Contents (1998 - 168)
Residential Tribunal Act 1998 No 168
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Notes

Part 2 Establishment of Tribunal

Division 1 Establishment and functions

6 Residential Tribunal
7 Members of Tribunal

Division 2 Membership of Tribunal

8 Appointment of members of Tribunal
9 Qualifications and terms of office of members
10 Functions of Chairperson
11 Functions of Tribunal members

Division 3 Organisation

12 Divisions of Tribunal
13 Constitution of Tribunal for particular proceedings
14 Sittings of Tribunal
15 Annual report

Division 4 Assessors

16 Appointment of assessors
17 Inquiries by assessors
18 Assessors sitting with Tribunal

Division 5 Registrar and staff

19 Appointment of Registrar and staff
20 Functions of Registrar and Deputy Registrars

Part 3 Jurisdiction of Tribunal

21 General statement of jurisdiction
22 Other jurisdictions excluded in certain cases
23 Transfer of proceedings to other courts or tribunals

Part 4 Procedure of Tribunal

24 Application to Tribunal
25 Notice of application to be served on other parties
25A Notice of hearing to be served in certain cases
25B Parties to proceedings
26 Presiding member
27 Procedure of Tribunal generally
27A Assistance to Tribunal
28 Procedural directions
29 Amendments and irregularities
30 Proceedings on hearing to be conducted in public
31 Circumstances in which hearing may be dispensed with
32 Opportunity for parties to present case
33 Representation of parties
34 Interpreters
35 Oral evidence by telephone etc
36 Powers in relation to witnesses
37 Issue of summons
38 Witness may be apprehended
39 Contempt of Tribunal
40 Protection of practising legal practitioners, witnesses and others
41 Tribunal divided in opinion
42 Tribunal may reserve decision
43 Power to impose conditions
44 Powers when proceedings settled
45 Service of notice of decisions of Tribunal
46 Power to correct decisions of Tribunal
47 Recovery of amounts ordered to be paid (other than penalties)
47A Compliance with order of Tribunal
48 Costs

Part 5 Alternative dispute resolution

Division 1 Conciliation and preliminary measures

49 Tribunal to promote conciliation
50 Preliminary conferences

Division 2 Mediation and neutral evaluation

51 Definitions
52 Meaning of “mediation” and “neutral evaluation”
53 Appointment of mediators and neutral evaluators
54 Referral by Tribunal
55 Costs of mediation and neutral evaluation
56 Agreements and arrangements arising from mediation or neutral evaluation sessions
57 Privilege
58 Secrecy
59 Other measures not precluded

Part 6 Appeals and rehearings

60 Review by prerogative writ etc generally excluded
61 Referral of questions of law to Supreme Court
62 Appeal against decision of Tribunal with respect to matter of law
63 Rehearings
64 Original decision to operate unless otherwise ordered

Part 7 Miscellaneous

65 Privileged documents
66 Improper disclosure of information
67 Act to bind Crown
68 Seal of Tribunal
69 Authentication of documents
70 Proof of certain matters not required
71 Notices, service and lodgment of documents
72 Return of documents after proceedings concluded
73 Allowances and expenses of witnesses
74 Extensions of time
75 Proceedings for offences
76 Immunity of Tribunal members and others
77 Chairperson may furnish reports
78 Regulations
79 Forms
80 Amendment of certain Acts
81 Savings, transitional and other provisions
82 Review of Act

 Schedule 1 Provisions relating to members of Tribunal

 Schedule 2 Provisions relating to assessors

 Schedule 3 Provisions relating to mediators and neutral evaluators

 Schedule 4 (Repealed)

 Schedule 5 Savings, transitional and other provisions

Historical notes