Substantive functions will be conferred on NCAT in the second stage in the process of abolishing the existing tribunals, which will occur in 2013, and will involve the enactment of legislation to amend the proposed Act to add additional provisions concerning the constitution and functions of NCAT, and to repeal and amend certain other Acts and statutory rules so as to transfer jurisdiction from the existing tribunals to NCAT.   Subscribers can follow the progress of this Bill here. 

TimeBase’s LawOne Service guarantees reliable, accurate and convenient access toAustralian Legislation from all 9 jurisdictions delivered directly to your inbox through our Legislative Alert Service. Contact TimeBase for a free trial today.