Queensland: Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Queensland Civil and Administrative Tribunal Act 2009 An Act to establish the Queensland Civil and Administrative Tribunal, to provide for the making and reviewing of particular decisions by the tribunal, and for other matters relating to the tribunal Chapter 1 Preliminary 1 Short title This Act may be cited as the Queensland Civil and Administrative Tribunal Act 2009. 2 Commencement (1) This Act, other than section 277A, commences on a day to be fixed by proclamation. (2) Section 277A commences on the day of assent of the State Penalties Enforcement and Other Legislation Amendment Act 2009. 3 Objects The objects of this Act are— (a) to establish an independent tribunal to deal with the matters it is empowered to deal with under this Act or an enabling Act; and (b) to have the tribunal deal with matters in a way that is accessible, fair, just, economical, informal and quick; and (c) to promote the quality and consistency of tribunal decisions; and (d) to enhance the quality and consistency of decisions made by decision-makers; and (e) to enhance the openness and accountability of public administration. 4 Tribunal's functions relating to the objects To achieve the objects of this Act, the tribunal must— (a) facilitate access to its services throughout Queensland; and (b) encourage the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and (c) ensure proceedings are conducted in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and (d) ensure like cases are treated alike; and (e) ensure the tribunal is accessible and responsive to the diverse needs of persons who use the tribunal; and (f) maintain specialist knowledge, expertise and experience of members and adjudicators; and (g) ensure the appropriate use of the knowledge, expertise and experience of members and adjudicators; and (h) encourage members and adjudicators to act in a way that promotes the collegiate nature of the tribunal; and (i) maintain a cohesive organisational structure. 5 Act binds all persons This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. 6 Relationship between this Act and enabling Acts generally (1) This Act provides for the tribunal's jurisdiction and related functions, and the practices and procedures for proceedings before the tribunal. (2) An enabling Act is— (a) an Act, other than this Act, that confers original, review or appeal jurisdiction on the tribunal; or (b) subordinate legislation, other than subordinate legislation under this Act, that confers review jurisdiction on the tribunal. (3) An enabling Act conferring original jurisdiction on the tribunal will generally state the tribunal's functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act. (4) An enabling Act that is an Act conferring review jurisdiction on the tribunal may state the tribunal's functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act. (5) An enabling Act conferring review jurisdiction on the tribunal may also confer jurisdiction on the tribunal to stay a decision made under the enabling Act while the decision is being reviewed under the enabling Act by an entity other than the tribunal. (6) An enabling Act conferring appeal jurisdiction on the tribunal may state the tribunal's functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act. (7) An enabling Act that is an Act may also include provisions about the following matters, which may add to, otherwise vary, or exclude provisions of this Act about the matters— (a) requirements about applications, referrals or appeals for jurisdiction conferred by the enabling Act; Examples— • the period within which an application, referral or appeal must be made • documents required to accompany an application, referral or appeal (b) the conduct of proceedings for jurisdiction conferred by the enabling Act, including practices and procedures, and the tribunal's powers, for the proceedings; Examples— • the availability or non-availability of stays of the operation of a decision the subject of a proceeding • persons who must be notified of a proceeding, a hearing of a proceeding or the tribunal's decision in a proceeding • additional persons who are a party to a proceeding • persons who may be represented in a proceeding without the tribunal's leave • hearings that must be held in private (c) the enforcement of the tribunal's decisions in a proceeding for jurisdiction conferred by the enabling Act. (8) This section does not limit another provision of this Act authorising an enabling Act to provide for a particular matter. (9) To remove any doubt, it is declared that an enabling Act that is subordinate legislation— (a) may only confer jurisdiction, including jurisdiction to stay a decision, on the tribunal; and (b) can not add to, otherwise vary, or exclude anything provided in this Act or an enabling Act that is an Act. 7 Application of Act if modifying provision in enabling Act (1) This section applies if a provision of an enabling Act (the modifying provision) provides for— (a) the tribunal's functions in jurisdiction conferred by the enabling Act; or (b) a matter mentioned in section 6(7). (2) The modifying provision prevails over the provisions of this Act, to the extent of any inconsistency between them. (3) This Act must be read, with any necessary changes, as if the modifying provision were a part of this Act. (4) Without limiting subsection (3)— (a) in a provision of this Act relating to a person starting a proceeding, a reference to the person doing something under this Act is taken to be a reference to the person doing the thing under this Act or a modifying provision; and (b) in a provision of this Act relating to the tribunal conducting a proceeding, a reference to the tribunal doing something under this Act is taken to be a reference to the tribunal doing the thing under this Act or a modifying provision. (5) This section does not prevent an enabling Act from expressly stating how this Act applies in relation to the modifying provision, including, for example, by stating that stated provisions of this Act do not apply, or apply subject to stated variations. (6) In this section— enabling Act means an enabling Act that is an Act. 8 Definitions The dictionary in schedule 3 defines particular words used in this Act. Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal Division 1 Preliminary 9 Jurisdiction generally (1) The tribunal has jurisdiction to deal with matters it is empowered to deal with under this Act or an enabling Act. (2) Jurisdiction conferred on the tribunal is— (a) original jurisdiction; or (b) review jurisdiction; or (c) appeal jurisdiction. (3) Without limiting the Acts Interpretation Act 1954, section 49A, an enabling Act confers jurisdiction on the tribunal to deal with a matter if the enabling Act provides for an application, referral or appeal to be made to the tribunal in relation to the matter. (4) The tribunal may do all things necessary or convenient for exercising its jurisdiction. Division 2 Original jurisdiction 10 Generally (1) The tribunal's original jurisdiction is— (a) the jurisdiction conferred on the tribunal by section 11; and (b) the jurisdiction conferred on the tribunal under an enabling Act to decide a matter in the first instance. (2) The tribunal's original jurisdiction under subsection (1)(b) includes jurisdiction conferred on the tribunal under an enabling Act to review a decision of the tribunal made under the enabling Act. Note— See, for example, the Guardianship and Administration Act 2000, chapter 3, part 3, division 2. 11 Jurisdiction for minor civil disputes The tribunal has jurisdiction to hear and decide a minor civil dispute. 11A Calculating whether amount, value, damage or sum is more than particular monetary limits (1) In determining whether the tribunal has original jurisdiction for a matter, the following amounts must not be considered in calculating whether an amount, value, damage or sum claimed, or sought to be recovered, in the matter is more than the monetary limit for the matter— (a) an amount of interest that is payable as of right whether because of a law, agreement or otherwise; (b) an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14. (2) However, this section does not apply in relation to a matter the tribunal may decide under an enabling Act in the first instance if the enabling Act provides that an amount mentioned in subsection (1)(a) or (b) must or may be considered in making the calculation mentioned in subsection (1). (3) In this section— monetary limit means— (a) for a minor civil dispute—the prescribed amount; or (b) for a matter the tribunal may decide under an enabling Act other than a minor civil dispute—an amount that, under the enabling Act, the amount, value, damage or sum claimed, or sought to be recovered, in the matter must not exceed. 12 When jurisdiction for minor civil dispute exercised (1) The tribunal may exercise its jurisdiction for a minor civil dispute if a relevant person has, under this Act, applied to the tribunal to deal with the dispute. (2) A relevant person may, as provided for in subsection (3), agree to limit the person's claim to the prescribed amount in order to bring the claim within the tribunal's jurisdiction for a minor civil dispute. (3) A relevant person limits the person's claim to the prescribed amount by applying to the tribunal to deal with the claim as a minor civil dispute. (4) In this section— relevant person means— (a) for a claim to recover a debt or liquidated demand of money—a person to whom the debt is owed or money is payable; or (b) subject to paragraphs (c) to (f), for a claim arising out of a contract between a consumer and a trader—the consumer; or (c) for a claim arising out of a contract between 2 or more traders—any of the traders; or (d) for a claim for payment of an amount for damage to property caused by, or arising out of the use of, a vehicle—a person incurring loss because of the damage; or (e) for a tenancy matter—a person who, under the Residential Tenancies and Rooming Accommodation Act 2008, may apply to the tribunal for a decision in relation to the matter; or (f) for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011—a party to the dispute; or (g) for a matter under the Building Act 1975, chapter 8, part 2A—a person who, under the Building Act 1975, chapter 8, part 2A may apply to the tribunal for a decision in relation to the matter. 13 Deciding minor civil dispute generally (1) In a proceeding for a minor civil dispute, the tribunal must make orders that it considers fair and equitable to the parties to the proceeding in order to resolve the dispute but may, if the tribunal considers it appropriate, make an order dismissing the application. (2) For subsection (1), the tribunal may make only the following final decisions to resolve the dispute— (a) for a claim mentioned in schedule 3, definition minor civil dispute, paragraph 1(a), (b) or (c)— (i) an order requiring a party to the proceeding to pay a stated amount to a stated person; or (ii) an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant; or (iii) an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates; or (iv) an order requiring a party to the proceeding to return goods that relate to the claim and are in the party's possession or control to a stated person; or (v) an order combining 2 or more orders mentioned in subparagraphs (i) to (iv); (b) for a tenancy matter—a decision the tribunal may make in relation to the matter under the Residential Tenancies and Rooming Accommodation Act 2008; (c) for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011—a decision or order the tribunal may make in relation to the matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011; (d) for a claim that is the subject of a dispute under the Building Act 1975, chapter 8, part 2A—a decision or order the tribunal may make in relation to the matter under the Building Act 1975, chapter 8, part 2A. (3) However, the tribunal can not make an order or decision under subsection (2) that— (a) purports to require payment of an amount, performance of work or return of goods of a value of more than the prescribed amount; or (b) purports to grant relief of a value of more than the prescribed amount from the payment of an amount; or (c) combines 2 or more orders mentioned in subsection (2)(a)(i) to (iv) and purports to award or declare entitlements or benefits (or both) of a total value of more than the prescribed amount. (4) Subsection (3) does not apply to a claim that is the subject of a dispute under the Building Act 1975, chapter 8, part 2A. (5) For subsection (3), the following amounts must not be considered in calculating whether an amount or value is more than the prescribed amount— (a) an amount of interest that is payable as of right whether because of a law, agreement or otherwise; (b) an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14. 14 Awarding interest for minor civil dispute (1) This section applies in relation to a minor civil dispute involving a claim to recover a debt or liquidated demand of money. (2) However, this section does not apply in relation to a minor civil dispute involving a claim to recover a debt or liquidated demand of money on which interest is payable as of right whether because of an agreement or otherwise. (3) The tribunal may order that there be included in the amount payable under the tribunal's order under section 13 for the dispute interest at the rate the tribunal considers appropriate— (a) for all or part of the amount; and (b) for all or part of the period between the date when the dispute arose and the date the tribunal made its order under section 13. (4) This section does not authorise the giving of interest on interest. 15 When jurisdiction conferred by enabling Act exercised The tribunal may exercise its original jurisdiction conferred by an enabling Act if— (a) a person has, under this Act, applied to the tribunal to exercise its original jurisdiction; or (b) a person has, under this Act, referred a matter to the tribunal to exercise its original jurisdiction. 16 Functions for jurisdiction conferred by enabling Act In exercising its original jurisdiction conferred by an enabling Act, the tribunal may perform the functions conferred on the tribunal by this Act or the enabling Act. Division 3 Review jurisdiction 17 Generally (1) The tribunal's review jurisdiction is the jurisdiction conferred on the tribunal by an enabling Act to review a decision made or taken to have been made by another entity under that Act. (2) For this Act, a decision mentioned in subsection (1) is a reviewable decision and the entity that made or is taken to have made the decision is the decision-maker for the reviewable decision. 18 When review jurisdiction exercised (1) The tribunal may exercise its review jurisdiction if a person has, under this Act, applied to the tribunal to exercise its review jurisdiction for a reviewable decision. (2) A person may apply to the tribunal to exercise its review jurisdiction for a reviewable decision, and the tribunal may deal with the application, even if the decision is also the subject of a complaint, preliminary inquiry or investigation under the Ombudsman Act 2001. 19 Exercising review jurisdiction generally In exercising its review jurisdiction, the tribunal— (a) must decide the review in accordance with this Act and the enabling Act under which the reviewable decision being reviewed was made; and (b) may perform the functions conferred on the tribunal by this Act or the enabling Act under which the reviewable decision being reviewed was made; and (c) has all the functions of the decision-maker for the reviewable decision being reviewed. 20 Review involves fresh hearing (1) The purpose of the review of a reviewable decision is to produce the correct and preferable decision. (2) The tribunal must hear and decide a review of a reviewable decision by way of a fresh hearing on the merits. 21 Decision-maker must help tribunal (1) In a proceeding for the review of a reviewable decision, the decision-maker for the reviewable decision must use his or her best endeavours to help the tribunal so that it can make its decision on the review. (2) Without limiting subsection (1), the decision-maker must provide the following to the tribunal within a reasonable period of not more than 28 days after the decision-maker is given a copy of the application for the review under section 37— (a) a written statement of the reasons for the decision; (b) any document or thing in the decision-maker's possession or control that may be relevant to the tribunal's review of the decision. (3) If the tribunal considers there are additional documents or things in the decision-maker's possession or control that may be relevant to the tribunal's review of the reviewable decision, the tribunal may, by written notice, require the decision-maker to provide the documents or things. (4) If the tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the tribunal may, by written notice, require the decision-maker to give the tribunal an additional statement containing stated further particulars. (5) The decision-maker must comply with a notice given under subsection (3) or (4) within the period stated in the notice. (6) A requirement under this section that the decision-maker give the tribunal information or a document or other thing applies despite any provision in an Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing. Notes— 1 Under section 66, the tribunal may make an order prohibiting the publication of the information, or the information contained in the document or thing, other than in the way and to the persons stated in the order. 2 Under section 90(2), the tribunal may direct a hearing, or a part of a hearing, in which the information, or information contained in the document or thing, is disclosed to be held in private. 22 Effect of review on reviewable decision (1) The start of a proceeding for the review of a reviewable decision under this Act does not affect the operation of the decision or prevent the implementation of the decision. (2) However, subsection (1) does not apply— (a) if an enabling Act that is an Act provides otherwise; or (b) to the extent the operation of all or part of the reviewable decision is stayed by an order of the tribunal under this section that is still in effect. (3) The tribunal may, on application of a party or on its own initiative, make an order staying the operation of all or part of a reviewable decision if a proceeding for the review of the decision has started under this Act. (4) The tribunal may make an order under subsection (3) only if it considers the order is desirable after having regard to the following— (a) the interests of any person whose interests may be affected by the making of the order or the order not being made; (b) any submission made to the tribunal by the decision-maker for the reviewable decision; (c) the public interest. (5) Subsection (4)(a) does not require the tribunal to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for the tribunal's consideration if it is satisfied it is not practicable because of the urgency of the case or for another reason. (6) In making an order under subsection (3), the tribunal— (a) may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or (b) may impose conditions on the order it considers appropriate; or (c) may provide for the lifting of the order if stated circumstances occur. (7) The tribunal may assess damages for subsection (6)(a). (8) The tribunal's power to assess damages under subsection (7) is exercisable only by a legally qualified member. 23 Inviting decision-maker to reconsider decision (1) At any stage of a proceeding for the review of a reviewable decision, the tribunal may invite the decision-maker for the decision to reconsider the decision. (2) If the decision-maker for a reviewable decision is invited to reconsider the decision under subsection (1), the decision-maker— (a) has 28 days to reconsider the decision; and (b) may— (i) confirm the decision; or (ii) amend the decision; or (iii) set aside the decision and substitute a new decision. (3) If, under subsection (2), the decision-maker for a reviewable decision confirms the decision, the proceeding for the review of the decision must continue. (4) If, under subsection (2), the decision-maker for a reviewable decision (first decision) amends the decision or sets the decision aside and substitutes another decision for it— (a) the first decision as amended or the decision substituted for the first decision is taken to be the reviewable decision for this Act and the enabling Act; and (b) the review must continue for the reviewable decision unless the applicant for the review withdraws the application for review; and (c) if a person other than the applicant applies to the tribunal to review the reviewable decision—the tribunal may hear and decide each application for the review of the reviewable decision. 24 Functions for review jurisdiction (1) In a proceeding for a review of a reviewable decision, the tribunal may— (a) confirm or amend the decision; or (b) set aside the decision and substitute its own decision; or (c) set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with the directions the tribunal considers appropriate. (2) The tribunal's decision under subsection (1)(a) or (b) for a reviewable decision— (a) is taken to be a decision of the decision-maker for the reviewable decision except for the tribunal's review jurisdiction or an appeal under part 8; and (b) subject to any contrary order of the tribunal, has effect from when the reviewable decision takes or took effect. (3) The tribunal may make, to the chief executive of the entity in which the reviewable decision was made, written recommendations about the policies, practices and procedures applying to reviewable decisions of the same kind. (4) If the tribunal makes written recommendations under subsection (3) and the chief executive is not the decision-maker for the reviewable decision, the tribunal must give a copy of the recommendations to the decision-maker. (5) In this section— chief executive includes chief executive officer. Division 4 Appeal jurisdiction 25 Generally The tribunal's appeal jurisdiction is— (a) the jurisdiction conferred on the tribunal by section 26; and (b) the jurisdiction conferred on the tribunal by an enabling Act to hear and decide an appeal against a decision of another entity under that Act. 26 Jurisdiction for decisions of the tribunal The tribunal has jurisdiction to hear and decide an appeal against a decision of the tribunal in the circumstances mentioned in section 142. 27 When appeal jurisdiction exercised The tribunal may exercise its appeal jurisdiction if a person has, under this Act or an enabling Act, appealed to the tribunal against a decision for which it has appeal jurisdiction. Note— Part 8, division 1 provides for how an appeal is made under this Act and how the tribunal's appeal jurisdiction is exercised. Part 2 Practices and procedures 28 Conducting proceedings generally (1) The procedure for a proceeding is at the discretion of the tribunal, subject to this Act, an enabling Act and the rules. (2) In all proceedings, the tribunal must act fairly and according to the substantial merits of the case. (3) In conducting a proceeding, the tribunal— (a) must observe the rules of natural justice; and (b) is not bound by the rules of evidence, or any practices or procedures applying to courts of record, other than to the extent the tribunal adopts the rules, practices or procedures; and (c) may inform itself in any way it considers appropriate; and (d) must act with as little formality and technicality and with as much speed as the requirements of this Act, an enabling Act or the rules and a proper consideration of the matters before the tribunal permit; and (e) must ensure, so far as is practicable, that all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts. (4) Without limiting subsection (3)(b), the tribunal may admit into evidence the contents of any document despite the noncompliance with any time limit or other requirement under this Act, an enabling Act or the rules relating to the document or the service of it. 29 Ensuring proper understanding and regard (1) The tribunal must take all reasonable steps to— (a) ensure each party to a proceeding understands— (i) the practices and procedures of the tribunal; and (ii) the nature of assertions made in the proceeding and the legal implications of the assertions; and (iii) any decision of the tribunal relating to the proceeding; and (b) understand the actions, expressed views and assertions of a party to or witness in the proceeding, having regard to the party's or witness's age, any disability, and cultural, religious and socioeconomic background; and (c) ensure proceedings are conducted in a way that recognises and is responsive to— (i) cultural diversity, Aboriginal tradition and Island custom, including the needs of a party to or witness in the proceeding who is from another culture or linguistic background or is an Aboriginal person or Torres Strait Islander; and (ii) the needs of a party to, or witness in, the proceeding who is a child or a person with impaired capacity or a physical disability. (2) The steps that can be taken for ensuring a person understands something mentioned in subsection (1)(a) include, for example— (a) explaining the matters to the person; or (b) having an interpreter or other person able to communicate effectively with the person give the explanation; or (c) supplying an explanatory note in English or another language. 30 Principal registrar to help parties and potential parties The principal registrar must give parties and potential parties reasonable help to ensure their understanding of the tribunal's practices and procedures, including, for example, reasonable help to complete forms required under this Act or the rules. 31 Related criminal or disciplinary action (1) This section applies if matters arising in a proceeding involve the contravention, or the alleged contravention, of an Act by a person. (2) Unless an enabling Act that is an Act provides otherwise, the tribunal may make its final decision in the proceeding whether or not the person— (a) has been charged with, convicted of or sentenced for an offence arising out of the contravention; or (b) may be, is, or has been, subject to disciplinary action (including a proceeding before the tribunal) relating to the contravention under an Act. 32 Proceeding by remote conferencing or on the papers (1) The tribunal may, if appropriate, conduct all or a part of a proceeding by remote conferencing. (2) The tribunal may, if appropriate, conduct all or a part of a proceeding entirely on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing. (3) If the tribunal conducts a proceeding under subsection (1) or (2), the tribunal must ensure the public has access to, or is precluded from access to, matters disclosed in the proceeding to the same extent as if the proceeding had been heard before the tribunal with the attendance in person of all persons involved. (4) Provisions of this Act applying to a hearing apply with necessary changes in relation to a proceeding conducted under subsection (1) or (2). Examples— 1 If a hearing is conducted under subsection (1), section 90 continues to apply to the proceeding as if the participants in the hearing were present before the tribunal. 2 If a hearing is conducted under subsection (2), section 92 will have no application. (5) In this section— remote conferencing means— (a) teleconferencing; or (b) videoconferencing; or (c) another form of communication that allows persons taking part in the proceeding to hear and take part in discussions as they happen. Part 3 Starting proceeding 33 Making an application (1) This section applies if this Act or an enabling Act provides that a person may apply to the tribunal to deal with a matter. (2) The application must— (a) be in a form substantially complying with the rules; and (b) state the reasons for the application; and (c) be filed in the registry. (3) If the application is for the review of a reviewable decision, the application must be made, by filing it in the registry, within 28 days after the relevant day. Notes— 1 Under section 6(7), an enabling Act that is an Act may provide for a different period within which a person must make an application. 2 Under section 61, the tribunal may extend the period within which a person must make an application. (4) In this section— relevant day, for an application for the review of a reviewable decision, means— (a) the day the applicant is notified of the decision; or (b) if the applicant has applied to the decision-maker for a written statement of reasons for the decision under section 158—the earlier of the following days— (i) the day the written statement is given to the applicant; (ii) the day by which the written statement is required to be given to the applicant under that section; or (c) if the applicant has applied to the tribunal for an order under section 159— (i) if the tribunal makes the order—the earlier of the following days— (A) the day the written statement of reasons the subject of the order is given to the applicant; (B) the day by which the written statement of reasons the subject of the order is required to be given to the applicant under the order; or (ii) if the tribunal does not make the order—the day the applicant is notified of the tribunal's decision to not make the order. 34 Referring matter (1) This section applies if an enabling Act provides for the referral of a matter to the tribunal. (2) The referral must be made— (a) within the period provided for under the enabling Act; and (b) in a way complying with the rules. 35 Acceptance or rejection of application or referral (1) This section applies if a person makes an application, or refers a matter, to the tribunal. (2) The principal registrar may— (a) accept the application or referral without imposing any conditions; or (b) accept the application or referral on conditions stated in the rules; or (c) reject the application or referral on a ground mentioned in subsection (3); or (d) refer the application or referral to the tribunal if the principal registrar believes there is a ground for rejecting the application or referral under subsection (3). (3) The principal registrar may reject an application or referral on any of the following grounds— (a) the application or referral is made by a person who is not authorised to make it; (b) the application or referral is made after the expiry of the period within which it is required to be made under this Act; (c) the application or referral does not otherwise comply with this Act, an enabling Act or the rules. (4) If the principal registrar rejects an application or referral, or accepts an application or referral on conditions— (a) the principal registrar must notify the applicant that the applicant may request the principal registrar to refer the decision to the tribunal for review; and (b) if the applicant makes the request, the principal registrar must refer the decision to the tribunal for review. (5) No fee is payable for a request for a referral under subsection (4). (6) If the question of whether or not an application or referral should be rejected is referred to the tribunal under subsection (2)(d) or (4)(b), the tribunal must direct the principal registrar— (a) to reject the application or referral; or (b) to accept the application or referral on stated conditions or no conditions. (7) If the question of whether or not an application or referral should be accepted on stated conditions is referred to the tribunal under subsection (4)(b), the tribunal must direct the principal registrar— (a) to accept the application or referral on no conditions; or (b) to accept the application or referral on the stated conditions or different conditions; or (c) to reject the application or referral. (8) The tribunal may direct the principal registrar to reject an application or referral only if a ground for rejecting the application or referral under subsection (3) exists. Note— A decision of the tribunal under subsection (6) or (7) is not subject to appeal under part 8. See sections 142(2) and 149(4). 36 When proceeding starts A proceeding starts when the principal registrar accepts an application or referral, whether or not on conditions. Note— However, under section 38, the tribunal must not take any action on the application or referral until the prescribed fee, if any, for the application or referral is paid. 37 Notice (1) This section applies if a proceeding is started under section 36 for an application or referral. (2) The applicant for the application or referral must, within the period stated in the rules, give a copy of the application or referral to— (a) each party to the proceeding; and (b) each other person to whom notice of the proceeding must be given under an enabling Act or the rules; and (c) any person the tribunal directs to be given notice of the proceeding. Note— See the rules for provisions about how the copy must, or may, be given and provisions about responding to an application. (3) Subsection (2) does not require the applicant to give a copy of the application or referral to another person if— (a) the principal registrar has given or undertaken to give the copy to the person; or (b) under subsection (4), the tribunal makes an order that the copy is not required to be given to the person; or (c) the rules exempt the applicant from the requirement to give the copy to the person. (4) The tribunal may make an order exempting the applicant from giving a copy of the application or referral to a person if the tribunal is satisfied— (a) the applicant has made all reasonable attempts to give the copy to the person but has been unsuccessful; or (b) the making and deciding of the application or referral without notice to the person will not cause injustice. (5) The tribunal may act under subsection (4) on the application of the applicant or on the tribunal's own initiative. (6) The tribunal's power to act under subsection (4) is exercisable only by a legally qualified member or an adjudicator. 38 Prescribed fees (1) An applicant for an application or referral must pay the prescribed fee, if any, for the application or referral. (2) The tribunal must not take any action on an application or referral until the fee is paid. (3) Subsection (2) does not prevent the tribunal directing the principal registrar to accept or reject an application or referral under section 35. Part 4 Parties to a proceeding 39 Parties to original jurisdiction A person is a party to a proceeding in the tribunal's original jurisdiction if the person is— (a) the applicant; or (b) a person in relation to whom a decision of the tribunal is sought by the applicant; or (c) intervening in the proceeding under section 41; or (d) joined as a party to the proceeding under section 42; or (e) someone else an enabling Act states is a party to the proceeding. 40 Parties to review jurisdiction (1) A person is a party to a proceeding in the tribunal's review jurisdiction if the person is— (a) the applicant; or (b) the decision-maker for the reviewable decision the subject matter of the proceeding; or (c) intervening in the proceeding under section 41; or (d) joined as a party to the proceeding under section 42; or (e) someone else an enabling Act states is a party to the proceeding. (2) In a proceeding in the tribunal's review jurisdiction, so far as is practicable, the official description of the decision-maker must be used as the party's name instead of the decision-maker's name. 41 Intervention (1) The Attorney-General may, for the State, intervene in a proceeding at any time. (2) The tribunal may, at any time, give leave for a person to intervene in a proceeding, subject to the conditions the tribunal considers appropriate. 42 Joining and removing parties (1) The tribunal may make an order joining a person as a party to a proceeding if the tribunal considers that— (a) the person should be bound by or have the benefit of a decision of the tribunal in the proceeding; or (b) the person's interests may be affected by the proceeding; or (c) for another reason, it is desirable that the person be joined as a party to the proceeding. (2) The tribunal may order that a party be removed from a proceeding if the tribunal considers that— (a) the party's interests are not, or are no longer, affected by the proceeding; or (b) the party is not a proper or necessary party to the proceeding, whether or not the party was one originally. (3) The tribunal may make an order under subsection (1) or (2) on the application of a person or on its own initiative. 43 Representation (1) The main purpose of this section is to have parties represent themselves unless the interests of justice require otherwise. (2) In a proceeding, a party— (a) may appear without representation; or (b) may be represented by someone else if— (i) the party is a child or a person with impaired capacity; or (ii) the proceeding relates to taking disciplinary action, or reviewing a decision about taking disciplinary action, against a person; or (iii) an enabling Act that is an Act, or the rules, states the person may be represented; or (iv) the party has been given leave by the tribunal to be represented. (3) In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave— (a) the party is a State agency; (b) the proceeding is likely to involve complex questions of fact or law; (c) another party to the proceeding is represented in the proceeding; (d) all of the parties have agreed to the party being represented in the proceeding. (4) A party can not be represented in a proceeding by a person— (a) who, under rules made under section 224(3), is disqualified from being a representative of a party to a proceeding; or (b) who is not an Australian legal practitioner or government legal officer, unless the tribunal is satisfied the person is an appropriate person to represent the party. (5) A person who is not an Australian legal practitioner or government legal officer and who is seeking to represent a party in a proceeding must give the tribunal a certificate of authority from the party for the representation if— (a) the party is a corporation; or (b) the tribunal has asked for the certificate. (6) The tribunal may appoint a person to represent an unrepresented party. (7) In this section— Australian legal practitioner see the Legal Profession Act 2007. government legal officer see the Legal Profession Act 2007. 44 Use of interpreters and other persons (1) Unless the tribunal directs otherwise, a party to a proceeding or a witness may be helped in a proceeding by— (a) an interpreter; or (b) another person necessary or desirable to make the proceeding intelligible to the party or witness, including, for example, a person with appropriate cultural or social knowledge and experience. (2) Without limiting subsection (1), the tribunal may arrange for an interpreter or another person to help a party or witness. (3) In this section— interpreter includes a person who interprets signs made or other things done by a person who can not speak or can not speak clearly enough to take part in a proceeding. 45 General obligation of parties Each party to a proceeding must act quickly in any dealing relevant to the proceeding. Note— For possible consequences for a contravention of this section, see sections 48 (Dismissing, striking out or deciding if party causing disadvantage) and 102 (Costs against party in interests of justice). Part 5 Preliminary dealings with proceeding Division 1 Early end to proceeding 46 Withdrawal of application or referral (1) An applicant may, in the way stated in the rules, withdraw the applicant's application or referral for a matter before the matter is heard and decided by the tribunal. (2) However, if the application or referral is made under any of the following, the applicant may withdraw the application or referral only with the leave of the tribunal— (a) the Child Protection Act 1999; (b) the Disability Services Act 2006, section 178(9); (c) the Guardianship and Administration Act 2000; (d) the Powers of Attorney Act 1998. (3) If an applicant withdraws an application or referral, the applicant can not make a further application or referral, or request, require or otherwise seek a further referral, relating to the same facts or circumstances without leave of the tribunal. 47 Dismissing, striking out or deciding if unjustified proceeding or part (1) This section applies if the tribunal considers a proceeding or a part of a proceeding is— (a) frivolous, vexatious or misconceived; or (b) lacking in substance; or (c) otherwise an abuse of process. (2) The tribunal may— (a) if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out; or (b) for a part of a proceeding brought before the tribunal by a party other than the applicant for the proceeding— (i) make its final decision in the proceeding in the applicant's favour; or (ii) order that the party who brought the part before the tribunal be removed from the proceeding; or (c) make a costs order against the party who brought the proceeding or part before the tribunal to compensate another party for any reasonable costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding or part. Note— See section 108 for the tribunal's power to order that the costs be paid before it continues with the proceeding. (3) The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal's own initiative. (4) The tribunal's power to act under subsection (2) is exercisable only by— (a) the tribunal as constituted for the proceeding; or (b) if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator. 48 Dismissing, striking out or deciding if party causing disadvantage (1) This section applies if the tribunal considers a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including by— (a) not complying with a tribunal order or direction without reasonable excuse; or (b) not complying with this Act, an enabling Act or the rules; or (c) asking for an adjournment as a result of conduct mentioned in paragraph (a) or (b); or (d) causing an adjournment; or (e) attempting to deceive another party or the tribunal; or (f) vexatiously conducting the proceeding; or (g) failing to attend conciliation, mediation or the hearing of the proceeding without reasonable excuse. (2) The tribunal may— (a) if the party causing the disadvantage is the applicant for the proceeding, order the proceeding be dismissed or struck out; or (b) if the party causing the disadvantage is not the applicant for the proceeding— (i) make its final decision in the proceeding in the applicant's favour; or (ii) order that the party causing the disadvantage be removed from the proceeding; or (c) make an order under section 102, against the party causing the disadvantage, to compensate another party for any reasonable costs incurred unnecessarily. Note— See section 108 for the tribunal's power to order that the costs be paid before it continues with the proceeding. (3) In acting under subsection (2), the tribunal must have regard to the following— (a) the extent to which the party causing the disadvantage is familiar with the tribunal's practices and procedures; (b) the capacity of the party causing the disadvantage to understand, and act on, the tribunal's orders and directions; (c) whether the party causing the disadvantage is acting deliberately. (4) The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal's own initiative. (5) The tribunal's power to act under subsection (2) is exercisable only by— (a) the tribunal as constituted for the proceeding; or (b) if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator. 49 Reinstatement of proceeding and restriction on new application or referral (1) This section applies if the tribunal has ordered— (a) a proceeding or a part of a proceeding be dismissed or struck out under section 47; or (b) a proceeding be dismissed or struck out under section 48. (2) Another proceeding or a part of a proceeding of the same kind relating to the same matter can not be started before the tribunal without the leave of the president or deputy president. (3) The president or deputy president may give the leave if the president or deputy president considers the interests of justice requires it to be given. (4) In giving leave to start another proceeding or part of a proceeding, the president or deputy president may extend any time limit for starting the proceeding or part. (5) If the tribunal considers a proceeding has been dismissed or struck out in error, the tribunal may order that the proceeding be reinstated. (6) The tribunal may act under subsection (5) on the application of a party to the proceeding or on the tribunal's own initiative. Division 2 Decision by default 50 Decision by default for debt or liquidated demand of money (1) This section applies if— (a) a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the respondent); and (b) an enabling Act that is an Act or the rules state that the respondent must respond to the application within a stated period; and (c) the respondent has not responded to the application within the stated period. (2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default for an amount limited to— (a) the amount claimed in the application starting the proceeding; and (b) interest on the amount claimed at the rate the tribunal considers appropriate; and (c) either— (i) for an application for a minor civil dispute—costs stated in the rules as costs that may be awarded for minor civil disputes under section 102; or (ii) for an application other than for a minor civil dispute— (A) the fee paid for the application; and (B) legal costs based on a scale stated in the rules. (3) If the applicant applies for a decision by default under this section the principal registrar may make the decision. (4) A decision by default given under subsection (3) is taken to be a final decision of the tribunal in the proceeding. (5) The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section. 50A Decision by default for unliquidated damages (1) This section applies if— (a) a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the respondent); and (b) an enabling Act that is an Act, or the rules, states that the respondent must respond to the application within a stated period; and (c) the respondent has not responded to the application within the stated period. (2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default conditional on the assessment by the tribunal of the unliquidated damages. (3) The application may also include a claim for— (a) any liquidated amount claimed in the application starting the proceeding; and (b) interest on the liquidated amount claimed at the rate the tribunal considers appropriate; and (c) the fee paid for the application; and (d) legal costs based on a scale stated in the rules. (4) The principal registrar may decide the application. (5) If a decision by default is given under subsection (4)— (a) the decision is taken to be a final decision of the tribunal in the proceeding; and (b) the tribunal must assess the unliquidated damages. (6) The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section. 51 Setting aside decision by default The tribunal, on application by the respondent, may set aside or amend a decision by default on terms, including terms about costs and the giving of security, the tribunal considers appropriate. 51A Effect of application under s 51 on decision by default (1) An application under section 51 to set aside or amend a decision by default does not affect the operation of the decision or prevent the taking of action to implement the decision. (2) However, the tribunal may make an order staying the operation of the decision by default until the application to set aside or amend the decision is finally decided. (3) The tribunal may act under subsection (2) on the application of a party to the decision by default or on its own initiative. Division 3 Transfer 52 Transfer to more appropriate forum (1) If the tribunal considers the subject matter of a proceeding or a part of a proceeding would be more appropriately dealt with by another tribunal, a court or another entity, the tribunal may, by order, transfer the matter to which the proceeding or part relates to the other tribunal, the court or the other entity. (2) If the tribunal considers it does not have jurisdiction to hear all matters in a proceeding, the tribunal may, by order, transfer the matter or matters for which it does not have jurisdiction to— (a) a court of competent jurisdiction; or (b) another tribunal or entity having jurisdiction to deal with the matter or matters. (3) The tribunal may make an order under subsection (2)(a) even though the proceeding has previously been transferred from a court to the tribunal under section 53. (4) If the tribunal transfers a matter to another tribunal, a court or another entity (the relevant entity) under this section— (a) a proceeding for the matter is taken to have been started before the relevant entity when it was started before the tribunal; and (b) the tribunal may make the orders or give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under an Act or other law for starting a proceeding before the relevant entity. (5) An order under subsection (4)(b) has effect despite any other Act or law. (6) The tribunal may act under this section on the application of a party to the proceeding or on its own initiative. (7) The tribunal's power to act under this section is exercisable only by a legally qualified member. (8) In this section— proceeding includes a process for the consideration of a matter. 53 Transfer from a court (1) If a proceeding is started in a court and the subject matter of the proceeding could be heard by the tribunal under this Act, the court may, by order, transfer the proceeding to the tribunal. (2) If a court transfers a proceeding to the tribunal under subsection (1)— (a) the proceeding is taken to have been started before the tribunal when it was started in the court; and (b) the court may make the orders and give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, an enabling Act or the rules for starting a proceeding before the tribunal. (3) An order under subsection (2)(b) has effect despite any provision of this Act, an enabling Act or the rules. (4) A court may act under this section on the application of a party to the proceeding or on its own initiative. Division 4 Consolidation or sequence directions 54 Consolidation (1) The tribunal may direct that 2 or more proceedings concerning the same or related facts and circumstances be consolidated into 1 proceeding. (2) The tribunal's power to give a direction under subsection (1) is exercisable only by a legally qualified member or an adjudicator. (3) If 2 or more proceedings (each a pre-consolidation proceeding) are consolidated under subsection (1), evidence given in a pre-consolidation proceeding may also be given in the consolidated proceeding in relation to each of the other pre-consolidation proceedings. 55 Sequence (1) The tribunal may direct that 2 or more proceedings concerning the same or related facts and circumstances— (a) remain as separate proceedings but be heard and decided together; or (b) be heard in a particular sequence. (2) The tribunal's power to give a direction under subsection (1) is exercisable only by a legally qualified member or an adjudicator. 56 Variation of direction (1) Before or during the hearing of a consolidated proceeding or of proceedings directed to be heard together or in a particular sequence, the tribunal may direct that the proceedings be separated or heard in another sequence. (2) The tribunal's power to act under subsection (1) is exercisable only by— (a) the tribunal as constituted for the proceeding or proceedings; or (b) if the tribunal has not been constituted for the proceeding or proceedings—a legally qualified member or an adjudicator. Part 6 Other provisions about a proceeding Division 1 Procedural powers 57 General powers (1) The tribunal may— (a) take evidence on oath; or (b) act in the absence of a party who has had reasonable notice of a proceeding; or (c) adjourn a proceeding. (2) The tribunal— (a) may require a person appearing before the tribunal to give evidence on oath; and (b) may administer an oath to the person. (3) The tribunal may permit a person appearing as a witness before the tribunal to give evidence by tendering a written statement, verified, if the tribunal directs, by oath. 58 Interim orders (1) Before making a final decision in a proceeding, the tribunal may make an interim order it considers appropriate in the interests of justice, including, for example— (a) to protect a party's position for the duration of the proceeding; or (b) to require or permit something to be done to secure the effectiveness of the exercise of the tribunal's jurisdiction for the proceeding. Note— See also section 22(3) for the tribunal's power to stay the operation of a reviewable decision while it is being reviewed by the tribunal. (2) The tribunal may make an interim order on the application of a party to the proceeding or on its own initiative. (3) In making an interim order, the tribunal— (a) may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or (b) may provide for the lifting of the order if stated conditions are met. (4) The tribunal may assess damages for subsection (3)(a). (5) The tribunal's power to assess damages under subsection (4) is exercisable only by a legally qualified member. (6) In this section— interim order means an order that has effect for the duration of a proceeding or a shorter period. 59 Injunctions (1) The tribunal may, by order, grant an injunction, including an interim injunction, in a proceeding if it is just and convenient to do so. (2) The tribunal may make an order granting an interim injunction whether or not it has given any person whose interests may be affected by the order an opportunity to be heard. (3) The tribunal may act under subsection (1) on the application of a party to the proceeding or on its own initiative. (4) The tribunal's power to act under subsection (1) is exercisable only by a legally qualified member. (5) The tribunal's power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make an order in the nature of an injunction. (6) In making an order under subsection (1), the tribunal— (a) may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or (b) may provide for the lifting of the order if stated conditions are met. (7) The tribunal may assess damages for subsection (6)(a). (8) The tribunal's power to assess damages under subsection (7) is exercisable only by a legally qualified member. (9) In this section— interim injunction means an injunction that has effect for the duration of a proceeding or a shorter period. 60 Declarations (1) The tribunal may make a declaration about a matter in a proceeding— (a) instead of making an order it could make about the matter; or (b) in addition to an order it could make about the matter. (2) The tribunal may make an order it considers necessary or desirable to give effect to a declaration under subsection (1). (3) A declaration under subsection (1) is binding on the parties to the proceeding mentioned in the declaration. (4) The tribunal's power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make a declaration. (5) The tribunal's power to act under subsection (1) or (2) is exercisable only by a legally qualified member. 61 Relief from procedural requirements (1) The tribunal may, by order— (a) extend a time limit fixed for the start of a proceeding by this Act or an enabling Act; or (b) extend or shorten a time limit fixed by this Act, an enabling Act or the rules; or (c) waive compliance with another procedural requirement under this Act, an enabling Act or the rules. (2) An extension or waiver may be given under subsection (1) even if the time for complying with the relevant requirement has passed. (3) The tribunal can not extend or shorten a time limit or waive compliance with another procedural requirement if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party to a proceeding. (4) The tribunal may act under subsection (1) on the application of a party or potential party to the proceeding or on its own initiative. (5) The tribunal's power to act under subsection (1) is exercisable only by— (a) the tribunal as constituted for the proceeding; or (b) a legally qualified member, an adjudicator or the principal registrar. 62 Directions (1) The tribunal may give a direction at any time in a proceeding and do whatev