Part 2 Establishment of Tribunal
Division 1 Establishment and functions
6 Residential Tribunal
(1) A Residential Tribunal of New South Wales is established by this
(2) The Tribunal has and may exercise such functions as are conferred
or imposed on it by or under this or any other Act or law.
Note. The following Acts confer jurisdiction on the Tribunal:
Community Land Management Act
Residential Parks Act
Residential Tenancies Act
Retirement Villages Act
Strata Schemes Management Act
7 Members of Tribunal
The Tribunal consists of the following members:
(a) a Chairperson,
(b) a Deputy Chairperson or Deputy Chairpersons,
(c) senior members,
(d) other members.
Division 2 Membership of Tribunal
8 Appointment of members of Tribunal
(1) The members of the Tribunal are to be appointed by the
(2) A member of the Tribunal may be appointed on a full-time basis or
a part-time basis.
9 Qualifications and terms of office of members
(1) A person is eligible to be appointed as the Chairperson or a
Deputy Chairperson only if the person is qualified to be a
(2) A person is eligible to be appointed as a senior member only if
the person is a legal practitioner, or is qualified to be admitted as a legal
practitioner, in New South Wales.
(3) A person is eligible to be appointed as a member of the Tribunal
(other than the Chairperson, a Deputy Chairperson or a senior member) only if
the person has the qualifications or skills determined by the
(4) Schedule 1 has effect with respect to the members of the
10 Functions of Chairperson
(1) The Chairperson is the executive officer of the Tribunal and is
responsible for the overall operation and administration of the
(2) The Chairperson must:
(a) monitor the operations of the Tribunal to ensure that those
operations are just, economical, informal and as speedy as practicable,
(b) allocate the work of the Tribunal among the members (including the
Chairperson) in accordance with directions under this
(3) Without limiting the operation of subsection (1), the Chairperson
may give directions as to:
(a) the arrangement of the business of the Tribunal,
(b) the practice and procedure to be followed in, or for the purposes
of, proceedings before the Tribunal, or in alternative dispute resolution
procedures under this Act, and
(c) the places at which the Tribunal may sit, and
(d) the procedure of the Tribunal generally, and
(e) the procedure of the Tribunal at a particular place,
(f) any matter in respect of which the Chairperson is authorised by or
under this Act or any other law to give directions, and
(g) subject to this Act, the regulations and any other law—any
matter necessary or convenient to be determined by direction of the
Chairperson for carrying out or giving effect to this
(4) Subject to the regulations, the functions of the Chairperson
(other than a power of delegation under this section) may be delegated to any
member of the Tribunal or to the Registrar or another staff member of the
Note. Section 49 of the Interpretation
Act 1987 contains general provisions relating to the
delegation of functions.
11 Functions of Tribunal members
A member of the Tribunal has and may exercise the functions
conferred or imposed on the member by or under this or any other Act or
Division 3 Organisation
12 Divisions of Tribunal
(1) The Tribunal comprises such Divisions as the regulations may
(2) An Act or law conferring jurisdiction on the Tribunal may provide
for that jurisdiction to be exercised in any specified Division of the
(3) In case of any doubt, the proper Division for dealing with any
matter may be determined by the Registrar.
(4) Matters may be transferred between Divisions in accordance with
directions of the Chairperson.
13 Constitution of Tribunal for particular
(1) For the purposes of any proceedings, the Tribunal may be
constituted by one, two or three of its members.
(2) The Chairperson may give directions as to which members are to
constitute the Tribunal for the purposes of any particular proceedings or
class of proceedings.
(3) In giving a direction as to the members who are to constitute the
Tribunal for the purposes of any particular proceedings, the Chairperson is to
have due regard to the degree of public importance or complexity of the
matters to which the proceedings relate.
(4) A direction under this section in respect of particular
proceedings may be revoked, and another given in its place:
(a) at any time after the giving of the direction and before the
commencement of the hearing of the proceedings, or
(b) if the member constituting the Tribunal (or, in the case of
proceedings before the Tribunal where it is constituted by two or more
members, one of those members) during the hearing of the proceedings, or after
the completion of the hearing but before the matter to which the proceedings
relate is determined:
(i) ceases to be a member, or
(ii) ceases to be available for the purposes of the
at any time after the member ceases to be a member or to be
(5) The Tribunal, if reconstituted in accordance with subsection (4)
(b), may, for the purposes of the proceedings, have regard to any record of
the proceedings before the Tribunal as previously constituted, including a
record of any evidence taken in the proceedings.
14 Sittings of Tribunal
More than one sitting of the Tribunal, or of any Division of the
Tribunal, may be held at the same time.
15 Annual report
(1) As soon as practicable after 30 June (but on or before 31
December) in each year, the Chairperson must provide the Minister with a
report on the operations of the Tribunal for the period ending on 30 June in
(2) The Minister is to lay the report, or cause it to be laid, before
both Houses of Parliament as soon as practicable after receiving the
Division 4 Assessors
16 Appointment of assessors
(1) The Chairperson may appoint any person whose name is on the list
compiled under Schedule 2 as an assessor for the purpose of particular
proceedings before the Tribunal.
(2) An assessor has the functions conferred or imposed on an assessor
by or under this or any other Act or law.
(3) Schedule 2 applies to and in respect of an assessor appointed
under this section.
17 Inquiries by assessors
(1) If proceedings are pending in the Tribunal, the Tribunal or the
Chairperson may, with the consent of the parties, direct that an inquiry into
any issue raised in, or other matter connected with, the proceedings be made
by a single assessor.
(2) The assessor making such an inquiry is to make a report to the
(3) If a report is made to the Tribunal under this section, the
Registrar is to furnish a copy of the report to each of the parties as soon as
(4) The Tribunal may adopt any findings or observations set out in a
report under this section.
(5) An assessor, in making an inquiry under this section, has and may
exercise such functions as the regulations may
(6) An assessor who has made an inquiry under this section in relation
to any proceedings is disqualified from further participation in those
proceedings unless the parties otherwise agree.
18 Assessors sitting with Tribunal
(1) If proceedings are pending in the Tribunal, the Tribunal may, in
determining the proceedings or any part of the proceedings, be assisted by one
or more assessors.
(2) An assessor assisting the Tribunal under this section may assist
and advise the Tribunal, but is not to adjudicate on any matter before the
(3) The Tribunal may dispense with the services of an assessor at any
stage of the proceedings.
Division 5 Registrar and staff
19 Appointment of Registrar and staff
(1) A Registrar of the Tribunal and such Deputy Registrars and other
staff as may be necessary for the purposes of this Act may be employed under
Part 2 of the Public Sector Management Act
(2) The Tribunal may also employ staff. Part 2 of the Public Sector Management Act 1988
does not apply to or in respect of staff appointed under this
(3) The Chairperson may on behalf of the Tribunal enter into
arrangements with any government agency, or other body or person (whether in
the public or private sector) for the provision of assistance to the Tribunal
in connection with the exercise of its functions.
20 Functions of Registrar and Deputy Registrars
(1) The Registrar has the following functions:
(a) to assist the Chairperson in managing the affairs of the
(b) such judicial, administrative or other functions as may be
conferred or imposed on the Registrar by or under this or any other Act or
(2) A Deputy Registrar may exercise the functions of the
(a) as directed by the Registrar, and
(b) during the absence of, or a vacancy in the office of, the
(3) Anything done or omitted to be done by a Deputy Registrar in
exercising a function of the Registrar has effect as if it had been done or
omitted to be done by the Registrar.