Table Of Contents

Contents (2020 - 24)

1. Short title

2. Commencement

3. Interpretation

4. Meaning of establishment day

5. Reductions in remuneration and allowances

6. When person appointed for particular proceeding completes term of office

7. Act binds Crown

7A. Inconsistency with relevant Act

Part 2 - Tasmanian Civil and Administrative Tribunal

8. Establishment of Tribunal

9. Tribunal to operate throughout State

10. Main objectives of Tribunal

Part 3 - Membership and Staff of Tribunal

Division 1 - Membership

11. Membership of Tribunal

Division 2 - President of Tribunal

Subdivision 1 - President

12. President

13. Terms and conditions, &c., of appointment as President

14. Presidents functions generally

14A. Delegation

15. When person ceases to be President

16. Suspension of appointment as President

17. Parliament may confirm or revoke suspension of President for misconduct or misbehaviour

18. Governor may revoke or vary suspension of President

19. Revocation of appointment as President

20. Payment of person suspended from office of President

Subdivision 2 - Acting President

21. Acting President

22. When person ceases to be Acting President

23. Revocation of appointment as Acting President

Subdivision 3 - Miscellaneous

24. Appointment of magistrate as President or Acting President not to affect tenure, &c.

25. Relationship of Act to Magistrates Court, &c.

Division 3 - Deputy Presidents of Tribunal

Subdivision 1 - Deputy Presidents

26. Appointment of Deputy Presidents

27. Terms and conditions of appointment as Deputy President

28. Deputy Presidents functions generally

29. When person ceases to be Deputy President

30. Suspension of appointment as Deputy President

31. Parliament may confirm or revoke suspension of Deputy President for misconduct or misbehaviour

32. Governor may revoke or vary suspension of person from office of Deputy President

33. Revocation of appointment as Deputy President

34. Payment of person suspended from office of Deputy President

Subdivision 2 - Acting Deputy Presidents

35. Acting Deputy Presidents

36. Terms and conditions of appointment as Acting Deputy President

37. When person ceases to be Acting Deputy President

38. Revocation of appointment as Acting Deputy President

Subdivision 3 - Supplementary Deputy Presidents

39. Supplementary Deputy Presidents

40. Terms and conditions of appointment as supplementary Deputy President

41. When person ceases to be supplementary Deputy President

42. Revocation of appointment as supplementary Deputy President

Division 4 - Other members

Subdivision 1 - Selection and assessment panel

43. Selection and assessment panel

Subdivision 2 - Senior members and ordinary members

44. Appointment of senior members and ordinary members

45. Terms and conditions of appointment as senior member or ordinary member

46. When senior member or ordinary member ceases to hold office

47. Revocation or suspension from office of senior member or ordinary member

Subdivision 3 - Supplementary members

48. Supplementary members

49. Terms and conditions of appointment as supplementary member

50. When supplementary member ceases to hold office

Subdivision 4 - Miscellaneous

51. Effect of State Service employment or appointment

52. Engagement in other work by members

Division 5 - Registrars and other members of staff of Tribunal

53. Registrars

54. Functions of registrars

55. Delegation

56. Other staff of Tribunal

57. Staff may be designated to be officers of Tribunal

Part 4 - Repealed

58. Repealed

Part 5 - Divisions of Tribunal

59. Divisions of Tribunal

60. Division Heads

61. Functions and powers of Division Heads and delegation

62. Assignment of members to Divisions of Tribunal and streams

63. Streams of Divisions of Tribunal

Part 6 - Constitution of Tribunal

64. Constitution of Tribunal

65. Alteration of constitution of Tribunal and provision for separate dealing with aspects of matters

66. Proceedings in respect of same matter may be heard together

67. Who presides at proceedings of Tribunal

68. Decision if 2 or more members constitute Tribunal

69. Validity of acts and proceedings of Tribunal

70. Disclosure of interest by members of Tribunal

Part 7 - Jurisdiction of Tribunal

Division 1 - Jurisdiction

71. Jurisdiction of Tribunal

Division 2 - Original jurisdiction

72. Original jurisdiction

73. Proceedings in original jurisdiction

Division 3 - Review jurisdiction

74. Review jurisdiction

75. Nature of proceedings in review jurisdiction

76. Decision-maker must assist Tribunal

77. Effect of review proceedings on decision being reviewed

78. Decision on review

Part 8 - Principles, Powers and Procedures

Division 1 - Principles governing proceedings

79. Principles governing proceedings

Division 2 - Procedure generally

80. Sittings

81. Hearings in public

82. Electronic hearings and proceedings without hearings

83. Practice and procedure generally

84. Directions for conduct of proceedings

85. Consolidating and splitting proceedings

86. Completion of part-heard matters

Division 3 - Dismissal of proceedings or part of proceedings

87. More appropriate forum

88. Dismissing proceedings on withdrawal or for want of prosecution

89. Frivolous or vexatious proceedings

90. Proceedings being conducted to cause disadvantage

Division 4 - Tribunal rules, practice directions and codes of conduct

91. Rules Committee

92. Rules

93. Practice directions

94. Code of conduct

Division 5 - Parties

95. Parties

96. Person may be joined as party

97. Intervention in proceedings

Division 6 - Representation

98. Representation

Division 7 - Compulsory conferences, alternative dispute resolution processes and settlement

99. Compulsory conferences

100. Procedure for compulsory conferences

101. Settlement of matter during compulsory conference

102. Alternative dispute resolution

103. Settling of proceedings

Division 8 - Evidentiary powers

104. Power to require person to give evidence or to produce evidentiary material

105. Claims of privilege

106. Privileges not affected

107. Entry and inspection of property

108. Expert reports

109. Tribunal may authorise person to take evidence

110. Accessibility to public of evidence

Division 9 - Orders and powers

111. Preserving subject matter of proceedings

112. Interlocutory orders

113. Conditional, alternative and ancillary orders and directions

114. Alternative orders and relief

115. Relief from time limits

116. Tribunal may review its decision if party was absent

117. Determination of questions of law

118. Power to cure irregularities

119. Correcting mistakes

Division 10 - Costs

120. Costs of parties

121. Costs of parties related matters

122. Costs incurred by Tribunal in relation to proceedings

Division 11 - Information

123. Reports of proceedings and giving of information in relation to Guardianship stream proceedings

124. Provision of information in Guardianship stream proceedings

Division 12 - Process and enforcement

125. Provision of documents, legal process and service

126. Enforcement of decisions and orders of Tribunal

127. Proof of decisions and orders of Tribunal

128. Disrupting proceedings of Tribunal

Part 9 - Federal Jurisdiction Proceedings

129. Interpretation

130. Relationship of this Part to this Act and other laws

131. Transfer to Magistrates Court of applications involving federal jurisdiction

132. Magistrates Court proceedings, jurisdiction, powers and functions, &c.

133. Modifications of certain functions, powers and procedures, &c.

134. Compulsory conferences and alternative dispute resolution

135. References to Tribunal in other Acts or regulations

Part 10 - Appeals to Supreme Court

136. Appeals to Supreme Court

137. Procedure on appeal

138. Determination of appeal

139. Effect of appeal on decision

Part 11 - Protection and Immunities

140. Protections and immunities

141. Protection from liability for torts

142. Protection for compliance with Act

Part 12 - Miscellaneous

143. Annual report

144. Seal of Tribunal

145. Regulations

146. Administration of Act

Part 13 - Savings and Transitional Provisions

Division 1 - Abolition of Boards and Tribunals and transition of certain members

147. Interpretation of Part 13

148. Abolition of existing Boards and Tribunals

149. Current members of relevant Board or Tribunal cease to hold office

150. Current members to hold office as members of Tribunal

151. Remuneration of current member of relevant Board or Tribunal

Division 2 - Proceedings of former relevant Board or Tribunal

152. Proceedings that were on foot on commencement day

153. Pending court proceedings in relation to relevant Board or Tribunal may be completed

154. Certain unexercised rights continue

155. Allocation of transitional proceedings to Divisions of Tribunal

156. Saving of orders of relevant Board or Tribunal

157. Expiration of time periods

158. Savings of code of conduct and Mental Health guidelines

159. Appointments and other matters to facilitate establishment of Tribunal

160. General savings

Schedule 1 - Relevant Acts

Schedule 2 - General Division

Part 1 - Interpretation

Part 2 - Composition of Division

Part 3 - Functions and powers of Division

Part 4 - Anti-Discrimination Stream

Part 5 - Health Practitioners Stream

Part 6 - Forestry Practices Stream

Part 7 - Personal Compensation Stream

Part 8 - Resource and Planning Stream

Schedule 3 - Protective Division

Part 1 - Interpretation

Part 2 - Composition of Division

Part 3 - Functions and powers of Division

Part 4 - Guardianship Stream

Part 5 - Mental Health Stream

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Tasmanian Civil and Administrative Tribunal Act 2020

Version current from 5 November 2021 to 20 November 2022 (accessed 13 April 2025 at 15:56)

Status Information

Currency of version

Version current from 5 November 2021 to 20 November 2022 (accessed 13 April 2025 at 15:56)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

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Authorisation

File last modified 2 September 2024

Tasmanian Legislation Tasmania's consolidated legislation online