New One Stop Shop Tribunal for NSW
Tuesday 4 February 2014 @ 12.14 p.m. | Judiciary, Legal Profession & Procedure
Established by the Civil and Administrative Tribunal Act 2013 (No. 2 of 2013), the new NSW Civil and Administrative Tribunal (NCAT) was officially launched on 1 January 2014 . The new ‘one stop shop’ for specialist tribunal services consolidates the work of 22 NSW tribunals including:
- the Administrative Decisions Tribunal (already an amalgamation of various state tribunals)
- the Consumer Trader and Tenancy Tribunal
- the Medical Tribunal and the Local Government Pecuniary Interest and Disciplinary Tribunal.
It is envisaged that the NCAT will improve the ease of access to tribunal services by providing a single service gateway across a broad range of matters.
The Tribunal was established following recommendations made by the Legislative Council’s Standing Committee on Law and Justice, which directed an inquiry into opportunities to amalgamate NSW tribunals. The parliamentary inquiry found the existing tribunal system was often ‘complex and bewildering’ and recommended consolidation to promote access to justice.
The approach is consistent with governments tactics across Australia over the last 15 years to create integrated civil and administrative tribunals; however, it will be different to Tribunals operating in Victoria, Western Australia, Queensland and the ACT as it will be using specialist experts and separating the tribunal out into specialities.
An internal appeals panel will enable quick and accessible reviews of the majority of tribunal decisions, overcoming challenges with the existing system which features limited avenues of appeal against the decisions of some tribunals. According to New South Wales Attorney General, Greg Smith all divisions of NCAT will be accountable for their determinations.
The Government’s response to the Standing Committee’s report is available here.
Four Divisions
The inaugural President of NCAT is a Supreme Court Judge, Robertson Wright SC. Each division will be headed by a Deputy President with relevant experience in that area.
Organised into four Divisions which include former tribunals, the NCAT will deal with a wide and varied range of matters from disputes about residential tenancy and building works to guardianship and administrative review of government decisions. Each division will be chaired by a Deputy President with relevant experience. Divisions include:
- the Administrative and Equal Opportunity Division (including the former Administrative Decisions Tribunal)
- the Consumer and Commercial Division (including the former Consumer Trade and Tenancy Tribunal)
- the Occupational Division (including former disciplinary tribunals), and
- the Guardianship Division.
Important Sources of Information
The substantive and procedural processes and procedures relevant to the NCAT may be identified by consulting the following:
- Civil and Administrative Tribunal Act 2013 (there is a consolidated version currently available) including the Schedules to that Act;
- Administrative Decisions Review Act 1997 (as amended —a consolidated version is not yet available)
- Civil and Administrative Legislation (Repeal and Amendment) Act 2013.
For more information about NCAT, including how to make an application, visit the NCAT website, or they can be contacted via phoneon 1300 006 228.
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