1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 What is an enactment?
6 What is a decision?
7 What is an original decision?
8 What is a reviewable decision?
9 Who is an administrator?
10 Notes
Chapter 2 Establishment of Tribunal
11 Establishment of Tribunal
12 Membership of Tribunal
13 Appointment of members of Tribunal
14 Judicial officers acting as members of Tribunal
14A Certain members of state tribunals acting as members of Tribunal
15 Appointment of acting members for a period
16 Divisional Heads
17 Qualifications for membership
18 Other provisions relating to members of Tribunal
19 Tribunal to exercise functions in Divisions
20 Composition of Division and allocation of functions to Division
21 Assignment of members to Divisions
22 Constitution of the Tribunal for particular proceedings (including Appeal Panel for external appeals)
23 Amendment of Schedule 2 (Composition and functions of Divisions)
24 Appeal Panel of the Tribunal (internal appeals)
24A Constitution of Tribunal for exercise of interlocutory and ancillary functions
25 Functions of President
26 Annual report
27 Appointment of Registrar and staff
28 Functions of Registrars and Deputy Registrars
29 Appointment of assessors
30 Acting assessors
31 Lists of persons eligible to be appointed to act as assessors
32 Functions of assessors generally
33 Inquiries by assessors
34 Delegation to assessors
35 Assessors sitting with the Tribunal
Chapter 3 Jurisdiction of Tribunal
36 What are the principal kinds of decisions that the Tribunal may make?
37 Conferral of jurisdiction to make original decisions
38 Conferral of jurisdiction to review reviewable decisions
39 Inter-relationship between Tribunal and Ombudsman
40 When enactment taken to make contrary provision to this Act
Chapter 4 Process for original decision-making
Part 1 Overview of the original decision-making process
41 Summary of the original decision-making process
Part 2 Applications for original decisions
42 When can an application for an original decision be made?
43 Fees for applications
44 Late applications to Tribunal
45 Tribunal has the functions conferred or imposed by or under enactment
46 Effect of an original decision
Chapter 5 Process for review of reviewable decisions
Part 1 Overview of the review process
47 Summary of the review process for reviewable decision
Division 1 Information concerning decision and review rights
48 Notice of decision and review rights to be given by administrators
Division 2 Duty to give reasons on request
49 Duty of administrator to give reasons on request
50 Administrator may refuse reasons in certain cases
51 Tribunal may determine whether person entitled to reasons or made request within reasonable time
52 Tribunal may order administrator to provide a statement of reasons or an adequate statement of reasons
53 Internal reviews
54 Guidelines for notices, reasons and internal reviews
Division 1 Applications for review
55 When can an application for a review be made?
56 Fees for applications
57 Late applications to Tribunal
58 Duty of administrator to lodge material documents with Tribunal where decision reviewed
59 Objections to lodgment
Division 2 Effect of pending applications on reviewable decisions
60 Operation and implementation of decisions pending applications for review
61 Restrictions on ordering stay of proceedings
62 Conditions of stay order
63 Determination of review by Tribunal
64 Application of Government policy
65 Power to remit matters to administrator for further consideration
66 Effect of a review decision
Chapter 6 Procedure of Tribunal generally
67 Parties to proceedings before Tribunal
68 Tribunal may decide persons whose interests affected by a decision
69 Intervention by Attorney General
70 Opportunity of parties to make submissions
71 Representation of parties
72 Notice of application to be served on other parties
Part 2 Other procedural matters
72A Interpretation
73 Procedure of the Tribunal generally
73A Application of section 128 of Evidence Act 1995 to proceedings before Tribunal
74 Preliminary conferences
75 Proceedings on hearing to be conducted in public
76 Circumstances in which hearing may be dispensed with
77 Presiding member
78 Tribunal divided in opinion
79 Reconstitution of Tribunal during hearing
79A References of questions of law to Supreme Court
80 Tribunal may reserve decision
81 Amendments and irregularities
82 Recovery of amounts ordered to be paid (other than penalties)
82A Recovery of civil or other penalties
83 Powers in relation to witnesses
84 Issue of summons
85 Power to impose conditions
86 Powers when proceedings settled
86A Matters that may be taken into account when exercising settlement powers
87 Power to correct decisions of the Tribunal
88 Costs
89 Tribunal to give decision determining application
Division 1 The making of rules
90 Rules may provide for practice and procedure
91 Who is to make the rules of the Tribunal?
91A Practice notes
92 Establishment of Rule Committee
93 Functions of Rule Committee
94 Composition of Rule Committee
95 Chairperson of Rule Committee
96 Meetings of Rule Committee
97, 98 (Repealed)
Part 4 Alternative dispute resolution
99 Purpose of Part
100 Definitions
101 Meaning of “mediation” and “neutral evaluation”
102 Referral by Tribunal
103 Mediation and neutral evaluation to be voluntary
104 Costs of mediation and neutral evaluation
105 Agreements and arrangements arising from mediation sessions
106 Mediators and neutral evaluators
107 Privilege
108 Secrecy
109 Exoneration from liability for listed mediators and neutral evaluators
110 Application of Part
111 Regulations for the purposes of this Part
112 Appealable decisions of the Tribunal
113 Right to appeal against appealable decisions of the Tribunal
114 Appeals on questions of law
115 Appeals on the merits
116 Appeal does not stay decision
117 Reasons for a decision
118 References of questions of law to Supreme Court
Note
118A Conferral of jurisdiction to hear and determine external appeals
118B Grounds for external appeals and time and procedure for making appeals
118C Appeal Panel to determine external appeals
118D References of questions of law to Supreme Court
Part 2 Appeals to Supreme Court
119 Right of appeal to Supreme Court
120 Orders on appeal to the Supreme Court
121 Appeal does not stay decision
Part 3 Inter-relationship between Supreme Court and Tribunal
122 Effect of Act
123 Supreme Court may decline to deal with application for review
Part 1 Disclosure of information
124 Effect of Government Information (Public Access) Act 2009
125 Privileged documents
126 Publication of names or identification of persons involved in certain proceedings
127 Court cannot compel disclosure by members and officers of certain confidential information
128 Application of confidentiality provisions in other Acts
129 Offence: improper disclosure of information
130 Act to bind Crown
131 Contempt of Tribunal
132 Act or omission that is both an offence and contempt
133 Seal of Tribunal
134 Authentication of documents
135 Judicial notice to be taken of certain signatures
136 Proof of certain matters not required
137 Protection of practising legal practitioners, witnesses and others
138 Notices, service and lodgment of documents
139 Notices and other documents to be written in other languages
140 Return of documents after proceedings concluded
141 Allowances and expenses of witnesses
142 References to applications in enactments
143 Proceedings for offences
144 Savings and transitional provisions
145 Regulations
146 Parliamentary inquiry to report on Tribunal
147 Review of Act
Schedule 1 Divisions of Tribunal
Schedule 2 Composition and functions of Divisions
Schedule 3 Provisions relating to members of Tribunal
Schedule 4 Provisions relating to assessors of Tribunal