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New South Wales
Civil and Administrative Legislation (Repeal
and Amendment) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Civil and Administrative Tribunal Amendment Bill 2013.
Overview of Bill
The objects of this Bill are:
(a) to repeal the Consumer, Trader and Tenancy Tribunal Act 2001 and the Consumer, Trader
and Tenancy Tribunal Regulation 2009 consequent on the abolition of that Tribunal and the
establishment of the Civil and Administrative Tribunal (NCAT), and
(b) to transfer the functions of the Vocational Training Appeal Panel in relation to appeals
against decisions of the Vocational Training Tribunal to NCAT and to rename the
Vocational Training Tribunal as the Vocational Training Review Panel and enable it to
review certain decisions of the Commissioner for Vocational Training before an appeal can
be made to NCAT, and
(c) to make amendments to certain Acts and other legislation consequent on the abolition of
various existing tribunals by the Civil and Administrative Tribunal Act 2013 and the
establishment of NCAT.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 repeals the Consumer, Trader and Tenancy Tribunal Act 2001 and the Consumer,
Trader and Tenancy Tribunal Regulation 2009.
b2012-117-94.d14
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Explanatory note
Schedule 1 Amendment of legislation concerning Aboriginal
Land Councils Pecuniary Interest and
Disciplinary Tribunal
Schedule 1 amends certain legislation:
(a) to transfer the functions of the Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal to NCAT, and
(b) to remove or update provisions referring or relating to the Aboriginal Land Councils
Pecuniary Interest and Disciplinary Tribunal that will become outdated with its abolition.
Schedule 2 Amendment of legislation concerning
Administrative Decisions Tribunal
Schedule 2 amends certain legislation:
(a) to transfer the functions of the Administrative Decisions Tribunal to NCAT, and
(b) to remove or update provisions referring or relating to the Administrative Decisions
Tribunal that will become outdated with its abolition.
Schedule 3 Amendment of legislation concerning Charity
Referees
Schedule 3 amends certain legislation:
(a) to transfer the functions of the Charity Referees under the Dormant Funds Act 1942 to
NCAT, and
(b) to remove or update provisions referring or relating to the Charity Referees that will become
outdated with its abolition.
Schedule 4 Amendment of legislation concerning Consumer,
Trader and Tenancy Tribunal
Schedule 4 amends certain legislation:
(a) to transfer the functions of the Consumer, Trader and Tenancy Tribunal to NCAT, and
(b) to remove or update provisions referring or relating to the Consumer, Trader and Tenancy
Tribunal that will become outdated with its abolition.
Schedule 5 Amendment of legislation concerning
Guardianship Tribunal
Schedule 5 amends certain legislation:
(a) to transfer the functions of the Guardianship Tribunal to NCAT, and
(b) to remove or update provisions referring or relating to the Guardianship Tribunal that will
become outdated with its abolition.
Schedule 6 Amendment of legislation concerning health
practitioner tribunals
Schedule 6 amends certain legislation:
(a) to transfer the functions of the various health practitioner tribunals established under the
Health Practitioner Regulation National Law (NSW) to NCAT, and
Page 2
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Explanatory note
(b) to remove or update provisions referring or relating to those health practitioner tribunals
that will become outdated with its abolition.
Schedule 7 Amendment of legislation concerning Local
Government Pecuniary Interest and Disciplinary
Tribunal
Schedule 7 amends certain legislation:
(a) to transfer the functions of the Local Government Pecuniary Interest and Disciplinary
Tribunal to NCAT, and
(b) to remove or update provisions referring or relating to the Local Government Pecuniary
Interest and Disciplinary Tribunal that will become outdated with its abolition.
Schedule 8 Amendment of legislation concerning local land
boards
Schedule 8 amends certain legislation:
(a) to transfer certain adjudicative functions of local land boards to NCAT, and
(b) to transfer certain non-adjudicative functions of local land boards to the Director-General
of the Department of Trade and Investment, Regional Infrastructure and Services, and
(c) to remove or update provisions referring or relating to local land boards that will become
outdated with its abolition.
Schedule 9 Amendment of legislation concerning Vocational
Training Tribunal and Appeal Panel
Schedule 9 amends certain legislation:
(a) to transfer the functions of the Vocational Training Appeal Panel in relation to appeals
against decisions of the Vocational Training Tribunal, and
(b) to rename the Vocational Training Tribunal as the Vocational Training Review Panel, and
(c) to enable the Vocational Training Review Panel to review certain decisions of the
Commissioner for Vocational Training before an appeal can be made to NCAT, and
(d) to remove or update provisions referring or relating to the Vocational Training Appeal
Panel that will become outdated with its abolition.
Schedule 10 Other amendments to legislation
Schedule 10 makes certain other amendments to legislation to facilitate the establishment of
NCAT, including amendments to the Defamation Act 2005 and the Ombudsman Act 1974.
Page 3
First print
New South Wales
Civil and Administrative Legislation (Repeal
and Amendment) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of legislation concerning Consumer, Trader and Tenancy
Tribunal 2
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils
Pecuniary Interest and Disciplinary Tribunal 3
Schedule 2 Amendment of legislation concerning Administrative Decisions
Tribunal 8
Schedule 3 Amendment of legislation concerning Charity Referees 91
Schedule 4 Amendment of legislation concerning Consumer, Trader and
Tenancy Tribunal 95
Schedule 5 Amendment of legislation concerning Guardianship Tribunal 117
Schedule 6 Amendment of legislation concerning health practitioner tribunals 123
Schedule 7 Amendment of legislation concerning Local Government
Pecuniary Interest and Disciplinary Tribunal 134
Schedule 8 Amendment of legislation concerning local land boards 139
Schedule 9 Amendment of legislation concerning Vocational Training
Tribunal and Appeal Panel 160
Schedule 10 Other amendments to legislation 164
b2012-117-94.d14
New South Wales
Civil and Administrative Legislation (Repeal
and Amendment) Bill 2013
No , 2013
A Bill for
An Act to repeal and amend certain legislation consequent on the establishment of the Civil and
Administrative Tribunal of New South Wales.
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Civil and Administrative Legislation (Repeal and Amendment) 3
Act 2013. 4
2 Commencement 5
(1) This Act commences on the establishment day within the meaning of the Civil and 6
Administrative Tribunal Act 2013, except as provided by subsection (2). 7
(2) An amendment made by this Act to a provision of an Act (as inserted by another Act) 8
commences on the day on which the provision is inserted if that day occurs after the 9
establishment day. 10
3 Repeal of legislation concerning Consumer, Trader and Tenancy Tribunal 11
Each of the following is repealed: 12
(a) the Consumer, Trader and Tenancy Tribunal Act 2001 No 82, 13
(b) the Consumer, Trader and Tenancy Tribunal Regulation 2009. 14
Page 2
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal
Schedule 1 Amendment of legislation concerning Aboriginal 1
Land Councils Pecuniary Interest and 2
Disciplinary Tribunal 3
1.1 Aboriginal Land Rights Act 1983 No 42 4
[1] Section 4 Definitions 5
Omit the definition of Pecuniary Interest and Disciplinary Tribunal from section 4 (1). 6
[2] Section 78B Certain persons must not be employed as chief executive officers 7
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 78B (1) (h). 8
Insert instead "former Aboriginal Land Councils Pecuniary Interest and Disciplinary 9
Tribunal or the Civil and Administrative Tribunal". 10
[3] Section 138A Certain persons must not be employed as Chief Executive Officer 11
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 138A (1) (h). 12
Insert instead "former Aboriginal Land Councils Pecuniary Interest and Disciplinary 13
Tribunal or the Civil and Administrative Tribunal". 14
[4] Part 10, Division 3 15
Omit the Division. 16
[5] Section 181H Appeals against suspension 17
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 181H (1). 18
Insert instead "Civil and Administrative Tribunal". 19
[6] Section 181H (1) 20
Insert at the end of the subsection: 21
Note. An appeal under this section is an external appeal to the Civil and Administrative 22
Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. 23
[7] Section 181H (7) 24
Omit the subsection. 25
[8] Section 181J Appeals against action against members of staff 26
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 181J (1). 27
Insert instead "Civil and Administrative Tribunal". 28
[9] Section 181J (1) 29
Insert at the end of the subsection: 30
Note. An appeal under this section is an external appeal to the Civil and Administrative 31
Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. 32
[10] Section 181J (6) 33
Omit the subsection. 34
[11] Section 181K Referral of matters to NCAT 35
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 181K (1). 36
Insert instead "Civil and Administrative Tribunal". 37
Page 3
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal
[12] Section 181K (5) 1
Omit the subsection. 2
[13] Section 181L Alternatives to suspension or referral to NCAT 3
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 181L (3). 4
Insert instead "Civil and Administrative Tribunal". 5
[14] Section 181N Reasons to be given 6
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 181N (1) (b). 7
Insert instead "Civil and Administrative Tribunal". 8
[15] Section 194 NCAT to be notified of inquiries 9
Omit "Pecuniary Interest and Disciplinary Tribunal". 10
Insert instead "Civil and Administrative Tribunal". 11
[16] Section 197 Presentation of reports to NCAT 12
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 13
Insert instead "Civil and Administrative Tribunal". 14
[17] Part 10, Division 6, heading 15
Omit "the Pecuniary Interest and Disciplinary Tribunal". 16
Insert instead "NCAT". 17
[18] Section 198 NCAT to decide whether or not to conduct proceedings into a complaint 18
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring in section 198 (1) 19
and (2). 20
Insert instead "Civil and Administrative Tribunal". 21
[19] Section 198 (3) 22
Omit the subsection. 23
[20] Section 199 Circumstances in which NCAT may dispense with hearing 24
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 199 (1). 25
Insert instead "Civil and Administrative Tribunal". 26
[21] Section 199 (2) 27
Omit the subsection (including the note to the subsection). 28
[22] Section 199A NCAT to decide whether or not to conduct proceedings into a referred 29
matter relating to misbehaviour 30
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 31
Insert instead `Civil and Administrative Tribunal". 32
[23] Section 199A (3) 33
Omit the subsection. 34
Page 4
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal
[24] Section 199B Circumstances in which NCAT may dispense with hearing 1
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 199B (1). 2
Insert instead "Civil and Administrative Tribunal". 3
[25] Section 199B (2) 4
Omit the subsection (including the note to the subsection). 5
[26] Section 200 General conduct of proceedings 6
Omit the section. 7
[27] Section 201 Private and public hearings 8
Omit the section. 9
[28] Section 202 Representation at hearings 10
Omit the section. 11
[29] Section 203 Presentation of cases at hearings 12
Omit the section. 13
[30] Section 204 Power to summon witnesses and take evidence at hearings 14
Omit the section. 15
[31] Section 205 Power to obtain documents 16
Omit the section. 17
[32] Section 206 Privilege concerning answers and documents 18
Omit the section. 19
[33] Section 207 Additional complaints 20
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 21
Insert instead "Civil and Administrative Tribunal". 22
[34] Section 208 Adjournments 23
Omit the section. 24
[35] Section 209 Release of information 25
Omit the section. 26
[36] Section 210 Witnesses' expenses 27
Omit the section. 28
[37] Section 211 Decision of NCAT--interest matters 29
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 30
Insert instead "Civil and Administrative Tribunal". 31
[38] Section 211A Decision of NCAT--misbehaviour matters 32
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 211A (1). 33
Insert instead "Civil and Administrative Tribunal". 34
Page 5
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal
[39] Section 212 Standard of proof 1
Omit the section. 2
[40] Section 213 Pecuniary Interest and Disciplinary Tribunal to provide details of its 3
decisions 4
Omit the section. 5
[41] Section 214 Appeals to Supreme Court 6
Omit the section. 7
[42] Section 215 Referral of matters by NCAT 8
Omit "Pecuniary Interest and Disciplinary Tribunal may refer a matter before it". 9
Insert instead "Civil and Administrative Tribunal may refer a matter before it under this 10
Act". 11
[43] Section 215A 12
Insert after section 215: 13
215A Exclusive jurisdiction of NCAT over Division 4 contraventions 14
(1) The Civil and Administrative Tribunal has exclusive jurisdiction at first 15
instance to decide allegations of contraventions of Division 4. 16
(2) Accordingly, proceedings at first instance to decide allegations of 17
contraventions of Division 4 may not be brought before, or entertained by, any 18
other tribunal or any court. 19
[44] Schedule 2 Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal 20
Omit the Schedule. 21
1.2 Aboriginal Land Rights Regulation 2002 22
[1] Clause 25G Training requirements for Board members 23
Omit "Pecuniary Interests and Disciplinary Tribunal" from clause 25G (1) (e). 24
Insert instead "Civil and Administrative Tribunal". 25
[2] Clause 92 Training requirements for councillors 26
Omit "Pecuniary Interests and Disciplinary Tribunal" from clause 92 (1) (e). 27
Insert instead "Civil and Administrative Tribunal". 28
1.3 Defamation Act 2005 No 77 29
[1] Schedule 1 Additional publications to which absolute privilege applies 30
Omit clause 31. 31
[2] Schedule 2 Additional kinds of public documents 32
Omit clause 6. 33
[3] Schedule 3 Additional proceedings of public concern 34
Omit clause 16. 35
Page 6
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 1 Amendment of legislation concerning Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal
1.4 Government Information (Public Access) Regulation 2009 1
Schedule 3 Agencies declared to be part of other agencies 2
Omit the matter relating to the Aboriginal Land Councils Pecuniary Interest and 3
Disciplinary Tribunal. 4
Page 7
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
Schedule 2 Amendment of legislation concerning 1
Administrative Decisions Tribunal 2
2.1 Aboriginal Land Rights Act 1983 No 42 3
[1] Sections 69 (1), 71 and 137 4
Omit "Administrative Decisions Tribunal" wherever occurring. 5
Insert instead "Civil and Administrative Tribunal". 6
[2] Section 69 (2) 7
Omit the subsection. 8
[3] Section 70 Appeals to Land and Environment Court against order 9
Omit the section. 10
[4] Section 71 Effect of order declaring vacancy 11
Omit "to the Land and Environment Court is made" from section 71 (a). 12
Insert instead "is made under the Civil and Administrative Tribunal Act 2013". 13
[5] Section 135 NCAT may declare particular offices of New South Wales Aboriginal 14
Land Council vacant 15
Omit "Administrative Decisions Tribunal" from section 135 (1). 16
Insert instead "Civil and Administrative Tribunal". 17
[6] Section 135 (2) 18
Omit the subsection. 19
[7] Section 136 Appeals to Land and Environment Court against order 20
Omit the section. 21
[8] Section 137 Effect of order declaring vacancy 22
Omit "to the Land and Environment Court is made" from section 137 (a). 23
Insert instead "is made under the Civil and Administrative Tribunal Act 2013". 24
[9] Section 181M Expenses to be borne by Aboriginal Land Councils 25
Omit "may apply to the Administrative Decisions Tribunal for a review" from 26
section 181M (4). 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
2.2 Adoption Act 2000 No 75 30
[1] Chapter 10 Review of decisions 31
Omit "Administrative Decisions Tribunal" from the Introduction to the Chapter. 32
Insert instead "Civil and Administrative Tribunal". 33
Page 8
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 189 Reviewable decisions 1
Omit the definition of reviewable decision. Insert instead: 2
reviewable decision means: 3
(a) a decision of the relevant decision maker that may be the subject of an 4
application to the Civil and Administrative Tribunal for an 5
administrative review under the Administrative Decisions Review Act 6
1997 for the purposes of section 28 of the Community Services 7
(Complaints, Reviews and Monitoring) Act 1993, or 8
Note. Section 193 sets out the decisions of the Director-General and other 9
relevant decision makers under this Act that are administratively reviewable by 10
the Civil and Administrative Tribunal for the purposes of section 28 of the 11
Community Services (Complaints, Reviews and Monitoring) Act 1993. 12
(b) any decision made under or for the purposes of this Act by the relevant 13
decision maker that is a decision within a class of decisions prescribed 14
by the regulations for the purposes of this definition. 15
[3] Section 190 Duty of relevant decision maker to give reasons in request 16
Omit "Division 2 of Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" 17
from section 190 (4). 18
Insert instead "Division 2 of Part 2 of Chapter 3 of the Administrative Decisions Review 19
Act 1997". 20
[4] Section 192 Internal review 21
Omit "reviewed by the Administrative Decisions Tribunal" from section 192 (8) (b). 22
Insert instead "administratively reviewed by the Civil and Administrative Tribunal". 23
[5] Section 192 (13) 24
Omit "Administrative Decisions Tribunal Act 1997". 25
Insert instead "Administrative Decisions Review Act 1997". 26
[6] Section 193 Decisions that are administratively reviewable by Civil and 27
Administrative Tribunal 28
Omit "For the purposes of section 28 (1) (a) of the Community Services (Complaints, 29
Reviews and Monitoring) Act 1993, any of the following decisions made by the relevant 30
decision maker are reviewable by the Administrative Decisions Tribunal:" from 31
section 193 (1). 32
Insert instead "Each of the following decisions when made by the relevant decision maker 33
is an administratively reviewable decision for the purposes of section 28 (1) (a) of the 34
Community Services (Complaints, Reviews and Monitoring) Act 1993:". 35
2.3 Agricultural Livestock (Disease Control Funding) Act 1998 No 139 36
[1] Part 5A, heading 37
Omit the heading. Insert instead: 38
Part 5A Administrative review of funding decisions by Civil 39
and Administrative Tribunal 40
Page 9
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 25 Administrative review of industry levy based funding decisions 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 25 (1). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[3] Section 25 (2) 6
Omit "review under this section". 7
Insert instead "administrative review in an application under this section". 8
[4] Section 25A Administrative review of transaction based contribution funding 9
decisions 10
Omit "may apply to the Administrative Decisions Tribunal for a review" from 11
section 25 (1). 12
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 13
review under the Administrative Decisions Review Act 1997". 14
2.4 Agricultural Livestock (Disease Control Funding) Regulation 2011 15
Clause 6 Industry levy records 16
Omit "review by the Administrative Decisions Tribunal" from clause 6 (4). 17
Insert instead "administrative review by the Civil and Administrative Tribunal". 18
2.5 Air Transport Act 1964 No 36 19
Section 10A 20
Omit the section. Insert instead: 21
10A Administrative review by Civil and Administrative Tribunal 22
(1) An applicant for a licence may apply to the Civil and Administrative Tribunal 23
for an administrative review under the Administrative Decisions Review Act 24
1997 of any decision made by the Director-General with respect to the 25
application. 26
(2) A person whose licence has been varied or revoked by the Director-General 27
may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997 of the 29
Director-General's decision to vary or revoke the licence. 30
2.6 Animal Research Act 1985 No 123 31
[1] Section 20 Determination of applications 32
Omit "application for review by the Administrative Decisions Tribunal" from 33
section 20 (4). 34
Insert instead "application to the Civil and Administrative Tribunal for an administrative 35
review". 36
Page 10
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 24 Determination of complaints 1
Omit "any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 2
of Chapter 5 of the Administrative Decisions Tribunal Act 1997" from section 24 (4). 3
Insert instead "any order made by the Civil and Administrative Tribunal under Division 2 4
of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997". 5
[3] Section 25A Application to Director-General 6
Omit "application for review to the Administrative Decisions Tribunal" from 7
section 25 (5). 8
Insert instead "application to the Civil and Administrative Tribunal for an administrative 9
review". 10
[4] Section 28B Determination of complaints 11
Omit "any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 12
of Chapter 5 of the Administrative Decisions Tribunal Act 1997" from section 28B (4). 13
Insert instead "any order made by the Civil and Administrative Tribunal under Division 2 14
of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997". 15
[5] Section 39 Determination of applications 16
Omit "application for review to the Administrative Decisions Tribunal" from section 39 (4). 17
Insert instead "application to the Civil and Administrative Tribunal for an administrative 18
review". 19
[6] Part 4, Division 6 20
Omit the Division. Insert instead: 21
Division 6 Administrative reviews by Civil and Administrative 22
Tribunal 23
45 Applications to Civil and Administrative Tribunal for administrative review of 24
determination 25
(1) Any person who is dissatisfied with a determination of the Director-General 26
under this Part that affects the person may apply to the Civil and 27
Administrative Tribunal for an administrative review under the Administrative 28
Decisions Review Act 1997 of the determination. 29
(2) An application to the Tribunal is to be made within 28 days after written notice 30
of the determination of the Director-General is served on the person or, if the 31
application relates to a failure to determine an application under this Part 32
within 90 days after the application was made, within 28 days after the 33
expiration of that 90 day period. 34
2.7 Anti-Discrimination Act 1977 No 48 35
[1] Section 4 Definitions 36
Omit the definitions of Registrar and Tribunal from section 4 (1). 37
Insert in alphabetical order: 38
Tribunal means the Civil and Administrative Tribunal. 39
Page 11
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Part 9, Division 3, heading 1
Omit "Administrative Decisions Tribunal". Insert instead "Tribunal". 2
[3] Section 95 Referral of complaints to Tribunal 3
Omit section 95 (3). 4
[4] Section 96 Leave of Tribunal required for inquiry into certain matters 5
Omit "section 73 (Procedure of the Tribunal generally) of the Administrative Decisions 6
Tribunal Act 1997" from section 96 (3). 7
Insert instead "section 38 (Procedure of Tribunal generally) of the Civil and Administrative 8
Tribunal Act 2013". 9
[5] Section 96 (4) 10
Omit the subsection. 11
[6] Section 97 Parties to proceedings before Tribunal 12
Omit the section. 13
[7] Section 105 Interim orders 14
Omit "Section 89 of the Administrative Decisions Tribunal Act 1997" and "an original 15
decision" from section 105 (2). 16
Insert instead "For the avoidance of doubt, section 62 of the Civil and Administrative 17
Tribunal Act 2013" and "a general decision", respectively. 18
[8] Section 106 Appeals against interim orders 19
Omit the section. 20
[9] Section 110 Tribunal may award costs 21
Omit the section. 22
[10] Section 111 Compliance with order of Tribunal 23
Omit the section. 24
[11] Section 114 Enforcement of non-monetary orders 25
Omit "the Registrar" wherever occurring in section 114 (2) and (3). 26
Insert instead "a registrar of the Tribunal". 27
[12] Section 114 (4) 28
Omit "section 82 or 82A of the Administrative Decisions Tribunal Act 1997". 29
Insert instead "section 78 of the Civil and Administrative Tribunal Act 2013". 30
[13] Section 115 Appeals to Appeal Panel against decisions of Tribunal 31
Omit the section. 32
[14] Section 116 Relationship between this Division and NCAT legislation 33
Omit "Administrative Decisions Tribunal Act 1997". 34
Insert instead "Administrative Decisions Review Act 1997 and the Civil and Administrative 35
Tribunal Act 2013". 36
Page 12
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[15] Section 120A Codes of practice 1
Omit "or the Administrative Decisions Tribunal Act 1997" from section 120A (4). 2
Insert instead ", the Administrative Decisions Review Act 1997 or the Civil and 3
Administrative Tribunal Act 2013". 4
[16] Section 124 Obstruction 5
Omit "a member of the Tribunal, the Registrar,". 6
[17] Section 126 Granting of exemptions by President 7
Omit "may apply to the Tribunal for a review" from section 126 (9). 8
Insert instead "may apply to the Tribunal for an administrative review under the 9
Administrative Decisions Review Act 1997". 10
[18] Section 126 (11) 11
Omit "Administrative Decisions Tribunal Act 1997". 12
Insert instead "Administrative Decisions Review Act 1997". 13
[19] Section 126A Exemption for special needs programs and activities 14
Omit "may apply to the Tribunal for a review" from section 126A (6). 15
Insert instead "may apply to the Tribunal for an administrative review under the 16
Administrative Decisions Review Act 1997". 17
[20] Schedule 1 Savings and transitional provisions 18
Insert after clause 1: 19
1A References to Tribunal before establishment of NCAT 20
A reference to the Tribunal in a provision of this Schedule that was inserted 21
before the establishment day (within the meaning of the Civil and 22
Administrative Tribunal Act 2013) is a reference to the former Administrative 23
Decisions Tribunal. 24
2.8 Apiaries Act 1985 No 16 25
[1] Part 6 26
Omit the Part. Insert instead: 27
Part 6 Administrative reviews by the Civil and 28
Administrative Tribunal 29
35 Applications for review 30
(1) A person aggrieved by any of the following decisions may apply to the Civil 31
and Administrative Tribunal for an administrative review under the 32
Administrative Decisions Review Act 1997 of the decision: 33
(a) a decision of the Director-General in refusing an application by that 34
person for registration as a beekeeper, 35
(b) a decision of the Director-General in refusing an application for the 36
renewal of that person's registration as a beekeeper, 37
(c) a decision of the Director-General under section 11 to cancel that 38
person's registration, 39
Page 13
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
(d) a decision of the Director-General under section 10 to suspend that 1
person's registration, 2
(e) any direction given or action taken by an inspector under section 17 or 3
24 (5) or (6), 4
(f) the action of an inspector in seizing and detaining bees, beehives, apiary 5
products or appliances under a provision of Division 2 of Part 4, and 6
seeking the return of those bees, beehives, apiary products or 7
appliances, 8
(g) in relation to Part 5: 9
(i) a decision of the Director-General to refuse a claim for 10
compensation under Part 5, or 11
(ii) a decision of the Director-General to award compensation under 12
that Part on the ground that the amount of compensation awarded 13
is inadequate, or 14
(iii) a determination of the market value of any queen bees made for 15
the purpose of section 31 (1) on the ground that the value 16
concerned is less than the true market value of the bees. 17
(2) A person who is the occupier of, or otherwise has an interest in, premises in 18
respect of which the Director-General has made an order under section 18 who 19
is aggrieved by that order may apply to the Civil and Administrative Tribunal 20
for an administrative review under the Administrative Decisions Review Act 21
1997 of that order. 22
Note. Generally, the making of an application to the Civil and Administrative Tribunal 23
will not affect the operation of the decision concerned (or prevent the taking of action 24
to implement the decision) pending the review of the decision. However, the Tribunal 25
can make orders staying or otherwise affecting the operation of the decision, but only 26
on the application of a party to the proceedings and only if the Tribunal considers it 27
desirable to do so after taking various matters (such as the public interest) into account. 28
See section 60 of the Administrative Decisions Review Act 1997. 29
[2] Section 38 General powers of inspection 30
Omit section 38 (9) (a). Insert instead: 31
(a) no application for an administrative review by the Civil and 32
Administrative Tribunal of a seizure of bees, beehives, apiary products 33
or appliances carried out in accordance with a provision of this Act is 34
made under section 35 within the period prescribed by or under the Civil 35
and Administrative Tribunal Act 2013 for making applications under 36
that section, or 37
[3] Section 38 (9) (f) 38
Omit "Administrative Decisions Tribunal". 39
Insert instead "Civil and Administrative Tribunal". 40
2.9 Apprenticeship and Traineeship Regulation 2010 41
[1] Clause 6 Witnesses' expenses 42
Omit "proceedings under the Administrative Decisions Tribunal Act 1997". 43
Insert instead "proceedings before the Civil and Administrative Tribunal". 44
[2] Clause 6, note 45
Omit the note. 46
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.10 Architects Act 2003 No 89 1
[1] Section 4 Definitions 2
Omit the definition of Tribunal from section 4 (1). Insert instead: 3
Tribunal means the Civil and Administrative Tribunal. 4
[2] Section 16 Qualifications for registration 5
Omit "may apply to the Tribunal for a review" from section 16 (3). 6
Insert instead "may apply to the Tribunal for an administrative review under the 7
Administrative Decisions Review Act 1997". 8
[3] Section 31 Tribunal may administratively review certain registration decisions 9
Omit "may apply to the Tribunal for a review" from section 31 (1). 10
Insert instead "may apply to the Tribunal for an administrative review under the 11
Administrative Decisions Review Act 1997". 12
[4] Section 31 (2) 13
Omit "a review". Insert instead "an administrative review". 14
[5] Section 37 Power to dismiss certain complaints 15
Omit "may apply to the Tribunal for a review" from section 37 (5). 16
Insert instead "may apply to the Tribunal for an administrative review under the 17
Administrative Decisions Review Act 1997". 18
[6] Section 44 Person may apply to Tribunal for administrative review of disciplinary 19
finding of Board 20
Omit "may apply to the Tribunal for a review". 21
Insert instead "may apply to the Tribunal for an administrative review under the 22
Administrative Decisions Review Act 1997". 23
[7] Section 48 Tribunal may award costs 24
Omit the section. 25
[8] Section 51 Statement of reasons of Tribunal need not contain confidential 26
information 27
Omit the section. 28
[9] Section 58 General 29
Omit section 58 (1). Insert instead: 30
(1) The provisions of this Division are subject to any order made by the Tribunal 31
under section 64 of the Civil and Administrative Tribunal Act 2013. 32
Note. Section 64 of the Civil and Administrative Tribunal Act 2013 allows the Tribunal 33
to make an order prohibiting or restricting the disclosure of information. 34
[10] Part 4A Appeals against decisions of Tribunal 35
Omit the Part. 36
[11] Schedule 3 Savings, transitional and other provisions 37
Omit "Tribunal" from clause 11 (1). Insert instead "Administrative Decisions Tribunal". 38
Page 15
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.11 Associations Incorporation Act 2009 No 7 1
[1] Section 76 Director-General may cancel registration 2
Omit "Administrative Decisions Tribunal" from section 76 (2) (b). 3
Insert instead "Civil and Administrative Tribunal". 4
[2] Section 104 Review of decisions of Director-General 5
Omit "may apply to the Administrative Decisions Tribunal for a review" from 6
section 104 (1). 7
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 8
review under the Administrative Decisions Review Act 1997". 9
[3] Section 104 (2) 10
Omit "Administrative Decisions Tribunal Act 1997". 11
Insert instead "Administrative Decisions Review Act 1997". 12
2.12 Biofuels Act 2007 No 23 13
[1] Section 23 Registration of volume fuel sellers 14
Omit section 23 (1) (f). Insert instead: 15
(f) the making of applications to the Civil and Administrative Tribunal for 16
administrative reviews under the Administrative Decisions Review Act 17
1997 of decisions made in respect of registration. 18
[2] Section 23 (3) 19
Insert after section 23 (2): 20
(3) The Minister is not to recommend the making of a regulation containing 21
provisions for the purposes of section 23 (1) (f) unless the Minister certifies 22
that the Minister administering the Civil and Administrative Tribunal Act 2013 23
has agreed to the provisions. 24
2.13 Births, Deaths and Marriages Registration Act 1995 No 62 25
[1] Section 31J Administrative review by Civil and Administrative Tribunal of certain 26
decisions under this Part 27
Omit "may apply to the Administrative Decisions Tribunal for a review". 28
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 29
review under the Administrative Decisions Review Act 1997". 30
[2] Section 31L Protection of security sensitive information 31
Omit "In determining an application for a review of any decision to which this section 32
applies, the Administrative Decisions Tribunal (and any Appeal Panel in determining any 33
appeal against such a review under the Administrative Decisions Tribunal Act 1997)" from 34
section 31L (3). 35
Insert instead "In determining an application for an administrative review of any decision 36
to which this section applies, the Civil and Administrative Tribunal (and any Appeal Panel 37
of the Tribunal in determining any internal appeal against such a review under the Civil and 38
Administrative Tribunal Act 2013)". 39
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 31L (3) (b) 1
Omit "applicant for review". Insert instead "applicant for the administrative review". 2
[4] Section 56 Administrative review by the Civil and Administrative Tribunal 3
Omit "may apply to the Administrative Decisions Tribunal for a review" from 4
section 56 (1). 5
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 6
review under the Administrative Decisions Review Act 1997". 7
[5] Section 56 (2) 8
Omit "review". Insert instead "administrative review". 9
2.14 Boarding Houses Act 2012 No 74 10
Section 87 Applications for administrative reviews by the Civil and Administrative 11
Tribunal 12
Omit "may apply to the Administrative Decisions Tribunal for a review" from 13
section 87 (1). 14
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 15
review under the Administrative Decisions Review Act 1997". 16
2.15 Building and Construction Industry Security of Payment Act 1999 17
No 46 18
Section 28 Nominating authorities 19
Omit "may apply to the Administrative Decisions Tribunal for a review" from 20
section 28 (2). 21
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 22
review under the Administrative Decisions Review Act 1997". 23
2.16 Building Legislation Amendment (Quality of Construction) Act 2002 24
No 134 25
Schedule 2 Amendment of home building legislation 26
Omit "Administrative Decisions Tribunal" from proposed section 40 (4B) in 27
Schedule 2.1 [4]. 28
Insert instead "Civil and Administrative Tribunal". 29
2.17 Building Professionals Act 2005 No 115 30
[1] Section 3 Definitions 31
Omit the definition of Tribunal from section 3 (1). Insert instead: 32
Tribunal means the Civil and Administrative Tribunal. 33
[2] Section 18 Administrative review of decisions of Board under this Part 34
Omit "may apply to the Tribunal for a review". 35
Insert instead "may apply to the Tribunal for an administrative review under the 36
Administrative Decisions Review Act 1997". 37
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 33 Person may apply to Tribunal for administrative review of disciplinary 1
finding of Board 2
Omit "may apply to the Tribunal for a review". 3
Insert instead "may apply to the Tribunal for an administrative review under the 4
Administrative Decisions Review Act 1997". 5
[4] Section 35 Tribunal may award costs 6
Omit the section. 7
[5] Section 37 Confidential information in statement of reasons 8
Omit the section. 9
[6] Section 43 General 10
Omit section 43 (1). Insert instead: 11
(1) The provisions of this Division are subject to any order made by the Tribunal 12
under section 64 of the Civil and Administrative Tribunal Act 2013. 13
Note. Section 64 of the Civil and Administrative Tribunal Act 2013 allows the Tribunal 14
to make an order prohibiting or restricting the disclosure of information. 15
[7] Part 3A Appeals against decisions of Tribunal 16
Omit the Part. 17
[8] Schedule 2 Savings, transitional and other provisions 18
Insert after clause 1: 19
1A References to Tribunal before establishment of NCAT 20
A reference to the Tribunal in a provision of this Schedule that was inserted 21
before the establishment day (within the meaning of the Civil and 22
Administrative Tribunal Act 2013) is a reference to the former Administrative 23
Decisions Tribunal. 24
2.18 Business Names (Commonwealth Powers) Act 2011 No 44 25
Schedule 1 Savings, transitional and other provisions 26
Insert before clause 9 in Division 4 of Part 2: 27
8A Effect of abolition of Administrative Decisions Tribunal 28
(1) The functions of the Administrative Decisions Tribunal under this Division 29
become, on and from the establishment day, the functions of the Civil and 30
Administrative Tribunal. 31
(2) Accordingly, a reference in another provision of this Division that confers or 32
imposes a function on the Administrative Decisions Tribunal is to be read, on 33
and after the establishment day, as being a reference to the Civil and 34
Administrative Tribunal. 35
(3) The provisions of this clause are in addition to, and do not derogate from, the 36
provisions of Part 2 of Schedule 1 to the Civil and Administrative Tribunal 37
Act 2013. 38
(4) In this clause: 39
establishment day has the same meaning as in the Civil and Administrative 40
Tribunal Act 2013. 41
Page 18
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.19 Cemeteries and Crematoria Act 2013 1
[1] Section 33 Issue of improvement notice by the Cemeteries Agency 2
Insert at the end of section 33 (5): 3
Note. An appeal under this subsection is an external appeal to the Tribunal for the 4
purposes of the Civil and Administrative Tribunal Act 2013. 5
[2] Dictionary 6
Omit the definition of Tribunal. Insert instead: 7
Tribunal means the Civil and Administrative Tribunal. 8
2.20 Charitable Fundraising Act 1991 No 69 9
[1] Part 4, heading 10
Omit the heading. Insert instead: 11
Part 4 Administrative reviews by Civil and Administrative 12
Tribunal 13
[2] Section 42 Administrative review of refusal to grant authority or against conditions 14
imposed on authority 15
Omit "may apply to the Administrative Decisions Tribunal for a review". 16
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 17
review under the Administrative Decisions Review Act 1997". 18
[3] Section 43 Administrative review of revocation of authority 19
Omit "may apply to the Administrative Decisions Tribunal for a review". 20
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 21
review under the Administrative Decisions Review Act 1997". 22
[4] Section 44 Administrative review of variation of authority 23
Omit "may apply to the Administrative Decisions Tribunal for a review". 24
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 25
review under the Administrative Decisions Review Act 1997". 26
[5] Section 45 Determination by Civil and Administrative Tribunal of applications 27
Omit "Administrative Decisions Tribunal, in determining a review under this Act,". 28
Insert instead "Civil and Administrative Tribunal, in determining an administrative review 29
for the purposes of this Part,". 30
2.21 Child Protection (International Measures) Act 2006 No 12 31
Section 5 Definitions 32
Omit paragraph (e) from the definition of New South Wales court in section 5 (1). 33
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.22 Child Protection (Offenders Registration) Act 2000 No 42 1
Section 16 NCAT may exempt persons from compliance with reporting obligations 2
Omit "Administrative Decisions Tribunal" wherever occurring. 3
Insert instead "Civil and Administrative Tribunal". 4
2.23 Child Protection (Working with Children) Act 2012 No 51 5
[1] Section 5 Definitions 6
Omit the definition of Tribunal from section 5 (1). Insert instead: 7
Tribunal means the Civil and Administrative Tribunal. 8
[2] Section 27 Applications to Civil and Administrative Tribunal for administrative 9
reviews of clearance decisions 10
Omit "for a review" wherever occurring in section 27 (1)-(3). 11
Insert instead "for an administrative review under the Administrative Decisions Review 12
Act 1997". 13
[3] Section 27 (5) and (6) 14
Omit the subsections. 15
[4] Section 27 (7) 16
Omit "Administrative Decisions Tribunal Act 1997". 17
Insert instead "Administrative Decisions Review Act 1997". 18
[5] Section 28 Orders relating to disqualified and ineligible persons 19
Omit section 28 (9). 20
[6] Section 29 Further review of persons who obtain enabling orders 21
Omit section 29 (4). 22
[7] Section 30 Determination of applications and other matters 23
Omit the note to section 30 (2). Insert instead: 24
Note. Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review 25
Act 1997 enables a decision the subject of an application under section 27 of this Act 26
for an administrative review under that Act to be stayed by the Tribunal. 27
[8] Section 30 (3) 28
Omit the subsection. 29
2.24 Children (Detention Centres) Regulation 2010 30
Clause 3 Definitions 31
Omit "Administrative Decisions Tribunal" from paragraph (h) of the definition of exempt 32
body in clause 3 (1). 33
Insert instead "Civil and Administrative Tribunal". 34
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.25 Children (Education and Care Services) Supplementary Provisions Act 1
2011 No 70 2
Section 28 Reviewable decisions 3
Omit section 28 (2). Insert instead: 4
(2) The Minister is not to recommend the making of a regulation containing 5
provisions for the purposes of this section unless the Minister certifies that the 6
Minister administering the Civil and Administrative Tribunal Act 2013 has 7
agreed to the provisions. 8
2.26 Children (Education and Care Services National Law Application) Act 9
2010 No 104 10
Section 8 Relevant tribunal or court 11
Omit "Administrative Decisions Tribunal" from section 8 (b). 12
Insert instead "Civil and Administrative Tribunal". 13
2.27 Children and Young Persons (Care and Protection) Act 1998 No 157 14
[1] Section 29 Protection of persons who make reports or provide certain information 15
Omit "Administrative Decisions Tribunal" from section 29 (1) (d) (iii). 16
Insert instead "Civil and Administrative Tribunal". 17
[2] Section 149F Disclosure of high level identification information without consent of 18
authorised carer 19
Omit "reviewed by the Administrative Decisions Tribunal" from section 149F (2) (b). 20
Insert instead "administratively reviewed by the Civil and Administrative Tribunal under 21
the Administrative Decisions Review Act 1997". 22
[3] Section 149G Application for administrative review of decision to disclose high level 23
identification information 24
Omit "may apply to the Administrative Decisions Tribunal for a review" from 25
section 149G (1) (a). 26
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 27
review under the Administrative Decisions Review Act 1997". 28
[4] Section 149G (1) (b) 29
Omit "to apply to the Administrative Decisions Tribunal, on behalf of the authorised carer, 30
for a review". 31
Insert instead "to apply to the Civil and Administrative Tribunal, on behalf of the authorised 32
carer, for an administrative review under the Administrative Decisions Review Act 1997". 33
[5] Section 149G (2) 34
Omit "Administrative Decisions Tribunal Act 1997". 35
Insert instead "Administrative Decisions Review Act 1997". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[6] Section 149G (3) 1
Omit "Administrative Decisions Tribunal". 2
Insert instead "Civil and Administrative Tribunal". 3
[7] Section 149H Modification of Administrative Decisions Review Act 1997 4
Omit "ADT Act" and "Chapter 5" wherever occurring in section 149H (1) and (2). 5
Insert instead "ADR Act" and "Chapter 3", respectively. 6
[8] Section 149H (3) 7
Omit the subclause. Insert instead: 8
(3) In this section, the ADR Act means the Administrative Decisions Review 9
Act 1997. 10
[9] Section 231F Notification to child or young person and his or her parents 11
Omit "Division 2 of Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" 12
from section 231F (2) (a). 13
Insert instead "Division 2 of Part 2 of Chapter 3 of the Administrative Decisions Review 14
Act 1997". 15
[10] Section 231F (2) (b) 16
Omit the paragraph. Insert instead: 17
(b) the decision may be administratively reviewed by the Civil and 18
Administrative Tribunal under the Administrative Decisions Review 19
Act 1997, whose decision may be appealed against to an Appeal Panel 20
of that Tribunal, and 21
[11] Section 245 Decisions that are administratively reviewable by Civil and 22
Administrative Tribunal 23
Omit "For the purposes of section 28 (1) (a) of the Community Services (Complaints, 24
Reviews and Monitoring) Act 1993, any of the following decisions made under or for the 25
purposes of this Act or the regulations are reviewable by the Administrative Decisions 26
Tribunal:" from section 245 (1). 27
Insert instead "Each of the following decisions made under or for the purposes of this Act 28
or the regulations is an administratively reviewable decision for the purposes of 29
section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) 30
Act 1993:". 31
[12] Section 264 Regulations 32
Omit "the review by the Administrative Decisions Tribunal" from section 264 (1A) (i). 33
Insert instead "an administrative review by the Civil and Administrative Tribunal under the 34
Administrative Decisions Review Act 1997". 35
[13] Section 264 (1B) 36
Omit the subsection. Insert instead: 37
(1B) The Minister is not to recommend the making of a regulation containing 38
provisions for the purposes of subsection (1A) (i) unless the Minister certifies 39
that the Minister administering the Civil and Administrative Tribunal Act 2013 40
has agreed to the provisions. 41
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.28 Children and Young Persons (Care and Protection) Regulation 2012 1
[1] Clause 7 Administrative review of decisions of Children's Guardian by Civil and 2
Administrative Tribunal 3
Omit "Pursuant to section 264 (1A) (i) of the Act, the following decisions of the Children's 4
Guardian are reviewable by the Administrative Decisions Tribunal:". 5
Insert instead "A person affected by any of the following decisions of the Children's 6
Guardian may apply to the Civil and Administrative Tribunal for an administrative review 7
under the Administrative Decisions Review Act 1997 of the decision:". 8
[2] Clause 7, note 9
Omit "reviewable by the Administrative Decisions Tribunal". 10
Insert instead "administratively reviewable by the Civil and Administrative Tribunal". 11
[3] Clause 42 Cancellation or suspension of authorisations by designated agencies 12
Omit "reviewable by the Administrative Decisions Tribunal" from the note at the end of the 13
clause. 14
Insert instead "administratively reviewable by the Civil and Administrative Tribunal". 15
2.29 Coal Industry Act 2001 No 107 16
[1] Section 3 Definitions 17
Omit the definition of Tribunal. Insert instead: 18
Tribunal means the Civil and Administrative Tribunal. 19
[2] Section 12 Powers relating to health of mine workers 20
Omit "may apply to the Tribunal for a review" from section 12 (3). 21
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 22
review under the Administrative Decisions Review Act 1997". 23
[3] Section 13 Orders of approved company 24
Omit "may apply to the Tribunal for a review" from section 13 (7). 25
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 26
review under the Administrative Decisions Review Act 1997". 27
[4] Section 39 Right to apply for administrative review of determination 28
Omit "apply to the Tribunal for a review" from section 39 (1). 29
Insert instead "apply to the Civil and Administrative Tribunal for an administrative review 30
under the Administrative Decisions Review Act 1997". 31
2.30 Coal Mine Health and Safety Act 2002 No 129 32
[1] Section 196 Regulations may prescribe decisions that are to be administratively 33
reviewable by Civil and Administrative Tribunal 34
Omit "apply to the Administrative Decisions Tribunal for a review" from section 196 (1). 35
Insert instead "apply to the Civil and Administrative Tribunal for an administrative review 36
under the Administrative Decisions Review Act 1997". 37
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 196 (2) 1
Omit "Administrative Decisions Tribunal for a review". 2
Insert instead "Civil and Administrative Tribunal for an administrative review". 3
[3] Section 196 (3) 4
Omit "Administrative Decisions Tribunal Act 1997" and "by the Administrative Decisions 5
Tribunal". 6
Insert instead "Administrative Decisions Review Act 1997" and "by the Civil and 7
Administrative Tribunal", respectively. 8
[4] Section 196 (4) 9
Omit the subsection. Insert instead: 10
(4) The Minister is not to recommend the making of any such regulation unless 11
the Minister certifies that the Minister administering the Civil and 12
Administrative Tribunal Act 2013 has agreed to the provisions concerned. 13
2.31 Coal Mine Health and Safety Regulation 2006 14
[1] Clause 178 Ministerial declarations that a person's competence is not recognised 15
Omit "Administrative Decisions Tribunal Act 1997" from section 178 (6). 16
Insert instead "Administrative Decisions Review Act 1997". 17
[2] Clause 200 Exemptions for particular people on application 18
Omit "the review by the Administrative Decisions Tribunal" from the note at the end of the 19
clause. 20
Insert instead "the administrative review by the Civil and Administrative Tribunal". 21
[3] Clause 209 Decisions administratively reviewable by the Civil and Administrative 22
Tribunal 23
Omit "apply to the Administrative Decisions Tribunal for a review" from clause 209 (1). 24
Insert instead "apply to the Civil and Administrative Tribunal for an administrative review 25
under the Administrative Decisions Review Act 1997". 26
[4] Clause 209 (2) 27
Omit "application for review by the Administrative Decisions Tribunal". 28
Insert instead "application for an administrative review by the Civil and Administrative 29
Tribunal". 30
2.32 Combat Sports Act 2008 No 116 31
[1] Part 7, heading 32
Omit the heading. Insert instead: 33
Part 7 Administrative review by Civil and Administrative 34
Tribunal 35
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 59 Administrative review of decisions by Civil and Administrative Tribunal 1
Omit "may apply to the Administrative Decisions Tribunal for a review". 2
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 3
review under the Administrative Decisions Review Act 1997". 4
2.33 Combat Sports Act 2013 5
[1] Part 5, heading 6
Omit the heading. Insert instead: 7
Part 5 Administrative review by Civil and Administrative 8
Tribunal 9
[2] Section 77 Administrative review of decisions by Civil and Administrative Tribunal 10
Omit "may apply to the Administrative Decisions Tribunal for a review" from 11
section 77 (1). 12
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 13
review under the Administrative Decisions Review Act 1997". 14
[3] Section 77 (2) and (2A) 15
Omit section 77 (2). Insert instead: 16
(2) The regulations may make provision for applications to be made to the 17
Tribunal for the administrative review under the Administrative Decisions 18
Review Act 1997 of a decision made, or the failure or refusal to make a 19
decision, under this Act or the regulations of a kind prescribed by the 20
regulations. 21
(2A) The Minister is not to recommend the making of a regulation containing 22
provisions for the purposes of subsection (2) unless the Minister certifies that 23
the Minister administering the Civil and Administrative Tribunal Act 2013 has 24
agreed to the provisions. 25
[4] Section 77 (3) 26
Omit "a review". Insert instead "an administrative review". 27
[5] Section 78 Administrative reviews of decisions based on security determinations or 28
criminal intelligence 29
Omit "In determining an application for a review of a decision that was made on the ground 30
of a determination made, or advice given, by the Commissioner of Police or another police 31
officer, the Administrative Decisions Tribunal (and any Appeal Panel of the Tribunal in 32
determining any appeal against such a review under the Administrative Decisions Tribunal 33
Act 1997):" from section 78 (1). 34
Insert instead "In determining an application for an administrative review of a decision that 35
was made on the ground of a determination made, or advice given, by the Commissioner of 36
Police or another police officer, the Civil and Administrative Tribunal (and any Appeal 37
Panel of the Tribunal in determining any internal appeal against such a review under the 38
Civil and Administrative Tribunal Act 2013):". 39
Page 25
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[6] Section 78 (1) (b), (4) and (5) 1
Omit "applicant for review" and "for a review" wherever occurring. 2
Insert instead "applicant for the administrative review" and "for an administrative review", 3
respectively. 4
[7] Section 78 (1), note 5
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 6
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 7
[8] Section 78 (6) 8
Omit "Administrative Decisions Tribunal Act 1997". 9
Insert instead "Administrative Decisions Review Act 1997". 10
2.34 Combat Sports Regulation 2009 11
Clause 20 Reissue 12
Omit "Administrative Decisions Tribunal" wherever occurring in clause 20 (b) (i) and (c). 13
Insert instead "Civil and Administrative Tribunal". 14
2.35 Commercial Agents and Private Inquiry Agents Act 2004 No 70 15
[1] Section 6 Application to master licences of Licensing and Registration (Uniform 16
Procedures) Act 2002 17
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" from the note 18
at the end of the section. 19
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 20
[2] Section 12 Application to operator licences of Licensing and Registration (Uniform 21
Procedures) Act 2002 22
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" from the note 23
at the end of the section. 24
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 25
[3] Section 20 Commissioner's determinations administratively reviewable by Civil and 26
Administrative Tribunal 27
Omit "may apply to the Administrative Decisions Tribunal for a review" from 28
section 20 (1). 29
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 30
review under the Administrative Decisions Review Act 1997". 31
[4] Section 20 (2) 32
Omit "In determining an application for a review of any decision to refuse to grant or cancel 33
a licence under this Act, the Administrative Decisions Tribunal (and any Appeal Panel in 34
determining any appeal against such a review under the Administrative Decisions Tribunal 35
Act 1997):". 36
Insert instead "In determining an application for an administrative review of any decision 37
to refuse to grant or cancel a licence under this Act, the Civil and Administrative Tribunal 38
(and any Appeal Panel in determining any internal appeal against such a review under the 39
Civil and Administrative Tribunal Act 2013):". 40
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 20 (2) (b) 1
Omit "applicant for review". Insert instead "applicant for the administrative review". 2
2.36 Community Housing Providers (Adoption of National Law) Act 2012 3
No 59 4
Section 6 Meaning of certain terms in Community Housing Providers National Law 5
for purposes of this jurisdiction 6
Omit "Administrative Decisions Tribunal" from the definition of Appeal Tribunal. 7
Insert instead "Civil and Administrative Tribunal". 8
2.37 Community Services (Complaints, Reviews and Monitoring) Act 1993 9
No 2 10
[1] Long title 11
Omit "Administrative Decisions Tribunal". 12
Insert instead "Civil and Administrative Tribunal". 13
[2] Section 4 Definitions 14
Omit the definition of Tribunal from section 4 (1). Insert instead: 15
Tribunal means the Civil and Administrative Tribunal. 16
[3] Part 5, heading 17
Omit "Review". Insert instead "Administrative review". 18
[4] Section 28 Applications to Tribunal for administrative reviews of decisions 19
Omit "may apply to the Tribunal for a review" from section 28 (1). 20
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 21
review under the Administrative Decisions Review Act 1997". 22
[5] Section 28 (1) (a) and (b) 23
Omit "a reviewable decision" wherever occurring. 24
Insert instead "an administratively reviewable decision". 25
[6] Section 29 Who may apply to the Tribunal? 26
Omit section 29 (6). Insert instead: 27
(6) This section applies despite any contrary provisions of the Civil and 28
Administrative Tribunal Act 2013 or the Administrative Decisions Review 29
Act 1997. 30
[7] Section 31 Alternatives to Tribunal determining the matter 31
Omit section 31 (3). Insert instead: 32
(3) The powers conferred on the Tribunal by this section are in addition to any 33
other powers that the Tribunal has under the Civil and Administrative Tribunal 34
Act 2013 with respect to the use of resolution processes. 35
Page 27
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[8] Section 32 Additional powers of Tribunal 1
Omit "Division 3 (Powers on review) of Part 3 of Chapter 5 of the Administrative Decisions 2
Tribunal Act 1997" from section 32 (3). 3
Insert instead "Division 3 (Powers on administrative review) of Part 3 of Chapter 3 of the 4
Administrative Decisions Review Act 1997". 5
[9] Section 33 Right of appearance 6
Omit the section. 7
[10] Section 34 Costs 8
Omit the section. 9
[11] Section 45 Reasons to be given for certain decisions 10
Omit "a reviewable decision under the Administrative Decisions Tribunal Act 1997" from 11
section 45 (3). 12
Insert "an administratively reviewable decision under the Administrative Decisions Review 13
Act 1997". 14
[12] Section 45 (3) (a) 15
Omit "Administrative Decisions Tribunal Act 1997". 16
Insert instead "Administrative Decisions Review Act 1997". 17
[13] Section 49 Section 3 does not give rise to or affect a cause of action 18
Omit "a review" from section 49 (2). Insert instead "an administrative review". 19
2.38 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11 20
[1] Section 27 Administrative review by NCAT of Registrar decisions 21
Omit "may apply to the Administrative Decisions Tribunal for a review" from 22
section 27 (1). 23
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 24
review under the Administrative Decisions Review Act 1997". 25
[2] Section 27 (3) and (4) 26
Omit "Administrative Decisions Tribunal Act 1997" wherever occurring. 27
Insert instead "Administrative Decisions Review Act 1997". 28
2.39 Co-operatives (Adoption of National Law) Act 2012 No 29 29
Section 7 Designated authority, designated instrument and designated tribunal 30
(Co-operatives National Law s 4) 31
Omit "Administrative Decisions Tribunal" from section 7 (3) (b). 32
Insert instead "Civil and Administrative Tribunal". 33
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.40 Conveyancers Licensing Act 2003 No 3 1
[1] Section 29 Employment of disqualified persons 2
Omit "may apply to the Administrative Decisions Tribunal for a review" from 3
section 29 (3). 4
Insert instead "may apply to the Tribunal for an administrative review under the 5
Administrative Decisions Review Act 1997". 6
[2] Section 141 Administrative review of disciplinary action by NCAT 7
Omit "may apply to the Administrative Decisions Tribunal under the Administrative 8
Decisions Tribunal Act 1997 for a review". 9
Insert instead "may apply to the Tribunal for an administrative review under the 10
Administrative Decisions Review Act 1997". 11
2.41 Court Security Act 2005 No 1 12
Section 4 Definitions 13
Omit "Administrative Decisions Tribunal" from paragraph (l) of the definition of court in 14
section 4 (1). 15
Insert instead "Civil and Administrative Tribunal". 16
2.42 Court Security Regulation 2011 17
Clause 6 Permissible uses of recording devices 18
Omit "Administrative Decisions Tribunal" and "registrar" wherever occurring. 19
Insert instead "Civil and Administrative Tribunal" and "principal registrar", respectively. 20
2.43 Crimes (Administration of Sentences) Regulation 2008 21
[1] Clause 325 Attendance of inmates before courts and court officers 22
Omit "Administrative Decisions Tribunal" from clause 325 (2) (b). 23
Insert instead "Civil and Administrative Tribunal". 24
[2] Dictionary 25
Omit "Administrative Decisions Tribunal" from paragraph (a) of the definition of exempt 26
body. 27
Insert instead "Civil and Administrative Tribunal". 28
2.44 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 29
[1] Section 13 Regulation-making powers 30
Omit section 13 (2) (y). Insert instead: 31
(y) appeals against, and the review of, decisions under this Act, including 32
conferring jurisdiction on: 33
(i) a court or courts to hear appeals against decisions under the 34
regulations, and 35
(ii) the Civil and Administrative Tribunal to conduct administrative 36
reviews under the Administrative Decisions Review Act 1997 of 37
decisions under the regulations, 38
Page 29
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 13 (3) 1
Insert after section 13 (2): 2
(3) The Minister is not to recommend the making of a regulation containing 3
provisions for the purposes of subsection (2) (y) (ii) unless the Minister 4
certifies that the Minister administering the Civil and Administrative Tribunal 5
Act 2013 has agreed to the provisions. 6
2.45 Deer Act 2006 No 113 7
[1] Section 16 Administrative review by Civil and Administrative Tribunal 8
Omit "may apply to the Administrative Decisions Tribunal for a review". 9
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 10
review under the Administrative Decisions Review Act 1997". 11
[2] Section 16, note 12
Omit the note. 13
2.46 Defamation Act 2005 No 77 14
[1] Schedule 1 Additional publications to which absolute privilege applies 15
Omit "Administrative Decisions Tribunal" wherever occurring in clause 9. 16
Insert instead "Civil and Administrative Tribunal". 17
[2] Schedule 1, clause 30 18
Omit the clause. 19
[3] Schedule 2 Additional kinds of public documents 20
Omit clause 5. 21
[4] Schedule 3 Additional proceedings of public concern 22
Omit clause 15. 23
2.47 Disability Services Act 1993 No 3 24
[1] Part 2, Division 3, heading 25
Omit the heading. Insert instead: 26
Division 3 Applications for administrative review by Civil and 27
Administrative Tribunal 28
[2] Section 20 Decisions that are administratively reviewable by Civil and Administrative 29
Tribunal 30
Omit "For the purposes of section 28 (1) (a) of the Community Services (Complaints, 31
Reviews and Monitoring) Act 1993, any of the following decisions is reviewable by the 32
Administrative Decisions Tribunal:". 33
Insert instead "Each of the following decisions is an administratively reviewable decision 34
for the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and 35
Monitoring) Act 1993:". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 25 Section 3 and Schedule 1 not to give rise to or affect cause of action 1
Omit "Administrative Decisions Tribunal" from section 25 (2). 2
Insert instead "Civil and Administrative Tribunal". 3
2.48 Drug and Alcohol Treatment Act 2007 No 7 4
Section 45 5
Omit the section. Insert instead: 6
45 Appeal to Civil and Administrative Tribunal 7
(1) A person aggrieved by an order or determination of a Magistrate under this 8
Part may appeal against the order or determination to the Civil and 9
Administrative Tribunal. 10
Note. An appeal under this section is an external appeal to the Tribunal for the 11
purposes of the Civil and Administrative Tribunal Act 2013. 12
(2) An appeal may be made: 13
(a) as of right, on any question of law, or 14
(b) by leave of the Tribunal, on any other grounds. 15
2.49 Education Act 1990 No 8 16
[1] Section 3 Definitions 17
Omit the definition of Tribunal from section 3 (1). Insert instead: 18
Tribunal means the Civil and Administrative Tribunal. 19
[2] Section 51 Determination by Minister of applications for initial registration of new 20
non-government schools etc 21
Omit "a review" wherever occurring in section 51 (3). 22
Insert instead "an administrative review". 23
[3] Section 56 Renewal of registration by Minister 24
Omit "reviewing" from section 56 (1). Insert instead "administratively reviewing". 25
[4] Section 56 (4) 26
Omit "a review" wherever occurring. Insert instead "an administrative review". 27
[5] Section 59 Cancellation of registration 28
Omit "a review" wherever occurring in section 59 (3). 29
Insert instead "an administrative review". 30
[6] Section 61 Cancellation of registration of relocated schools 31
Omit "a review" wherever occurring in section 61 (4). 32
Insert instead "an administrative review". 33
[7] Section 72 Registration for home schooling 34
Omit "a review" wherever occurring in section 72 (2) and (4). 35
Insert instead "an administrative review". 36
Page 31
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[8] Section 74 Cancellation of registration for home schooling 1
Omit "a review" wherever occurring in section 74 (3). 2
Insert instead "an administrative review". 3
[9] Section 76 Consideration by Board of notice of conscientious objection 4
Omit "Review" from section 76 (4). Insert instead "Administrative review". 5
[10] Section 77 Acceptance or rejection of conscientious objection 6
Omit "a review" wherever occurring in section 77 (2). 7
Insert instead "an administrative review". 8
[11] Section 82 Cancellation of exemption 9
Omit "Review" from section 82 (2). Insert instead "Administrative review". 10
[12] Section 82 (3) 11
Omit "a review" wherever occurring. Insert instead "an administrative review". 12
[13] Section 88 Decision of Board not to accredit school 13
Omit "a review" from section 88 (2) (b). Insert instead "an administrative review". 14
[14] Section 89 Minister may accredit school 15
Omit "an application to review" from section 89 (1). 16
Insert instead "an application for an administrative review of". 17
[15] Section 91 Cancellation of accreditation 18
Omit "a review" from section 91 (2) (b). Insert instead "an administrative review". 19
[16] Section 91 (3) 20
Omit "an application to review". 21
Insert instead "an application for an administrative review of". 22
[17] Part 10, heading 23
Omit "Review". Insert instead "Administrative review". 24
[18] Section 107 Applications for administrative reviews of certain decisions 25
Omit "for a review" from section 107 (1). 26
Insert instead "for an administrative review under the Administrative Decisions Review 27
Act 1997". 28
[19] Section 108 Determination of application by the Tribunal 29
Omit "the review" and "of review" wherever occurring in section 108 (1) and (2). 30
Insert instead "the administrative review" and "of administrative review", respectively. 31
[20] Section 108 32
Omit "Administrative Decisions Tribunal Act 1997" wherever occurring in section 108 (2) 33
and the note at the end of the section. 34
Insert instead "Administrative Decisions Review Act 1997". 35
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[21] Section 109 Failure of Board to make a recommendation or decision 1
Omit "Administrative Decisions Tribunal Act 1997" from section 109 (2). 2
Insert instead "Administrative Decisions Review Act 1997". 3
2.50 Education (School Administrative and Support Staff) Act 1987 No 240 4
Section 32M Review of failure to obtain authorisation or of unauthorised status 5
Omit "Administrative Decisions Tribunal" from section 32M (1). 6
Insert instead "Civil and Administrative Tribunal". 7
2.51 Electricity (Consumer Safety) Act 2004 No 4 8
Section 14 Administrative review of certain model approval decisions by Civil and 9
Administrative Tribunal 10
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 11
occurring in section 14 (1) and (2). 12
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 13
review under the Administrative Decisions Review Act 1997". 14
2.52 Electricity Supply Act 1995 No 94 15
[1] Section 95A Administrative review of certain decisions concerning licences 16
Omit "may apply to the Administrative Decisions Tribunal for a review" from 17
section 95A (1). 18
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 19
review under the Administrative Decisions Review Act 1997". 20
[2] Section 95A (2) 21
Omit "Administrative Decisions Tribunal Act 1997". 22
Insert instead "Administrative Decisions Review Act 1997". 23
[3] Section 97I Administrative review by Civil and Administrative Tribunal of decisions 24
about certificates and related matters 25
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 26
occurring. 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
[4] Section 171 Administrative reviews by Civil and Administrative Tribunal 30
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 31
occurring. 32
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 33
review under the Administrative Decisions Review Act 1997". 34
[5] Schedule 6 Savings, transitional and other provisions 35
Omit "(Appeals to Administrative Decisions Tribunal)" from clause 53 (5). 36
Insert instead "(Administrative reviews by Civil and Administrative Tribunal)". 37
Page 33
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.53 Electricity Supply (General) Regulation 2001 1
[1] Clause 72 Administrative reviews 2
Omit the note at the end of the clause. Insert instead: 3
Note. This clause allows the decisions referred to above to be administratively 4
reviewed by the Civil and Administrative Tribunal. 5
[2] Clause 112 Decisions administratively reviewable by Civil and Administrative 6
Tribunal 7
Omit the note at the end of the clause. Insert instead: 8
Note. This clause allows the decisions referred to above to be administratively 9
reviewed by the Civil and Administrative Tribunal. 10
2.54 Entertainment Industry Act 1989 No 230 11
[1] Section 23 Notice of refusal 12
Omit "any application to the Administrative Decisions Tribunal for a review under this 13
Act" from section 23 (3). 14
Insert instead "any application under this Act to the Civil and Administrative Tribunal for 15
an administrative review". 16
[2] Section 36 Directions by Council to employers and operators of premises 17
Omit "Reviews by Administrative Decisions Tribunal" from section 36 (5). 18
Insert instead "Administrative reviews by Civil and Administrative Tribunal". 19
[3] Section 37 Directions by Council to owners of premises 20
Omit "Reviews by Administrative Decisions Tribunal" from section 37 (4). 21
Insert instead "Administrative reviews by Civil and Administrative Tribunal". 22
[4] Part 5, heading 23
Omit the heading. Insert instead: 24
Part 5 Administrative reviews by Civil and Administrative 25
Tribunal 26
[5] Section 42 Right to apply to Tribunal 27
Omit "may apply to the Administrative Decisions Tribunal for a review". 28
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 29
review under the Administrative Decisions Review Act 1997". 30
[6] Section 43 Effect of decisions subject to appeal 31
Omit "order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of 32
Chapter 5 of the Administrative Decisions Tribunal Act 1997". 33
Insert instead "order made by the Civil and Administrative Tribunal under Division 2 of 34
Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997". 35
Page 34
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.55 Exhibited Animals Protection Act 1986 No 123 1
[1] Part 3, Division 5, heading 2
Omit the heading. Insert instead: 3
Division 5 Administrative reviews by Civil and Administrative 4
Tribunal 5
[2] Section 32 Applications for administrative review by Civil and Administrative 6
Tribunal 7
Omit "may apply to the Administrative Decisions Tribunal for a review" from 8
section 32 (1). 9
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 10
review under the Administrative Decisions Review Act 1997". 11
[3] Section 32 (2) 12
Omit "a review" and "Division 2 of Part 3 of Chapter 5 of the Administrative Decisions 13
Tribunal Act 1997". 14
Insert instead "an administrative review" and "Division 2 of Part 3 of Chapter 3 of the 15
Administrative Decisions Review Act 1997", respectively. 16
2.56 Explosives Act 2003 No 39 17
[1] Section 24 Administrative review of decisions by Civil and Administrative Tribunal 18
Omit "may apply to the Administrative Decisions Tribunal for a review" from 19
section 24 (1). 20
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 21
review under the Administrative Decisions Review Act 1997". 22
[2] Section 24 (4), (5) and (7) 23
Omit "Administrative Decisions Tribunal Act 1997" wherever occurring. 24
Insert instead "Administrative Decisions Review Act 1997". 25
[3] Section 24 (7) 26
Omit "applications for review". Insert instead "applications for administrative review". 27
[4] Section 24 (8) 28
Omit "Without limiting section 67 (Parties to proceedings before Tribunal) of the 29
Administrative Decisions Tribunal Act 1997". 30
Insert instead "Without limiting section 44 (Parties and intervention) of the Civil and 31
Administrative Tribunal Act 2013". 32
[5] Section 24A Disclosure of criminal intelligence information 33
Omit "Administrative Decisions Tribunal for a review" from section 24A (1) (a). 34
Insert instead "Civil and Administrative Tribunal for an administrative review". 35
[6] Section 24A (2) 36
Omit "In determining an application for a review of any decision to refuse to grant a licence 37
or security clearance or to suspend or cancel a licence or security clearance that was made 38
Page 35
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
on the ground of a report under section 13 made by the Commissioner of Police, the 1
Administrative Decisions Tribunal:". 2
Insert instead "In determining an application for an administrative review of any decision 3
to refuse to grant a licence or security clearance or to suspend or cancel a licence or security 4
clearance that was made on the ground of a report under section 13 made by the 5
Commissioner of Police, the Civil and Administrative Tribunal (and any Appeal Panel of 6
the Tribunal in determining any internal appeal against such a review under the Civil and 7
Administrative Tribunal Act 2013):". 8
[7] Section 24A (2) (b) 9
Omit "applicant for review". Insert instead "applicant for the administrative review". 10
[8] Section 24A (2), note 11
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 12
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 13
2.57 Explosives Regulation 2013 14
Schedule 3 Savings and transitional 15
Omit "Administrative Decisions Tribunal" from clause 4 (3). 16
Insert instead "Civil and Administrative Tribunal". 17
2.58 Fair Trading Act 1987 No 68 18
Section 79A Suspension of licences 19
Omit "may apply to the Administrative Decisions Tribunal for a review" from 20
section 79A (8). 21
Insert instead "may apply to the Tribunal for an administrative review under the 22
Administrative Decisions Review Act 1997". 23
2.59 Firearms Act 1996 No 46 24
[1] Part 8, heading 25
Omit "Administrative Decisions Tribunal". 26
Insert instead "Civil and Administrative Tribunal". 27
[2] Section 75 Administrative reviews by Civil and Administrative Tribunal of certain 28
decisions 29
Omit "may apply to the Administrative Decisions Tribunal for a review" from 30
section 75 (1). 31
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 32
review under the Administrative Decisions Review Act 1997". 33
[3] Section 75 (1A) (as inserted by the Firearms and Criminal Groups Legislation 34
Amendment Act 2013) 35
Omit "a reviewable decision for the purposes of section 53 (Internal reviews) of the 36
Administrative Decisions Tribunal Act 1997". 37
Insert instead "an administratively reviewable decision for the purposes of 38
section 53 (Internal reviews) of the Administrative Decisions Review Act 1997". 39
Page 36
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[4] Section 75 (2) 1
Omit "a review". Insert instead "an administrative review". 2
[5] Section 75 (3) 3
Omit the subsection. Insert instead: 4
(3) The Minister is not to recommend the making of a regulation containing 5
provisions for the purposes of subsection (1) (g) unless the Minister certifies 6
that the Minister administering the Civil and Administrative Tribunal Act 2013 7
has agreed to the provisions. 8
[6] Section 75 (4) 9
Omit the subsection. Insert instead: 10
(4) The following provisions of the Administrative Decisions Review Act 1997 do 11
not apply to an application to the Civil and Administrative Tribunal for an 12
administrative review of a decision referred to in subsection (1) (a) or (c) that 13
was made on the grounds referred to in section 11 (5A) or 29 (3A): 14
(a) Part 2 of Chapter 3, 15
(b) section 58. 16
[7] Section 75 (5) 17
Omit "In determining an application for a review of any such decision, the Administrative 18
Decisions Tribunal:". 19
Insert instead "In determining an application for an administrative review of any such 20
decision, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in 21
determining any internal appeal against such a review under the Civil and Administrative 22
Tribunal Act 2013):". 23
[8] Section 75 (5) (b) 24
Omit "applicant for review". Insert instead "applicant for the administrative review". 25
2.60 Firearms Regulation 2006 26
Clause 131 Prescribed decisions for purposes of applications to Civil and 27
Administrative Tribunal under section 75 (1) (g) 28
Omit "Administrative Decisions Tribunal" from clause 131 (2). 29
Insert instead "Civil and Administrative Tribunal". 30
2.61 First Home Owner Grant (New Homes) Act 2000 No 21 31
[1] Section 26 Powers of Chief Commissioner on objection 32
Omit "Administrative Decisions Tribunal Act 1997" from section 26 (4). 33
Insert instead "Administrative Decisions Review Act 1997". 34
[2] Section 26 (5) 35
Omit "review". Insert instead "an administrative review". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 28 Administrative reviews by Civil and Administrative Tribunal 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 28 (1). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[4] Section 28 (2)-(5) 6
Omit "review" wherever occurring. Insert instead "an administrative review". 7
[5] Section 28 (5) and (7) (a) 8
Omit "Administrative Decisions Tribunal" wherever occurring. 9
Insert instead "Civil and Administrative Tribunal". 10
[6] Section 28 (6) 11
Omit the subsection. Insert instead: 12
(6) The following provisions of the Administrative Decisions Review Act 1997 do 13
not apply to an application made under this section: 14
(a) Part 2 of Chapter 3, 15
(b) section 55 (3)-(6), 16
(c) Division 2 of Part 3 of Chapter 3. 17
[7] Section 28 (7) 18
Omit "Administrative Decisions Tribunal Act 1997". 19
Insert instead "Administrative Decisions Review Act 1997". 20
[8] Section 29 Powers of Civil and Administrative Tribunal on administrative review 21
Omit "On a review, the Administrative Decisions Tribunal" from section 28 (1). 22
Insert instead "On an administrative review, the Civil and Administrative Tribunal". 23
[9] Section 29 (2) 24
Omit the subsection. Insert instead: 25
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 26
of the Administrative Decisions Review Act 1997". 27
2.62 Fisheries Management Act 1994 No 38 28
[1] Part 4, Division 6, heading 29
Omit the heading. Insert instead: 30
Division 6 Administrative reviews by Civil and Administrative 31
Tribunal 32
[2] Section 126 Applications to Civil and Administrative Tribunal for administrative 33
reviews of certain decisions 34
Omit "may apply to the Administrative Decisions Tribunal for a review" from 35
section 126 (1). 36
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 37
review under the Administrative Decisions Review Act 1997". 38
Page 38
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 146 Issue or refusal of permit 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 146 (4). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[4] Section 160 Power to cancel or suspend a permit after a hearing 6
Omit "may apply to the Administrative Decisions Tribunal for a review" from 7
section 160 (5). 8
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 9
review under the Administrative Decisions Review Act 1997". 10
[5] Section 161 Power to declare person to be a disqualified person for the purposes of 11
this Part 12
Omit section 161 (7). Insert instead: 13
(7) The person concerned may apply to the Civil and Administrative Tribunal for 14
an administrative review under the Administrative Decisions Review Act 1997 15
for a review of a declaration under this section. 16
[6] Section 177 Power of Minister to cancel leases in certain cases 17
Omit "may apply to the Administrative Decisions Tribunal for a review" from 18
section 177 (4). 19
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 20
review under the Administrative Decisions Review Act 1997". 21
2.63 Food Act 2003 No 43 22
[1] Section 4 Definitions 23
Omit the definition of Administrative Decisions Tribunal from section 4 (1). 24
[2] Section 34 Compensation 25
Omit "may apply to the Administrative Decisions Tribunal for a review" from 26
section 34 (5). 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
[3] Section 51 Compensation to be paid in certain circumstances 30
Omit "may apply to the Administrative Decisions Tribunal for a review" from 31
section 51 (5). 32
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 33
review under the Administrative Decisions Review Act 1997". 34
[4] Section 65 Administrative review of decision to refuse certificate of clearance 35
Omit "may apply to the Administrative Decisions Tribunal for a review". 36
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 37
review under the Administrative Decisions Review Act 1997". 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 66 Compensation 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 66 (5). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[6] Section 79 Administrative review of decisions relating to approval 6
Omit "may apply to the Administrative Decisions Tribunal for a review" from 7
section 79 (1). 8
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 9
review under the Administrative Decisions Review Act 1997". 10
[7] Section 79 (2) 11
Omit "the review" wherever occurring. Insert instead "the administrative review". 12
[8] Section 85 Administrative review of decisions relating to approval 13
Omit "may apply to the Administrative Decisions Tribunal for a review" from 14
section 85 (1). 15
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 16
review under the Administrative Decisions Review Act 1997". 17
[9] Section 85 (2) 18
Omit "the review" wherever occurring. Insert instead "the administrative review". 19
[10] Section 91 Administrative review of decisions relating to approval 20
Omit "may apply to the Administrative Decisions Tribunal for a review" from 21
section 91 (1). 22
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 23
review under the Administrative Decisions Review Act 1997". 24
[11] Section 133F Applications for changes to register 25
Omit "may apply to the Administrative Decisions Tribunal for a review" from 26
section 133F (5). 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
[12] Section 133F (6) 30
Omit "a review". Insert instead "an administrative review". 31
[13] Section 139 Regulations 32
Omit section 139 (2C) and (2D). Insert instead: 33
(2C) The regulations may provide for an application to be made to the Civil and 34
Administrative Tribunal by a person for an administrative review under the 35
Administrative Decisions Review Act 1997 of a decision, of a class prescribed 36
by the regulations, that is made under this Act or the regulations. 37
(2D) The Minister is not to recommend the making of a regulation containing 38
provisions for the purposes of subsection (2C) unless the Minister certifies that 39
the Minister administering the Civil and Administrative Tribunal Act 2013 has 40
agreed to the provisions. 41
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.64 Food Regulation 2010 1
Clause 38 Administrative review of decisions by Civil and Administrative Tribunal 2
Omit "may apply to the Administrative Decisions Tribunal for a review". 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
2.65 Forestry Act 2012 No 96 6
[1] Section 89 Administrative review of certain decisions by Civil and Administrative 7
Tribunal 8
Omit "may apply to the Administrative Decisions Tribunal for a review" from 9
section 89 (1). 10
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 11
review under the Administrative Decisions Review Act 1997". 12
[2] Section 89 (3) 13
Omit the subsection. Insert instead: 14
(3) The Minister is not to recommend the making of a regulation containing 15
provisions for the purposes of subsection (1) (c) unless the Minister certifies 16
that the Minister administering the Civil and Administrative Tribunal Act 2013 17
has agreed to the provisions. 18
2.66 Game and Feral Animal Control Act 2002 No 64 19
Section 31 Rights of administrative review 20
Omit "may apply to the Administrative Decisions Tribunal for a review" from 21
section 31 (1). 22
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 23
review under the Administrative Decisions Review Act 1997". 24
2.67 Gaming Machines Act 2001 No 127 25
[1] Section 131C Administrative review by NCAT of decision by Authority under this Part 26
Omit "for the review" and "Administrative Decisions Tribunal" from section 131C (1). 27
Insert instead "for an administrative review under the Administrative Decisions Review 28
Act 1997" and "Civil and Administrative Tribunal", respectively. 29
[2] Section 131C (3) 30
Omit the subsection. Insert instead: 31
(3) Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not 32
apply to an application to the Civil and Administrative Tribunal for an 33
administrative review of a decision by the Authority under this Part. 34
Page 41
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.68 Gas Supply Act 1996 No 38 1
[1] Section 17A Administrative review of certain decisions concerning authorisations 2
Omit "may apply to the Administrative Decisions Tribunal for a review" from 3
section 17A (1). 4
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 5
review under the Administrative Decisions Review Act 1997". 6
[2] Section 17A (2) 7
Omit "Administrative Decisions Tribunal Act 1997". 8
Insert instead "Administrative Decisions Review Act 1997". 9
[3] Section 45A Administrative review of certain decisions concerning licences 10
Omit "may apply to the Administrative Decisions Tribunal for a review" from 11
section 45A (1). 12
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 13
review under the Administrative Decisions Review Act 1997". 14
[4] Section 45A (2) 15
Omit "Administrative Decisions Tribunal Act 1997". 16
Insert instead "Administrative Decisions Review Act 1997". 17
2.69 Government Information (Public Access) Act 2009 No 52 18
[1] Section 82 Right of internal review 19
Omit "review by the ADT under" from section 82 (5). 20
Insert instead "an administrative review by NCAT as provided by". 21
[2] Section 98 No review of decisions administratively reviewed by NCAT 22
Omit "review by the ADT". 23
Insert instead "an administrative review by NCAT". 24
[3] Section 99 Referral of agency decision to NCAT 25
Omit "the ADT for review". Insert instead "NCAT for an administrative review". 26
[4] Part 5, Division 4, heading 27
Omit the heading. Insert instead: 28
Division 4 Administrative review by Civil and Administrative 29
Tribunal 30
Page 42
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 100 1
Omit the section. Insert instead: 2
100 Administrative review of decision by NCAT 3
A person who is aggrieved by a reviewable decision of an agency may apply 4
to NCAT for an administrative review under the ADR Act of the decision 5
(referred to in this Division as an NCAT administrative review). 6
Note. A reviewable decision does not have to be internally reviewed or reviewed by the 7
Information Commissioner before it can be the subject of an NCAT administrative 8
review. 9
[6] Sections 101-112 10
Omit each term or expression specified in Column 1 of the following Table wherever 11
occurring (including definitions, headings and notes) and regardless of capitalisation. 12
Insert instead the term or expression specified in Column 2 opposite the term specified in 13
Column 1 with capitalisation that corresponds to the omitted term or expression: 14
Table 15
Column 1 Column 2
"ADT Act" "ADR Act"
"an ADT review" "an NCAT administrative review"
any other reference to "ADT review" "NCAT administrative review"
"the ADT" (except where occurring in the expressions "NCAT"
"the ADT Act" or "the ADT review")
any other reference to "ADT" "NCAT"
[7] Section 103 Operation of other ADR Act provisions 16
Omit "Chapter 5". Insert instead "Chapter 3". 17
[8] Section 112A 18
Insert after section 112: 19
112A Relationship of Division with ADR Act and NCAT Act 20
The provisions of this Division are intended to prevail to the extent of any 21
inconsistency with provisions of the ADR Act or the NCAT Act. 22
[9] Schedule 4 Interpretative provisions 23
Omit the definitions of ADT and ADT Act from clause 1. Insert in alphabetical order: 24
ADR Act means the Administrative Decisions Review Act 1997. 25
NCAT means the Civil and Administrative Tribunal. 26
NCAT Act means the Civil and Administrative Tribunal Act 2013. 27
2.70 Government Information (Public Access) Regulation 2009 28
Schedule 3 Agencies declared to be part of other agencies 29
Omit the matter relating to the Administrative Decisions Tribunal. 30
Page 43
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.71 Guardianship Act 1987 No 257 1
[1] Section 3 Definitions 2
Omit the definition of ADT from section 3 (1). 3
[2] Section 80A Administrative review by Civil and Administrative Tribunal of 4
guardianship decisions of Public Guardian 5
Omit "application may be made to the ADT for a review" from section 80A (1). 6
Insert instead "application may be made to the Civil and Administrative Tribunal for an 7
administrative review under the Administrative Decisions Review Act 1997". 8
[3] Section 80A (2) (d) 9
Omit "ADT". Insert instead "Civil and Administrative Tribunal". 10
2.72 Guardianship Regulation 2010 11
Clause 17, heading 12
Omit "Review" and "ADT". 13
Insert instead "Administrative review" and "Tribunal", respectively. 14
2.73 Health Care Complaints Act 1993 No 105 15
[1] Section 41C Administrative review by Civil and Administrative Tribunal 16
Omit "may apply to the Administrative Decisions Tribunal for a review" from 17
section 41C (1). 18
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 19
review under the Administrative Decisions Review Act 1997". 20
[2] Section 94C Protection from liability for certain publications 21
Omit "Administrative Decisions Tribunal" from paragraph (a) of the definition of protected 22
person in section 94C (2). 23
Insert instead "Civil and Administrative Tribunal". 24
2.74 Health Practitioner Regulation (Adoption of National Law) Act 2009 25
No 86 26
Schedule 1 Modification of Health Practitioner Regulation National Law 27
Omit "may apply to the Administrative Decisions Tribunal for a review" from 28
clause 13 (1) of Schedule 5F in Schedule 1 [25]. 29
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 30
review under the Administrative Decisions Review Act 1997". 31
2.75 Health Records and Information Privacy Act 2002 No 71 32
[1] Section 4 Definitions 33
Omit the definition of Tribunal from section 4 (1). Insert instead: 34
Tribunal means the Civil and Administrative Tribunal. 35
Page 44
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Part 6, Division 2 Functions of the Tribunal 1
Omit the note at the beginning of the Division. Insert instead: 2
Note. The Civil and Administrative Tribunal Act 2013 contains provisions dealing with 3
the practice and procedure of the Tribunal, including matters concerning parties and 4
their representation. 5
[3] Section 53 Relationship to Civil and Administrative Tribunal Act 2013 6
Omit "Chapter 6 of the Administrative Decisions Tribunal Act 1997". 7
Insert instead "Part 4 of the Civil and Administrative Tribunal Act 2013". 8
[4] Section 55 Costs 9
Omit the section. 10
[5] Section 56 Compliance with order of Tribunal 11
Omit the section. 12
[6] Section 57 Appeals to Appeal Panel against decisions and orders of Tribunal 13
Omit the section. 14
2.76 Hemp Industry Act 2008 No 58 15
Section 38 Administrative review by NCAT of certain licence decisions 16
Omit "may apply to the Administrative Decisions Tribunal for a review". 17
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 18
review under the Administrative Decisions Review Act 1997". 19
2.77 Higher Education Act 2001 No 102 20
Section 17 Administrative review of decisions 21
Omit "may apply to the Administrative Decisions Tribunal for a review". 22
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 23
review under the Administrative Decisions Review Act 1997". 24
2.78 Home Building Act 1989 No 147 25
[1] Section 20 Issue of contractor licences 26
Omit "the Administrative Decisions Tribunal in an application for review" from 27
section 20 (5). 28
Insert instead "the Tribunal in an application for an administrative review". 29
[2] Section 25 Issue of certificates 30
Omit "the Administrative Decisions Tribunal in an application for review" from 31
section 25 (4). 32
Insert instead "the Tribunal in an application for an administrative review". 33
Page 45
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 42A Automatic suspension of licence for failure to comply with order to pay 1
money in relation to building claim 2
Omit "the Administrative Decisions Tribunal in an application for review" from 3
section 42A (6). 4
Insert instead "the Tribunal in an application for an administrative review". 5
[4] Section 67 Enforcement of monetary penalties and payment of costs 6
Omit "the Administrative Decisions Tribunal in an application for review" from 7
section 67 (3). 8
Insert instead "the Tribunal in an application for an administrative review". 9
[5] Part 4A, heading 10
Omit the heading. Insert instead: 11
Part 4A Administrative reviews by Tribunal 12
[6] Section 83A Definitions 13
Omit the definition of Tribunal. 14
[7] Section 83B Administrative reviews by Tribunal 15
Omit "may apply to the Tribunal for a review" wherever occurring in section 83B (1)-(3). 16
Insert instead "may apply to the Tribunal for an administrative review under the 17
Administrative Decisions Review Act 1997". 18
2.79 Home Building Regulation 2004 19
[1] Clause 51 Modification of Part 2 of Licensing and Registration (Uniform Procedures) 20
Act 2002 21
Omit "Administrative Decisions Tribunal" wherever occurring in clause 51 (c). 22
Insert instead "Civil and Administrative Tribunal". 23
[2] Clause 81 Administrative review by Civil and Administrative Tribunal 24
Omit "review by the Administrative Decisions Tribunal" from the note to clause 81 (1). 25
Insert instead "the administrative review by the Civil and Administrative Tribunal". 26
2.80 Housing Act 2001 No 52 27
Section 67H Administrative review of certain decisions by Civil and Administrative 28
Tribunal 29
Omit "may apply to the Administrative Decisions Tribunal for a review" from 30
section 67H (1). 31
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 32
review under the Administrative Decisions Review Act 1997". 33
Page 46
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.81 Hunter Water Act 1991 No 53 1
[1] Section 17B Administrative review of certain decisions of Tribunal concerning 2
operating licence 3
Omit "may apply to the Administrative Decisions Tribunal for a review" from 4
section 17B (1). 5
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 6
review under the Administrative Decisions Review Act 1997". 7
[2] Section 17B (2) 8
Omit "Administrative Decisions Tribunal Act 1997". 9
Insert instead "Administrative Decisions Review Act 1997". 10
2.82 Impounding Act 1993 No 31 11
[1] Part 6, heading 12
Omit "Administrative Decisions Tribunal". 13
Insert instead "Civil and Administrative Tribunal". 14
[2] Section 38 Owner of impounded item can apply to Civil and Administrative Tribunal 15
for administrative review 16
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 17
occurring in section 38 (1) and (2). 18
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 19
review under the Administrative Decisions Review Act 1997". 20
[3] Section 38 (3) and (4) 21
Omit "Administrative Decisions Tribunal" wherever occurring. 22
Insert instead "Civil and Administrative Tribunal". 23
[4] Section 39 Time limits for applications 24
Omit section 39 (1). 25
[5] Section 39 (2)-(4) 26
Omit "for review" and "for a review" wherever occurring. 27
Insert instead "for an administrative review". 28
[6] Section 40 Result of application to Civil and Administrative Tribunal 29
Omit "for a review" wherever occurring. Insert instead "for an administrative review". 30
2.83 Industrial Relations Act 1996 No 17 31
Section 169 Anti-discrimination matters 32
Omit "Administrative Decisions Tribunal" from section 169 (2). 33
Insert instead "Civil and Administrative Tribunal". 34
Page 47
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.84 Institute of Teachers Act 2004 No 65 1
Section 27 Administrative review by Civil and Administrative Tribunal of 2
accreditation decisions 3
Omit "may apply to the Administrative Decisions Tribunal for a review" from 4
section 27 (1). 5
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 6
review under the Administrative Decisions Review Act 1997". 7
2.85 Institute of Teachers Regulation 2010 8
Schedule 3 Fees 9
Omit "Administrative Decisions Tribunal". 10
Insert instead "Civil and Administrative Tribunal". 11
2.86 Interpretation Act 1987 No 15 12
Section 21 Meanings of commonly used words and expressions 13
Omit the definition of Administrative Decisions Tribunal from section 21 (1). 14
2.87 Judicial Officers Act 1986 No 100 15
[1] Section 3 Definitions 16
Omit paragraph (g) from the definition of judicial officer in section 3 (1). 17
[2] Section 43 Appropriate authorities to suspend etc 18
Omit ", the President of the Administrative Decisions Tribunal". 19
[3] Schedule 4A NSW and corresponding courts 20
Omit "Administrative Decisions Tribunal" from Column 1. 21
Insert instead "Civil and Administrative Tribunal". 22
2.88 Legal Profession Act 2004 No 112 23
[1] Section 4 Definitions 24
Omit the definitions of Legal Services Division and Tribunal from section 4 (1). 25
Insert in alphabetical order: 26
Tribunal means the Civil and Administrative Tribunal. 27
[2] Section 17 Associates who are disqualified or convicted persons 28
Omit "may apply to the Tribunal for a review" from section 17 (4). 29
Insert instead "may apply to the Tribunal for an administrative review under the 30
Administrative Decisions Review Act 1997". 31
[3] Section 17 (4) 32
Omit the note to the subsection. 33
[4] Section 20 Council to maintain register of prohibition orders and approvals 34
Omit section 20 (1)-(3) and (5). 35
Page 48
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 70 No decision in required period--suspension of practising certificate and 1
referral to Commissioner 2
Omit "The decision of the Tribunal on the application is an original decision for the 3
purposes of the Administrative Decisions Tribunal Act 1997." from section 70 (3). 4
[6] Section 72 Council to implement decisions under this Division 5
Omit "Administrative Decisions Tribunal Act 1997" and "a review" from section 72 (9). 6
Insert instead "Administrative Decisions Review Act 1997" and "an administrative review", 7
respectively. 8
[7] Section 75 Administrative review of decisions by Tribunal 9
Omit "may apply to the Tribunal for a review of the decision" from section 75 (1). 10
Insert instead "may apply to the Tribunal for an administrative review under the 11
Administrative Decisions Review Act 1997". 12
[8] Section 75 (2) and (3) 13
Omit "for review" and "on a review" wherever occurring. 14
Insert instead "for an administrative review" and "on an administrative review", 15
respectively. 16
[9] Section 75 (4) 17
Omit "The Tribunal may make any order it considers appropriate on a review under this 18
section,". 19
Insert instead "Without limiting Division 3 of Part 3 of Chapter 3 of the Administrative 20
Decisions Review Act 1997, the Tribunal may make any order it considers appropriate in 21
proceedings on an application under this section,". 22
[10] Section 75, note 23
Omit the note at the end of the section. 24
[11] Section 76 Parties to Tribunal proceedings 25
Omit the section. 26
[12] Section 85 Regulation of advertising and other marketing of services 27
Omit section 85 (7) (b). 28
[13] Section 289 Payments from Fund 29
Omit "under section 566 (3) (Costs)" from section 289 (1) (c). 30
Insert instead "made under Schedule 5 to the Civil and Administrative Tribunal Act 2013". 31
[14] Section 540 Summary conclusion of complaint procedure by caution, reprimand, 32
compensation order or imposition of conditions 33
Omit "may apply to the Tribunal for a review" from section 540 (5). 34
Insert instead "may apply to the Tribunal for an administrative review under the 35
Administrative Decisions Review Act 1997". 36
[15] Section 540 (5), note 37
Omit the note. 38
Page 49
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[16] Section 544 Reviews 1
Omit "for a review" from section 544 (6). Insert instead "for an administrative review". 2
[17] Section 545 Decision of Commissioner on review 3
Omit "may apply to the Tribunal for a review" from section 545 (4). 4
Insert instead "may apply to the Tribunal for an administrative review under the 5
Administrative Decisions Review Act 1997". 6
[18] Section 545 (4), note 7
Omit the note. 8
[19] Section 552 Time for commencing proceedings 9
Omit section 552 (5). 10
[20] Section 554 Joinder 11
Omit "its rules". 12
Insert instead "its procedural rules (within the meaning of Civil and Administrative 13
Tribunal Act 2013)". 14
[21] Section 558 Rules of evidence 15
Omit the section. 16
[22] Section 559 Parties 17
Omit the section. 18
[23] Section 560 Hearings to be conducted in public 19
Omit the section. 20
[24] Section 566 Costs 21
Omit the section. 22
[25] Section 573 Making of compensation orders 23
Omit "may apply to the Tribunal for a review", "The review" and "application for review" 24
from section 573 (5). 25
Insert instead "may apply to the Tribunal for an administrative review under the 26
Administrative Decisions Review Act 1997", "The administrative review" and "application 27
for administrative review", respectively. 28
[26] Section 573 (5), note 29
Omit the note. 30
[27] Section 574 Enforcement of compensation orders 31
Omit "section 82 of the Administrative Decisions Tribunal Act 1997" from the note to 32
section 574 (1). 33
Insert instead "section 78 of the Civil and Administrative Tribunal Act 2013". 34
[28] Section 601 Protection from liability 35
Omit "the Registrar" from section 601 (1) (g). Insert instead "a registrar". 36
Page 50
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[29] Section 601 (2), definition of "protected person" 1
Omit "the Registrar" from paragraph (d). Insert instead "a registrar". 2
[30] Section 729A Appeals against orders and decisions of Tribunal 3
Omit the section. 4
[31] Section 738 Regulations 5
Omit "for a review" from section 738 (6). 6
Insert instead "for an administrative review under the Administrative Decisions Review 7
Act 1997". 8
[32] Schedule 9 Savings, transitional and other provisions 9
Insert after clause 1: 10
1A References to Tribunal before establishment of NCAT 11
A reference to the Tribunal in a provision of this Schedule that was inserted 12
before the establishment day (within the meaning of the Civil and 13
Administrative Tribunal Act 2013) is a reference to the former Administrative 14
Decisions Tribunal. 15
2.89 Licensing and Registration (Uniform Procedures) Act 2002 No 28 16
[1] Section 19 Notice of decision on applications 17
Omit "a right of review by the Administrative Decisions Tribunal" from section 19 (4). 18
Insert instead "a right of administrative review by the Civil and Administrative Tribunal". 19
[2] Section 23 Review of decisions 20
Omit "to the Administrative Decisions Tribunal" wherever occurring in section 23 (1) 21
and (2). 22
Insert "to the Civil and Administrative Tribunal (with the review being an administrative 23
review under the Administrative Decisions Review Act 1997)". 24
[3] Section 23 (3) 25
Omit the subsection. Insert instead: 26
(3) The parties to proceedings before the Civil and Administrative Tribunal on an 27
administrative review arising under subsection (1) (b) or (2) (b) include, in the 28
case of an advertised application in respect of which any objection has been 29
duly made under section 15, any objector who, in accordance with the 30
procedural rules (within the meaning of the Civil and Administrative Tribunal 31
Act 2013), gives notice to the Tribunal of the objector's wish to become a party 32
to the application for the review. 33
[4] Section 48 Notice of decision on applications 34
Omit "a right of review by the Administrative Decisions Tribunal" from section 48 (4). 35
Insert instead "a right of administrative review by the Civil and Administrative Tribunal". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 52 Review of decisions 1
Omit "to the Administrative Decisions Tribunal" wherever occurring in section 52 (1) 2
and (2). 3
Insert "to the Civil and Administrative Tribunal (with the review being an administrative 4
review under the Administrative Decisions Review Act 1997)". 5
[6] Section 52 (3) 6
Omit the subsection. Insert instead: 7
(3) The parties to proceedings before the Civil and Administrative Tribunal on an 8
administrative review arising under subsection (1) (b) or (2) (b) include, in the 9
case of an advertised application in respect of which any submission has been 10
duly made under section 44, any objector who, in accordance with the 11
procedural rules (within the meaning of the Civil and Administrative Tribunal 12
Act 2013), gives notice to the Tribunal of the objector's wish to become a party 13
to the application for the review. 14
2.90 Liquor Act 2007 No 90 15
[1] Section 144 16
Omit the section. Insert instead: 17
144 Administrative review by NCAT of decisions by Authority under this Part 18
(1) Each of the following persons may apply to the Civil and Administrative 19
Tribunal for an administrative review under the Administrative Decisions 20
Review Act 1997 of a decision by the Authority in relation to a complaint under 21
this Part: 22
(a) the person against whom any disciplinary action is taken by the 23
Authority in relation to the complaint, 24
(b) the complainant. 25
(2) Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not 26
apply to an application to the Civil and Administrative Tribunal for an 27
administrative review of a decision by the Authority under this Part. 28
(3) In determining an application for a review of any decision by the Authority 29
under section 141 (1A) or (1B), the Civil and Administrative Tribunal (and 30
any Appeal Panel of the Tribunal in determining any internal appeal against 31
such a review under the Civil and Administrative Tribunal Act 2013): 32
(a) is to ensure that it does not, in the reasons for its decision or otherwise, 33
disclose any criminal intelligence without the approval of the 34
Commissioner of Police, and 35
(b) in order to prevent the disclosure of any criminal intelligence, is to 36
receive evidence and hear argument in the absence of the public, the 37
applicant for the administrative review, the applicant's representative 38
and any other interested party, unless the Commissioner of Police 39
approves otherwise. 40
[2] Section 144H Reviews generally 41
Omit section 144H (2) and (3). Insert instead: 42
(2) An application is to be made: 43
(a) in the case of a decision of the Director-General--to the Authority, and 44
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
(b) in the case of a decision of the Authority--to the Civil and 1
Administrative Tribunal as an application for an administrative review 2
of the decision under the Administrative Decisions Review Act 1997. 3
(3) Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not 4
apply to an application to the Civil and Administrative Tribunal for an 5
administrative review of a decision by the Authority under this Part. 6
2.91 Local Government Act 1993 No 30 7
[1] Section 275 Who is disqualified from holding civic office? 8
Omit "Administrative Decisions Tribunal" from section 275 (4). 9
Insert instead "former Administrative Decisions Tribunal or the Civil and Administrative 10
Tribunal". 11
[2] Section 303 Making of claims for inclusion in the roll 12
Omit "may apply to the Administrative Decisions Tribunal for a review" from 13
section 303 (3). 14
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 15
review under the Administrative Decisions Review Act 1997". 16
[3] Section 303 (4) 17
Omit "Administrative Decisions Tribunal". 18
Insert instead "Civil and Administrative Tribunal". 19
[4] Section 329 Can the holder of a civic office be dismissed? 20
Omit "Administrative Decisions Tribunal" from section 329 (1). 21
Insert instead "Civil and Administrative Tribunal". 22
[5] Section 329 (6) 23
Omit the subsection. 24
[6] Section 330 Appeals to Supreme Court against dismissal order 25
Omit the section. 26
[7] Section 331 When does an order of dismissal take effect? 27
Omit "to the Supreme Court is made" from section 331 (a). 28
Insert instead "is made under the Civil and Administrative Tribunal Act 2013". 29
[8] Section 434B Expenses of investigation to be borne by council 30
Omit "may apply to the Administrative Decisions Tribunal for a review" from 31
section 434B (4). 32
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 33
review under the Administrative Decisions Review Act 1997". 34
[9] Section 434B (5) 35
Omit "a review". Insert instead "an administrative review". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[10] Section 437 Applications for administrative review by NCAT 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 437 (1). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[11] Section 437 (2) 6
Omit "a review". Insert instead "an administrative review". 7
[12] Section 438V Expenses of public inquiry to be borne by council in certain 8
circumstances 9
Omit "may apply to the Administrative Decisions Tribunal for a review" from 10
section 438V (6). 11
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 12
review under the Administrative Decisions Review Act 1997". 13
[13] Section 438V (7) 14
Omit "a review". Insert instead "an administrative review". 15
[14] Section 440M Expenses to be borne by council 16
Omit "Administrative Decisions Tribunal for a review" from section 440M (4). 17
Insert instead "Civil and Administrative Tribunal for an administrative review". 18
[15] Section 440M (5) 19
Omit "a review". Insert instead "an administrative review". 20
2.92 Lotteries and Art Unions Act 1901 No 34 21
[1] Section 22A Minister may issue direction prohibiting conduct of lottery activity 22
Omit "may apply to the Administrative Decisions Tribunal for a review" from 23
section 22A (4). 24
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 25
review under the Administrative Decisions Review Act 1997". 26
[2] Section 22AA Minister may prohibit person or organisation from conducting lottery 27
activities 28
Omit "may apply to the Administrative Decisions Tribunal for a review" from 29
section 22AA (4). 30
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 31
review under the Administrative Decisions Review Act 1997". 32
2.93 Marine Pollution Act 2012 No 5 33
Section 244 34
Omit the section. Insert instead: 35
244 Regulations may prescribe decisions that are administratively reviewable by 36
NCAT 37
(1) The regulations may authorise a person to apply to the Civil and 38
Administrative Tribunal for an administrative review under the Administrative 39
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
Decisions Review Act 1997 of a decision, of a class prescribed by the 1
regulations, that is made under this Act or the regulations. 2
(2) The Minister is not to recommend the making of any such regulation unless 3
the Minister certifies that the Minister administering the Civil and 4
Administrative Tribunal Act 2013 has agreed to the provisions concerned. 5
2.94 Marine Safety Act 1998 No 121 6
[1] Section 19 Regulations relating to safety of navigation 7
Omit "may apply to the Administrative Decisions Tribunal for a review" from 8
section 19 (3). 9
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 10
review under the Administrative Decisions Review Act 1997". 11
[2] Part 4, Division 4, heading 12
Omit the heading. Insert instead: 13
Division 4 Administrative review by Civil and Administrative 14
Tribunal 15
[3] Section 41 Definition 16
Omit "Administrative Decisions Tribunal". 17
Insert instead "Civil and Administrative Tribunal". 18
[4] Section 42 Application for administrative review 19
Omit "may apply to the Tribunal for a review". 20
Insert instead "may apply to the Tribunal for an administrative review under the 21
Administrative Decisions Review Act 1997". 22
[5] Section 125H Application to Civil and Administrative Tribunal for stay of prohibition 23
notice 24
Omit "Administrative Decisions Tribunal" from section 125H (1). 25
Insert instead "Civil and Administrative Tribunal". 26
[6] Section 125I Administrative review by Civil and Administrative Tribunal 27
Omit "may apply to the Administrative Decisions Tribunal for a review". 28
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 29
review under the Administrative Decisions Review Act 1997". 30
[7] Section 137 Regulations 31
Omit section 137 (3). Insert instead: 32
(3) The Minister is not to recommend the making of a regulation containing 33
provisions that provide for an application to be made to the Civil and 34
Administrative Tribunal for the administrative review under the 35
Administrative Decisions Review Act 1997 of a decision unless the Minister 36
certifies that the Minister administering the Civil and Administrative Tribunal 37
Act 2013 has agreed to the provisions. 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[8] Schedule 3 Amendment of other Acts 1
Omit proposed section 99C from Schedule 3.7 [15]. Insert instead: 2
99C Administrative reviews by NCAT 3
(1) The regulations may provide that a person may apply to the Civil and 4
Administrative Tribunal for the administrative review under the 5
Administrative Decisions Review Act 1997 of a decision made in respect of the 6
person under the regulations under this Part in relation to matters requiring a 7
licence or other approval from the Minister. 8
(2) The Minister is not to recommend the making of a regulation containing 9
provisions for the purposes of subsection (2) unless the Minister certifies that 10
the Minister administering the Civil and Administrative Tribunal Act 2013 has 11
agreed to the provisions. 12
2.95 Mental Health Regulation 2013 13
Schedule 1 Forms 14
Omit "Administrative Decisions Tribunal" from Form 2. 15
Insert instead "Civil and Administrative Tribunal". 16
2.96 Mine Health and Safety Act 2004 No 74 17
Section 167 18
Omit the section. Insert instead: 19
167 Regulations may prescribe decisions that are administratively reviewable by 20
NCAT 21
(1) The regulations may authorise a person to apply to the Civil and 22
Administrative Tribunal for an administrative review under the Administrative 23
Decisions Review Act 1997 of a decision under this Act or the regulations that 24
is of a class prescribed by the regulations. 25
(2) The regulations may require any person who applies to the Civil and 26
Administrative Tribunal for an administrative review of a decision under this 27
Act to notify any person of that application. 28
(3) Despite section 60 of the Administrative Decisions Review Act 1997, the 29
regulations may make provision for the operation and implementation of a 30
decision under administrative review, or pending administrative review, by the 31
Civil and Administrative Tribunal. 32
(4) The Minister is not to recommend the making of any such regulation unless 33
the Minister certifies that the Minister administering the Civil and 34
Administrative Tribunal Act 2013 has agreed to the provisions concerned. 35
2.97 Mine Health and Safety Regulation 2007 36
[1] Clause 125 Ministerial declarations that a person's competence is not recognised 37
Omit "Administrative Decisions Tribunal Act 1997" from clause 125 (6). 38
Insert instead "Administrative Decisions Review Act 1997". 39
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Clause 164 Decisions administratively reviewable by Civil and Administrative 1
Tribunal 2
Omit "may apply to the Administrative Decisions Tribunal for a review" from 3
clause 164 (1). 4
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 5
review under the Administrative Decisions Review Act 1997". 6
[3] Clause 164 (2) 7
Omit "an application for review by the Administrative Decisions Tribunal". 8
Insert instead "an application for an administrative review by the Civil and Administrative 9
Tribunal". 10
[4] Clause 179 Nomination of employer as operator of mine 11
Omit "may apply to the Administrative Decisions Tribunal for a review" from 12
clause 179 (2). 13
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 14
review under the Administrative Decisions Review Act 1997". 15
2.98 Motor Accidents Compensation Act 1999 No 41 16
[1] Section 170 Administrative reviews of licensing decisions by Civil and 17
Administrative Tribunal 18
Omit "may apply to the Administrative Decisions Tribunal for a review" from 19
section 170 (1). 20
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 21
review under the Administrative Decisions Review Act 1997". 22
[2] Section 170 (2) 23
Omit "Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" 24
and "its review". 25
Insert instead "Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review 26
Act 1997" and "its administrative review", respectively. 27
2.99 Motor Dealers Act 1974 No 52 28
[1] Section 20F Administrative reviews by Civil and Administrative Tribunal 29
Omit "may apply to the Administrative Decisions Tribunal for a review" from 30
section 20F (1). 31
Insert instead "may apply to the Tribunal for an administrative review under the 32
Administrative Decisions Review Act 1997". 33
[2] Section 20F (2) 34
Omit "a review" and "Administrative Decisions Tribunal". 35
Insert instead "an administrative review" and "Tribunal", respectively. 36
[3] Section 20F (3) 37
Omit "In determining an application for a review of any decision to refuse to grant a licence 38
because of section 12 (3A) or to cancel a licence because of section 20E (1C), the 39
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
Administrative Decisions Tribunal (and any Appeal Panel in determining any appeal 1
against such a review under the Administrative Decisions Tribunal Act 1997):". 2
Insert instead "In determining an application for an administrative review of any decision 3
to refuse to grant a licence because of section 12 (3A) or to cancel a licence because of 4
section 20E (1C), the Tribunal (and any Appeal Panel of the Tribunal in determining any 5
internal appeal against such a review under the Civil and Administrative Tribunal 6
Act 2013):". 7
[4] Section 20F (3) (b) 8
Omit "applicant for review". Insert instead "applicant for the administrative review". 9
2.100 Motor Dealers and Repairers Act 2013 10
[1] Section 176 Administrative reviews by Civil and Administrative Tribunal 11
Omit "may apply to the Administrative Decisions Tribunal for a review" from 12
section 176 (1). 13
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 14
review under the Administrative Decisions Review Act 1997". 15
[2] Section 176 (2) 16
Omit "a review" and "Administrative Decisions Tribunal". 17
Insert instead "an administrative review" and "Tribunal", respectively. 18
[3] Section 176 (3) 19
Omit "In determining an application for a review of any decision to refuse to grant, or to 20
cancel, a licence because of information provided to the Secretary by the Commissioner of 21
Police, the Administrative Decisions Tribunal (and any Appeal Panel in determining any 22
appeal against such a review under the Administrative Decisions Tribunal Act 1997):". 23
Insert instead "In determining an application for an administrative review of any decision 24
to refuse to grant, or to cancel, a licence because of information provided to the Secretary 25
by the Commissioner of Police, the Tribunal (and any Appeal Panel of the Tribunal in 26
determining any internal appeal against such a review under the Civil and Administrative 27
Tribunal Act 2013):". 28
[4] Section 176 (3) (b) 29
Omit "applicant for review". Insert instead "applicant for the administrative review". 30
2.101 Motor Vehicle Repairs Act 1980 No 71 31
[1] Section 45 Administrative reviews by Civil and Administrative Tribunal 32
Omit "may apply to the Administrative Decisions Tribunal for a review" from 33
section 45 (1). 34
Insert instead "may apply to the Tribunal for an administrative review under the 35
Administrative Decisions Review Act 1997". 36
[2] Section 45 (1A) 37
Omit "In determining an application for a review of any decision to refuse to grant a licence 38
or certificate on the grounds referred to in section 18 (2A) or 24 (4) or cancel such a licence 39
or certificate under section 44, the Administrative Decisions Tribunal (and any Appeal 40
Panel in determining any appeal against such a review under the Administrative Decisions 41
Tribunal Act 1997):". 42
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
Insert instead "In determining an application for administrative review of any decision to 1
refuse to grant a licence or certificate on the grounds referred to in section 18 (2A) or 24 (4) 2
or cancel such a licence or certificate under section 44, the Tribunal (and any Appeal Panel 3
of the Tribunal in determining any internal appeal against such a review under the Civil and 4
Administrative Tribunal Act 2013):" 5
[3] Section 45 (1A) (b) 6
Omit "applicant for review". Insert instead "applicant for the administrative review". 7
[4] Section 45 (2) 8
Omit "a review" and "Administrative Decisions Tribunal". 9
Insert instead "an administrative review" and "Tribunal", respectively. 10
2.102 Motor Vehicle Sports (Public Safety) Act 1985 No 24 11
[1] Section 3 Definitions 12
Omit the definition of Tribunal. Insert instead: 13
Tribunal means the Civil and Administrative Tribunal. 14
[2] Part 3, heading 15
Omit "Reviews". Insert instead "Administrative reviews". 16
[3] Section 9 Applications for administrative reviews by the Tribunal 17
Omit "may apply to the Tribunal for a review". 18
Insert instead "may apply to the Tribunal for an administrative review under the 19
Administrative Decisions Review Act 1997". 20
2.103 Mount Panorama Motor Racing Act 1989 No 108 21
[1] Section 3 Definitions 22
Omit the definition of Tribunal. Insert instead: 23
Tribunal means the Civil and Administrative Tribunal. 24
[2] Part 2A, heading 25
Omit "Reviews". Insert instead "Administrative reviews". 26
[3] Section 8A Applications for administrative reviews by the Tribunal 27
Omit "may apply to the Tribunal for a review". 28
Insert instead "may apply to the Tribunal for an administrative review under the 29
Administrative Decisions Review Act 1997". 30
2.104 NSW Trustee and Guardian Act 2009 No 49 31
[1] Section 3 Definitions 32
Omit the definition of ADT from section 3 (1). 33
[2] Section 49 Appeals to Supreme Court against management orders 34
Omit "ADT" wherever occurring in section 49 (3). 35
Insert instead "Civil and Administrative Tribunal". 36
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 50 1
Omit the section. Insert instead: 2
50 Appeals to NCAT against estate management orders made by MHRT (cf PE 3
Act, s 21A) 4
(1) An appeal may be made by the following persons to the Civil and 5
Administrative Tribunal against an order by the MHRT that the estate of a 6
person be subject to management under this Act: 7
(a) the person to whom the order relates, or 8
(b) any other person who was a party to the proceedings in which the order 9
was made. 10
Note. An appeal under this section is an external appeal to the Tribunal for the 11
purposes of the Civil and Administrative Tribunal Act 2013. 12
(2) An appeal may be made: 13
(a) as of right, on any question of law, or 14
(b) by leave of the Tribunal, on any other grounds. 15
(3) If the person to whom the order relates has appealed to the Supreme Court 16
under this Division against the order, the person may not appeal to the Civil 17
and Administrative Tribunal under this section against the same order. 18
However, the person may appeal to the Tribunal under this section if the 19
appeal is withdrawn with the approval of the Court for the purpose of enabling 20
the Tribunal to deal with the matter. 21
[4] Section 51 Notice of reasons for orders and appeal rights 22
Omit "ADT" from section 51 (2). Insert instead "Civil and Administrative Tribunal". 23
[5] Section 62 24
Omit the section. Insert instead: 25
62 Administrative review by NCAT of decisions by NSW Trustee under this 26
Division 27
(1) An affected person may apply to the Civil and Administrative Tribunal for an 28
administrative review under the Administrative Decisions Review Act 1997 of 29
a decision of the NSW Trustee that: 30
(a) is made in connection with the exercise of the NSW Trustee's functions 31
under this Division, and 32
(b) is of a class of decision prescribed by the regulations for the purposes of 33
this section. 34
(2) Each of the following is an affected person: 35
(a) a managed person in respect of whose estate the decision was made, 36
(b) the spouse of a managed person in respect of whose estate the decision 37
was made, 38
(c) any other person whose interests are, in the opinion of the Civil and 39
Administrative Tribunal, adversely affected by the decision. 40
(3) Subsection (1) does not apply if the decision of the NSW Trustee was made in 41
accordance with a direction given by the Supreme Court to the NSW Trustee. 42
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[6] Section 70 1
Omit the section. Insert instead: 2
70 Administrative review by NCAT of decisions by NSW Trustee in relation to 3
managers 4
(1) Each of the following persons may apply to the Civil and Administrative 5
Tribunal for an administrative review under the Administrative Decisions 6
Review Act 1997 of a decision by the NSW Trustee under this Part in relation 7
to the functions of a person appointed as a manager: 8
(a) the person appointed as manager, 9
(b) any other person who, in the opinion of the Civil and Administrative 10
Tribunal, has a genuine interest in the matter to which the NSW 11
Trustee's decision relates. 12
(2) Subsection (1) does not apply if the decision by the NSW Trustee was made 13
in accordance with a direction given by the Supreme Court to the NSW 14
Trustee. 15
[7] Section 71 Managed person cannot deal with estate 16
Omit section 71 (6) and (7). Insert instead: 17
(6) Each of the following persons may apply to the Civil and Administrative 18
Tribunal for an administrative review under the Administrative Decisions 19
Review Act 1997 for a review of a decision of the NSW Trustee about whether 20
or not to approve of the giving or withdrawal of an authorisation: 21
(a) the manager, 22
(b) the managed person, 23
(c) the spouse of the managed person, 24
(d) any other person who, in the opinion of the Civil and Administrative 25
Tribunal, has a genuine interest in the matter to which the NSW 26
Trustee's decision relates. 27
2.105 Native Title (New South Wales) Act 1994 No 45 28
[1] Section 32 Object of this Part 29
Omit "Administrative Decisions Tribunal" from section 32 (2). 30
Insert instead "Civil and Administrative Tribunal". 31
[2] Section 33 Definitions 32
Omit the definition of Tribunal. Insert instead: 33
Tribunal means the Civil and Administrative Tribunal. 34
[3] Sections 34, 36 and 37 35
Omit "ADT" wherever occurring in the section headings. Insert instead "NCAT". 36
[4] Section 35 Parties to proceedings before NCAT 37
Omit section 35 (1) (c) (including the note to the paragraph). 38
Insert instead: 39
(c) any other person who is joined as a party to the proceedings under the 40
Civil and Administrative Tribunal Act 2013. 41
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 38 1
Omit the section. Insert instead: 2
38 Other provisions relating to NCAT's jurisdiction 3
(1) A determination of the Tribunal under this Part may take the form of a 4
recommendation. 5
Note. A determination is a general decision of the Tribunal for the purposes of the Civil 6
and Administrative Tribunal Act 2013. 7
(2) The Tribunal is required to provide a copy of its determination under this Part 8
to each party to the proceedings and to the Minister. 9
2.106 Non-Indigenous Animals Act 1987 No 166 10
[1] Section 20 Applications for administrative review by Civil and Administrative 11
Tribunal 12
Omit "may apply to the Administrative Decisions Tribunal for a review" from 13
section 20 (1). 14
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 15
review under the Administrative Decisions Review Act 1997". 16
[2] Section 20 (2) 17
Omit "Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997, 18
if an application for a review". 19
Insert instead "Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review 20
Act 1997, if an application for an administrative review". 21
2.107 Occupational Licensing (Adoption of National Law) Act 2010 No 100 22
Section 6 Relevant tribunal or court 23
Omit "Administrative Decisions Tribunal" from section 6 (a). 24
Insert instead "Civil and Administrative Tribunal". 25
2.108 Ombudsman Act 1974 No 68 26
[1] Section 35C Referral of legal question to Civil and Administrative Tribunal for 27
advisory opinion 28
Omit "Administrative Decisions Tribunal" where firstly occurring in section 35C (1). 29
Insert instead "Civil and Administrative Tribunal". 30
[2] Section 35C (1) 31
Omit "a reviewable decision within the meaning of the Administrative Decisions Tribunal 32
Act 1997". 33
Insert instead "an administratively reviewable decision within the meaning of the 34
Administrative Decisions Review Act 1997". 35
[3] Section 35C (2) 36
Omit "Administrative Decisions Tribunal Act 1997". 37
Insert instead "Civil and Administrative Tribunal Act 2013". 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.109 Passenger Transport Act 1990 No 39 1
[1] Sections 9B (4), 31D (4), 32F (4), 33D (4), 34D (4), 38D (4), 39F (4) and 40D (4) 2
Omit "(Reviews by Administrative Decisions Tribunal)" wherever occurring. 3
Insert instead "(Administrative reviews by Civil and Administrative Tribunal)". 4
[2] Section 47 Effect of notification of decisions of TfNSW or RMS 5
Omit "the application with the Administrative Decisions Tribunal for a review" from 6
section 47 (1). 7
Insert instead "the application with the Civil and Administrative Tribunal for an 8
administrative review". 9
[3] Section 47 (1) (a) and (3) 10
Omit "Administrative Decisions Tribunal Act 1997" wherever occurring. 11
Insert instead "Administrative Decisions Review Act 1997". 12
[4] Section 47 (2) 13
Omit "Administrative Decisions Tribunal". 14
Insert instead "Civil and Administrative Tribunal". 15
[5] Part 5, Division 3, heading 16
Omit the heading. Insert instead: 17
Division 3 Administrative reviews by Civil and Administrative 18
Tribunal 19
[6] Section 52 Applications to Civil and Administrative Tribunal 20
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 21
occurring in section 52 (1) and (3). 22
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 23
review under the Administrative Decisions Review Act 1997". 24
[7] Section 52 (2) 25
Omit "Administrative Decisions Tribunal" wherever occurring. 26
Insert instead "Civil and Administrative Tribunal". 27
2.110 Pawnbrokers and Second-hand Dealers Act 1996 No 13 28
[1] Section 39 Administrative reviews of decisions of Director-General 29
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 30
occurring in section 39 (1) and (2). 31
Insert instead "may apply to the Tribunal for an administrative review under the 32
Administrative Decisions Review Act 1997". 33
[2] Section 39 (1A) and (2) 34
Omit "Administrative Decisions Tribunal" and "a review" wherever occurring. 35
Insert instead "Tribunal" and "an administrative review", respectively. 36
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 39 (1B) 1
Omit "In determining an application for review of any decision of the Director-General to 2
refuse to grant a licence to a person because the person is disqualified under section 8A (2A) 3
or revoking a licence because the person has become disqualified under section 36 (1A), the 4
Administrative Decisions Tribunal (and any Appeal Panel in determining any appeal 5
against such a review under the Administrative Decisions Tribunal Act 1997):". 6
Insert instead "In determining an application for an administrative review of any decision 7
of the Director-General to refuse to grant a licence to a person because the person is 8
disqualified under section 8A (2A) or revoking a licence because the person has become 9
disqualified under section 36 (1A), the Tribunal (and any Appeal Panel of the Tribunal in 10
determining any internal appeal against such a review under the Civil and Administrative 11
Tribunal Act 2013):". 12
[4] Section 39 (1B) (b) 13
Omit "applicant for review". Insert instead "applicant for the administrative review". 14
2.111 Payroll Tax Rebate Scheme (Disability Employment) Act 2011 No 54 15
[1] Section 30 Notice of determination of objection 16
Omit "Administrative Decisions Tribunal Act 1997" from section 30 (3). 17
Insert instead "Administrative Decisions Review Act 1997". 18
[2] Section 31 Administrative reviews by Civil and Administrative Tribunal 19
Omit "may apply to the Administrative Decisions Tribunal for a review" from 20
section 31 (1). 21
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 22
review under the Administrative Decisions Review Act 1997". 23
[3] Section 31 (2)-(5) 24
Omit "review" wherever occurring. Insert instead "an administrative review". 25
[4] Section 31 (5) and (7) (a) 26
Omit "Administrative Decisions Tribunal" wherever occurring. 27
Insert instead "Civil and Administrative Tribunal". 28
[5] Section 31 (6) 29
Omit the subsection. Insert instead: 30
(6) The following provisions of the Administrative Decisions Review Act 1997 do 31
not apply to an application made under this section: 32
(a) Part 2 of Chapter 3, 33
(b) section 55 (3)-(6), 34
(c) Division 2 of Part 3 of Chapter 3. 35
[6] Section 31 (7) 36
Omit "Administrative Decisions Tribunal Act 1997". 37
Insert instead "Administrative Decisions Review Act 1997". 38
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[7] Section 32 Powers of Civil and Administrative Tribunal on administrative review 1
Omit "On a review, the Administrative Decisions Tribunal" from section 32 (1). 2
Insert instead "On an administrative review, the Civil and Administrative Tribunal". 3
[8] Section 32 (2) 4
Omit the subsection. Insert instead: 5
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 6
of the Administrative Decisions Review Act 1997". 7
2.112 Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 No 19 8
[1] Section 40 Notice of determination of objection 9
Omit "Administrative Decisions Tribunal Act 1997" from section 30 (3). 10
Insert instead "Administrative Decisions Review Act 1997". 11
[2] Section 41 Administrative reviews by Civil and Administrative Tribunal 12
Omit "may apply to the Administrative Decisions Tribunal for a review" from 13
section 41 (1). 14
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 15
review under the Administrative Decisions Review Act 1997". 16
[3] Section 41 (2), (3), (4) and (5) 17
Omit "review" wherever occurring. Insert instead "an administrative review". 18
[4] Section 41 (5) and (7) (a) 19
Omit "Administrative Decisions Tribunal" wherever occurring. 20
Insert instead "Civil and Administrative Tribunal". 21
[5] Section 41 (6) 22
Omit the subsection. Insert instead: 23
(6) The following provisions of the Administrative Decisions Review Act 1997 do 24
not apply to an application made under this section: 25
(a) Part 2 of Chapter 3, 26
(b) section 55 (3)-(6), 27
(c) Division 2 of Part 3 of Chapter 3. 28
[6] Section 41 (7) 29
Omit "Administrative Decisions Tribunal Act 1997". 30
Insert instead "Administrative Decisions Review Act 1997". 31
[7] Section 42 Powers of Civil and Administrative Tribunal on administrative review 32
Omit "On a review, the Administrative Decisions Tribunal" from section 32 (1). 33
Insert instead "On an administrative review, the Civil and Administrative Tribunal". 34
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[8] Section 42 (2) 1
Omit the subsection. Insert instead: 2
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 3
of the Administrative Decisions Review Act 1997". 4
2.113 Personal Property Securities (Commonwealth Powers) Act 2009 5
No 35 6
Schedule 1 Savings, transitional and other provisions consequent on enactment of 7
Personal Property Securities Act 2009 of the Commonwealth 8
Insert after clause 3: 9
3A Effect of abolition of Administrative Decisions Tribunal 10
(1) The functions of the Administrative Decisions Tribunal under this Division 11
become, on and from the establishment day, the functions of the Civil and 12
Administrative Tribunal. 13
(2) Accordingly, a reference in another provision of this Division that confers or 14
imposes a function on the Administrative Decisions Tribunal is to be read, on 15
and after the establishment day, as being a reference to the Civil and 16
Administrative Tribunal. 17
(3) The provisions of this clause are in addition to, and do not derogate from, the 18
provisions of Part 2 of Schedule 1 to the Civil and Administrative Tribunal 19
Act 2013. 20
(4) In this clause: 21
establishment day has the same meaning as in the Civil and Administrative 22
Tribunal Act 2013. 23
2.114 Pesticides Act 1999 No 80 24
Section 62 Application to Civil and Administrative Tribunal for administrative review 25
of certain decisions 26
Omit "may apply to the Administrative Decisions Tribunal for a review" from 27
section 62 (1). 28
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 29
review under the Administrative Decisions Review Act 1997". 30
2.115 Photo Card Act 2005 No 20 31
Section 13 Administrative review of decision to refuse or cancel Photo Card 32
Omit "may apply to the Administrative Decisions Tribunal for a review". 33
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 34
review under the Administrative Decisions Review Act 1997". 35
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.116 Plant Diseases Act 1924 No 38 1
[1] Section 21 Power to destroy plants in an abandoned orchard or nursery 2
Omit "may apply to the Administrative Decisions Tribunal for a review" from 3
section 21 (2). 4
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 5
review under the Administrative Decisions Review Act 1997". 6
[2] Section 21 (3) 7
Omit the subsection. 8
[3] Section 21 (4) 9
Omit "the period prescribed by or under the Administrative Decisions Tribunal Act 1997" 10
and "for a review". 11
Insert instead "the period prescribed by the procedural rules under the Civil and 12
Administrative Tribunal Act 2013" and "for an administrative review", respectively. 13
[4] Section 28 Regulations 14
Omit section 28 (1) (g). Insert instead: 15
(g) the conferring on a person liable to pay fees under this Act of a right to 16
apply to the Civil and Administrative Tribunal for an administrative 17
review under the Administrative Decisions Review Act 1997 of a 18
decision in respect of the withdrawal of credit facilities from, or the 19
refusal to extend such facilities to, that person in relation to the payment 20
of those fees. 21
[5] Section 28 (1B) 22
Insert after section 28 (1A): 23
(1B) The Minister is not to recommend the making of a regulation containing 24
provisions for the purposes of subsection (1) (g) unless the Minister certifies 25
that the Minister administering the Civil and Administrative Tribunal Act 2013 26
has agreed to the provisions. 27
2.117 Police Act 1990 No 47 28
Section 211C Administrative reviews of certain decisions under Act by Civil and 29
Administrative Tribunal 30
Omit "may apply to the Administrative Decisions Tribunal for a review". 31
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 32
review under the Administrative Decisions Review Act 1997". 33
2.118 Privacy and Personal Information Protection Act 1998 No 133 34
[1] Section 3 Definitions 35
Omit the definition of Tribunal from section 3 (1). Insert instead: 36
Tribunal means the Civil and Administrative Tribunal. 37
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 52 Application of Part 1
Omit "Administrative Decisions Tribunal Act 1997" from section 52 (4). 2
Insert instead "Administrative Decisions Review Act 1997". 3
[3] Section 53 Internal review by public sector agencies 4
Omit "reviewed" from the note to section 53 (1A). 5
Insert instead "administratively reviewed". 6
[4] Section 53 (6) 7
Omit "a review". Insert instead "an administrative review". 8
[5] Section 53 (8) (c) 9
Omit "reviewed". Insert instead "administratively reviewed". 10
[6] Section 55 Administrative review of conduct by Tribunal 11
Omit "may apply to the Tribunal for a review" wherever occurring in section 55 (1) 12
and (1A). 13
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 14
review under the Administrative Decisions Review Act 1997". 15
[7] Section 55 (3) 16
Omit "Division 3 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 17
Insert instead "Division 3 of Part 3 of Chapter 3 of the Administrative Decisions Review 18
Act 1997". 19
[8] Section 55 (5) and (6) 20
Omit "a review under this section" wherever occurring. 21
Insert instead "an administrative review". 22
[9] Section 56 Appeals to Appeal Panel against decisions and orders of Tribunal 23
Omit the section. 24
[10] Schedule 4 Savings, transitional and other provisions 25
Omit "Tribunal" where secondly occurring in clause 6 (4). 26
Insert instead "Administrative Decisions Tribunal". 27
2.119 Private Health Facilities Act 2007 No 9 28
[1] Section 31 Cancellation of licence with notice 29
Omit "any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 30
of Chapter 5 of the Administrative Decisions Tribunal Act 1997" from section 31 (4). 31
Insert instead "any order made by the Civil and Administrative Tribunal under Division 2 32
of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997". 33
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 32 Right to apply to Civil and Administrative Tribunal for administrative 1
review 2
Omit "may apply to the Administrative Decisions Tribunal for a review" from 3
section 32 (1). 4
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 5
review under the Administrative Decisions Review Act 1997". 6
[3] Section 52 Improvement notices 7
Omit "may apply to the Administrative Decisions Tribunal for a review" from 8
section 52 (5). 9
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 10
review under the Administrative Decisions Review Act 1997". 11
[4] Section 52 (6) 12
Omit "application for review" and "Administrative Decisions Tribunal". 13
Insert instead "application for an administrative review" and "Civil and Administrative 14
Tribunal", respectively. 15
2.120 Property, Stock and Business Agents Act 2002 No 66 16
[1] Section 27 Administrative review by NCAT 17
Omit "may apply to the Administrative Decisions Tribunal for a review". 18
Insert instead "may apply to the Tribunal for an administrative review under the 19
Administrative Decisions Review Act 1997". 20
[2] Section 200 Administrative review of disciplinary action by NCAT 21
Omit "may apply to the Administrative Decisions Tribunal under the Administrative 22
Decisions Tribunal Act 1997 for a review". 23
Insert instead "may apply to the Tribunal for an administrative review under the 24
Administrative Decisions Review Act 1997". 25
2.121 Public Health Act 2010 No 127 26
[1] Section 7 Power to deal with public health risks generally 27
Omit "may be made to the Administrative Decisions Tribunal for a review" from 28
section 7 (7). 29
Insert instead "may be made to the Civil and Administrative Tribunal for an administrative 30
review under the Administrative Decisions Review Act 1997". 31
[2] Section 48 Administrative review of decision to refuse certificate of clearance 32
Omit "may apply to the Administrative Decisions Tribunal for a review". 33
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 34
review under the Administrative Decisions Review Act 1997". 35
[3] Section 49 Compensation 36
Omit "may apply to the Administrative Decisions Tribunal for a review" from 37
section 49 (6). 38
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 39
review under the Administrative Decisions Review Act 1997". 40
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[4] Section 64 NCAT may confirm public health orders relating to Category 5 conditions 1
Omit "Administrative Decisions Tribunal" where firstly occurring in section 64 (1). 2
Insert instead "Civil and Administrative Tribunal". 3
[5] Section 64 (1), note 4
Omit "Administrative Decisions Tribunal Act 1997". 5
Insert instead "Civil and Administrative Tribunal Act 2013". 6
[6] Section 64 (2), (3), (5) and (6) 7
Omit "Administrative Decisions Tribunal" wherever occurring. 8
Insert instead "Civil and Administrative Tribunal". 9
[7] Section 64 (7) 10
Omit the subsection. 11
[8] Section 65 NCAT may continue public health order 12
Omit "Administrative Decisions Tribunal" wherever occurring. 13
Insert instead "Civil and Administrative Tribunal". 14
[9] Section 66 NCAT may administratively review public health orders relating to 15
Category 4 conditions 16
Omit "may be made to the Administrative Decisions Tribunal for a review". 17
Insert instead "may be made to the Civil and Administrative Tribunal for an administrative 18
review under the Administrative Decisions Review Act 1997". 19
[10] Section 66, note 20
Omit "Administrative Decisions Tribunal Act 1997". 21
Insert instead "Administrative Decisions Review Act 1997". 22
[11] Section 67 Revocation of public health order by authorised medical practitioner 23
Omit "Administrative Decisions Tribunal". 24
Insert instead "Civil and Administrative Tribunal". 25
[12] Section 69 Inspection of medical records 26
Omit "Administrative Decisions Tribunal" from section 69 (1). 27
Insert instead "Civil and Administrative Tribunal". 28
[13] Section 71 Arrest of persons who contravene public health orders 29
Omit "Administrative Decisions Tribunal" from section 71 (4). 30
Insert instead "Civil and Administrative Tribunal". 31
[14] Section 73 Action following arrest or surrender 32
Omit "Administrative Decisions" wherever occurring in section 73 (1)-(3). 33
Insert instead "Civil and Administrative". 34
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[15] Section 76 Restrictions on publication of proceedings 1
Omit the section. 2
2.122 Public Lotteries Act 1996 No 86 3
Section 79A Administrative review by Civil and Administrative Tribunal of certain 4
decisions 5
Omit "may apply to the Administrative Decisions Tribunal for a review". 6
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 7
review under the Administrative Decisions Review Act 1997". 8
2.123 Public Notaries Act 1997 No 98 9
Section 7 Roll of public notaries 10
Omit "Administrative Decisions Tribunal" from section 7 (5) (b). 11
Insert instead "Civil and Administrative Tribunal". 12
2.124 Racing Administration Act 1998 No 114 13
[1] Section 33D Appeals to Minister 14
Omit the note to section 33D (7). Insert instead: 15
Note. As the decision of the Minister in an appeal under this section is a decision that 16
is administratively reviewable by the Civil and Administrative Tribunal in an application 17
made under section 33E, section 48 of the Administrative Decisions Review Act 1997 18
requires the Minister to give the appellant and respondent in the appeal written notice 19
of the decision on the appeal. Division 2 of Part 2 of Chapter 3 of that Act enables the 20
appellant and respondent to request written reasons for the Minister's decision. 21
[2] Section 33E Administrative review by Civil and Administrative Tribunal of Minister's 22
decision on appeal 23
Omit "may apply to the Administrative Decisions Tribunal for a review" from 24
section 33E (1). 25
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 26
review under the Administrative Decisions Review Act 1997". 27
[3] Section 33E (2) 28
Omit "Administrative Decisions Tribunal Act 1997". 29
Insert instead "Administrative Decisions Review Act 1997". 30
2.125 Rail Safety (Adoption of National Law) Act 2012 No 82 31
Schedule 1 New South Wales changes and additions to Rail Safety National Law 32
Omit "Administrative Decisions Tribunal" from section 4 (3A) (b) in Schedule 1 [4]. 33
Insert instead `Civil and Administrative Tribunal". 34
2.126 Regional Relocation (Home Buyers Grant) Act 2011 No 26 35
[1] Section 44 Notice of determination of objection 36
Omit "Administrative Decisions Tribunal Act 1997" from section 44 (3). 37
Insert instead "Administrative Decisions Review Act 1997". 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 45 Administrative reviews by Civil and Administrative Tribunal 1
Omit "may apply to the Administrative Decisions Tribunal for a review" from 2
section 45 (1). 3
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 4
review under the Administrative Decisions Review Act 1997". 5
[3] Section 45 (2)-(5) 6
Omit "review" wherever occurring. Insert instead "an administrative review". 7
[4] Section 45 (5) and (7) (a) 8
Omit "Administrative Decisions Tribunal" wherever occurring. 9
Insert instead "Civil and Administrative Tribunal". 10
[5] Section 45 (6) 11
Omit the subsection. Insert instead: 12
(6) The following provisions of the Administrative Decisions Review Act 1997 do 13
not apply to an application made under this section: 14
(a) Part 2 of Chapter 3, 15
(b) section 55 (3)-(6), 16
(c) Division 2 of Part 3 of Chapter 3. 17
[6] Section 45 (7) 18
Omit "Administrative Decisions Tribunal Act 1997". 19
Insert instead "Administrative Decisions Review Act 1997". 20
[7] Section 46 Powers of Civil and Administrative Tribunal on administrative review 21
Omit "On a review, the Administrative Decisions Tribunal" from section 46 (1). 22
Insert instead "On an administrative review, the Civil and Administrative Tribunal". 23
[8] Section 46 (2) 24
Omit the subsection. Insert instead: 25
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 26
of the Administrative Decisions Review Act 1997". 27
2.127 Registered Clubs Act 1976 No 31 28
Section 57L 29
Omit the section. Insert instead: 30
57L Administrative review by NCAT of decision by Authority under this Part 31
(1) Each of the following persons may apply to the Civil and Administrative 32
Tribunal for an administrative review under the Administrative Decisions 33
Review Act 1997 of a decision by the Authority in relation to a complaint under 34
this Part: 35
(a) the registered club or person against whom any disciplinary action is 36
taken by the Authority in relation to the complaint, 37
(b) the complainant. 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
(2) Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not 1
apply to an application to the Civil and Administrative Tribunal for an 2
administrative review of a decision by the Authority under this Part. 3
2.128 Relationships Register Act 2010 No 19 4
Section 18 5
Omit the section. Insert instead: 6
18 Applications to Civil and Administrative Tribunal for administrative review 7
A person may apply to the Civil and Administrative Tribunal for an 8
administrative review under the Administrative Decisions Review Act 1997 of 9
a decision of the Registrar made in the exercise or purported exercise of 10
functions under this Act. 11
2.129 Residential (Land Lease) Communities Act 2013 12
Section 175 Review of disciplinary action by NCAT 13
Omit "may apply to the Administrative Decisions Tribunal under the Administrative 14
Decisions Tribunal Act 1997 for a review". 15
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 16
review under the Administrative Decisions Review Act 1997". 17
2.130 Residential Tenancies Act 2010 No 42 18
Section 207 Administrative review by Tribunal 19
Omit "may apply to the Administrative Decisions Tribunal for a review". 20
Insert instead "may apply to the Tribunal for an administrative review under the 21
Administrative Decisions Review Act 1997". 22
2.131 Retail Leases Act 1994 No 46 23
[1] Section 3 Definitions 24
Omit the definition of Tribunal. Insert instead: 25
Tribunal means the Civil and Administrative Tribunal. 26
[2] Section 32A Review of current market rent determinations 27
Omit section 32A (9) (c). 28
[3] Part 8, Division 3, heading 29
Omit "Administrative Decisions Tribunal". 30
Insert instead "Civil and Administrative Tribunal". 31
[4] Section 71 Lodging of retail tenancy claims with Tribunal 32
Omit the note at the end of the section. 33
[5] Section 74 Tribunal must attempt to conciliate 34
Omit the section. 35
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[6] Section 75 Removal of court proceedings to the Tribunal 1
Insert after section 75 (6): 2
(7) This section applies despite anything in Schedule 4 to the Civil and 3
Administrative Tribunal Act 2013 concerning the removal of court 4
proceedings to the Tribunal. 5
[7] Section 76 Jurisdictional overlap 6
Insert after section 76 (4): 7
(5) This section applies despite anything in Schedule 4 to the Civil and 8
Administrative Tribunal Act 2013 concerning jurisdictional overlap between 9
courts and the Tribunal. 10
[8] Section 76A Removal of proceedings to Supreme Court 11
Insert after section 76A (4): 12
(5) This section applies despite anything in Schedule 4 to the Civil and 13
Administrative Tribunal Act 2013 concerning the transfer of proceedings 14
between courts and the Tribunal. 15
[9] Section 77 Appeals 16
Omit the section. 17
[10] Section 77A Tribunal may award order costs 18
Omit the section. 19
[11] Section 77B Assessors 20
Omit the section. 21
[12] Section 77C Right of appearance 22
Omit the section. 23
2.132 Retail Trading Act 2008 No 49 24
[1] Section 12 Administrative reviews by Civil and Administrative Tribunal 25
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 26
occurring in section 12 (1), (2) and (4). 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
[2] Section 12 (3) 30
Omit "Administrative Decisions Tribunal is not required to review". 31
Insert instead "Civil and Administrative Tribunal is not required to conduct an 32
administrative review of". 33
[3] Section 14L Administrative reviews of decisions by Civil and Administrative Tribunal 34
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 35
occurring in section 14L (1) and (2). 36
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 37
review under the Administrative Decisions Review Act 1997". 38
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.133 Rice Marketing Act 1983 No 176 1
Section 51 Appointment of authorised buyers 2
Omit "may apply to the Administrative Decisions Tribunal for a review" wherever 3
occurring in section 51 (6) and (7). 4
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 5
review under the Administrative Decisions Review Act 1997". 6
2.134 Security Industry Act 1997 No 157 7
[1] Section 29 Right to seek administrative review from Civil and Administrative Tribunal 8
Omit "may apply to the Administrative Decisions Tribunal for a review" from 9
section 29 (1). 10
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 11
review under the Administrative Decisions Review Act 1997". 12
[2] Section 29 (2), note 13
Omit the note. Insert instead: 14
Note. Under the Civil and Administrative Tribunal Act 2013, if the Civil and 15
Administrative Tribunal has reviewed an administratively reviewable decision (such as 16
a decision referred to in the above section), a party to the proceedings may appeal to 17
an Appeal Panel of the Tribunal. An appeal on a question of law may then lie to the 18
Supreme Court. 19
[3] Section 29 (3) 20
Omit "In determining an application for a review of any decision to refuse to grant a licence, 21
to renew a licence or to revoke a licence that was made on the ground of the applicant not 22
being a fit and proper person, the Administrative Decisions Tribunal:". 23
Insert instead "In determining an application for an administrative review of any decision 24
to refuse to grant a licence, to renew a licence or to revoke a licence that was made on the 25
ground of the applicant not being a fit and proper person, the Civil and Administrative 26
Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against 27
such a review under the Civil and Administrative Tribunal Act 2013):". 28
[4] Section 29 (3) (b) 29
Omit "applicant for review". Insert instead "applicant for the administrative review". 30
[5] Section 29 (3), note 31
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 32
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 33
2.135 State Water Corporation Act 2004 No 40 34
[1] Section 18 Administrative review of certain decisions of Tribunal concerning 35
operating licence 36
Omit "may apply to the Administrative Decisions Tribunal for a review" from 37
section 18 (1). 38
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 39
review under the Administrative Decisions Review Act 1997". 40
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 18 (2) 1
Omit "Administrative Decisions Tribunal Act 1997". 2
Insert instead "Administrative Decisions Review Act 1997". 3
2.136 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 4
[1] Schedule 1 Public offices 5
Omit "President of the Administrative Decisions Tribunal". 6
[2] Schedule 2 Public offices 7
Omit the matter relating to a Full-time member or Full-time assessor of the Administrative 8
Decisions Tribunal from Part 1. 9
2.137 Supreme Court Act 1970 No 52 10
[1] Section 48 Assignment to the Court of Appeal 11
Omit section 48 (1) (a) (v). 12
[2] Section 48 (1) (a) (vii) and (viii) 13
Omit the subparagraphs. Insert instead: 14
(vii) a tribunal or other body (not including the State Parole Authority) 15
that was constituted by one or more judges or members when 16
exercising the functions, or purporting to exercise the functions, 17
to which the proceedings in the Court relate, or 18
(viii) the Civil and Administrative Tribunal when exercising functions, 19
or purporting to exercise functions, for the purposes of the Legal 20
Profession Act 2004 (including as applied by the Public Notaries 21
Act 1997). 22
[3] Section 48 (1) (b) 23
Omit the paragraph. Insert instead: 24
(b) In paragraph (a) (vi) and (vii), judge or member means: 25
(i) a Judge or associate Judge, or 26
(ii) a judge or member of any body referred to in 27
paragraph (a) (i)-(iv). 28
[4] Section 48 (2) (ha) 29
Omit "Administrative Decisions Tribunal Act 1997". 30
Insert instead "Civil and Administrative Tribunal Act 2013". 31
2.138 Surveying and Spatial Information Act 2002 No 83 32
[1] Section 14 Applications to Civil and Administrative Tribunal for administrative 33
reviews of determinations 34
Omit "may apply to the Administrative Decisions Tribunal for a review". 35
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 36
review under the Administrative Decisions Review Act 1997". 37
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 14, note 1
Insert at the end of the section: 2
Note. A decision of the Civil and Administrative Tribunal determining an application 3
under this section may be appealed to the Supreme Court directly. See Schedule 5 4
(Occupational Division) to the Civil and Administrative Tribunal Act 2013. 5
[3] Part 6A Appeals against decisions of Tribunal 6
Omit the Part. 7
2.139 Sydney Water Act 1994 No 88 8
[1] Section 19B Administrative reviews of certain decisions of Tribunal concerning 9
operating licences 10
Omit "may apply to the Administrative Decisions Tribunal for a review" from 11
section 19B (1). 12
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 13
review under the Administrative Decisions Review Act 1997". 14
[2] Section 19B (2) 15
Omit "Administrative Decisions Tribunal Act 1997". 16
Insert instead "Administrative Decisions Review Act 1997". 17
2.140 Sydney Water Catchment Management Act 1998 No 171 18
[1] Section 29B Administrative reviews of certain decisions of Tribunal concerning 19
operating licences 20
Omit "may apply to the Administrative Decisions Tribunal for a review" from 21
section 29B (1). 22
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 23
review under the Administrative Decisions Review Act 1997". 24
[2] Section 29B (2) 25
Omit "Administrative Decisions Tribunal Act 1997". 26
Insert instead "Administrative Decisions Review Act 1997". 27
2.141 Tattoo Parlours Act 2012 No 32 28
[1] Section 27 Right to seek administrative review from Civil and Administrative Tribunal 29
Omit "may apply to the Administrative Decisions Tribunal for a review" from 30
section 27 (1). 31
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 32
review under the Administrative Decisions Review Act 1997". 33
[2] Section 27 (2), note 34
Omit the note. Insert instead: 35
Note. Under the Civil and Administrative Tribunal Act 2013, if the Tribunal has made 36
an administrative review decision (such as when it reviews a decision referred to in 37
subsection (1)), a party to the proceedings may appeal to an Appeal Panel of the 38
Tribunal. An appeal on a question of law may then lie to the Supreme Court. 39
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[3] Section 27 (3) and (4) (b) 1
Omit "applicant for review" and "for a review" wherever occurring. 2
Insert instead "applicant for the administrative review" and "for an administrative review", 3
respectively. 4
[4] Section 27 (3) (a) 5
Omit "Administrative Decisions Tribunal". 6
Insert instead "Civil and Administrative Tribunal". 7
[5] Section 27 (4) 8
Omit "In determining an application for a review of any decision to refuse to grant a licence 9
or to suspend or cancel a licence that was made on the ground of an adverse security 10
determination made by the Commissioner about the applicant for review, the 11
Administrative Decisions Tribunal:". 12
Insert instead "In determining an application for an administrative review of any decision 13
to refuse to grant a licence or to suspend or cancel a licence that was made on the ground 14
of an adverse security determination made by the Commissioner about the applicant for the 15
administrative review, the Civil and Administrative Tribunal (and any Appeal Panel of the 16
Tribunal in determining any internal appeal against such a review under the Civil and 17
Administrative Tribunal Act 2013):". 18
[6] Section 27 (4), note 19
Omit "Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 20
Insert instead "Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997". 21
[7] Section 27 (5) 22
Omit "Administrative Decisions Tribunal Act 1997". 23
Insert instead "Administrative Decisions Review Act 1997". 24
2.142 Taxation Administration Act 1996 No 97 25
[1] Section 3 Definitions 26
Omit "Administrative Decisions Tribunal" from paragraph (b) of the definition of 27
assessment in section 3 (1). 28
Insert instead "Civil and Administrative Tribunal". 29
[2] Section 3 (1), definition of "review" 30
Omit the definition. Insert instead: 31
review means a review by the Supreme Court, or an administrative review by 32
the Civil and Administrative Tribunal, on an application made under Division 33
2 of Part 10. 34
[3] Section 86 Objections 35
Omit "section 6 of the Administrative Decisions Tribunal Act 1997" from section 86 (1) (b). 36
Insert instead "the Administrative Decisions Review Act 1997". 37
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[4] Section 93 Notice of determination 1
Omit "Administrative Decisions Tribunal" where firstly occurring in section 93 (2A). 2
Insert instead "Civil and Administrative Tribunal". 3
[5] Section 93 (2A) 4
Omit "Administrative Decisions Tribunal Act 1997". 5
Insert instead "Administrative Decisions Review Act 1997". 6
[6] Section 96 7
Omit the section. Insert instead: 8
96 Review by Civil and Administrative Tribunal 9
(1) A taxpayer may apply to the Civil and Administrative Tribunal for an 10
administrative review under the Administrative Decisions Review Act 1997 of 11
a decision of the Chief Commissioner that has been the subject of an objection 12
under Division 1 if: 13
(a) the taxpayer is dissatisfied with the Chief Commissioner's 14
determination of the taxpayer's objection, or 15
(b) 90 days (not including any period of suspension under section 92) have 16
passed since the taxpayer's objection was served on the Chief 17
Commissioner and the Chief Commissioner has not determined the 18
objection. 19
(2) However, a taxpayer cannot apply to the Civil and Administrative Tribunal 20
under this section for an administrative review in respect of a decision of a 21
kind prescribed by the regulations as an exempt decision for the purposes of 22
this section. 23
(3) A taxpayer who has applied to the Supreme Court under section 97 for a 24
review of a decision cannot apply to the Civil and Administrative Tribunal 25
under this section in respect of the same decision. However, the taxpayer may 26
do so if the earlier application is withdrawn with the approval of the Supreme 27
Court for the purpose of enabling the Civil and Administrative Tribunal to deal 28
with the matter. 29
(4) The following provisions of the Administrative Decisions Review Act 1997 do 30
not apply to an application made under this section (or any assessment or other 31
decision to which it relates): 32
(a) Part 2 of Chapter 3, 33
(b) section 55 (3)-(6). 34
(5) For the purposes of section 58 (1) (a) of the Administrative Decisions Review 35
Act 1997: 36
(a) the obligation of the Chief Commissioner under that paragraph to lodge 37
a statement of reasons with the Tribunal in respect of an application is 38
limited to providing the Tribunal with a statement of reasons only in 39
respect of the matters arising from the grounds specified in the 40
application, and 41
(b) if one of the grounds specified in the application relates to a matter 42
raised in an objection determined by the Chief Commissioner--the 43
Chief Commissioner may rely on reasons previously given to the 44
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
taxpayer by the Chief Commissioner under section 93 for the 1
determination of the objection in explanation of that part of the 2
assessment or decision to which the objection related. 3
Note. Section 58 of the Administrative Decisions Review Act 1997 requires an 4
administrator whose decision is the subject of an application for an administrative 5
review to the Tribunal to lodge with the Tribunal certain relevant documents relating to 6
the decision, including statements of reasons. 7
(6) The Minister is not to recommend the making of a regulation containing 8
provisions for the purposes of subsection (2) unless the Minister certifies that 9
the Minister administering the Civil and Administrative Tribunal Act 2013 has 10
agreed to the provisions. 11
[7] Section 97 Review by Supreme Court 12
Omit section 97 (2). Insert instead: 13
(2) A taxpayer who has applied to the Civil and Administrative Tribunal under 14
section 96 for an administrative review in respect of a decision cannot apply 15
to the Supreme Court under this section in respect of the same decision. 16
However, the taxpayer may do so if the earlier application is withdrawn with 17
the approval of the Civil and Administrative Tribunal for the purposes of 18
enabling the Supreme Court to deal with the matter. 19
[8] Section 100 Provisions relating to applications for review 20
Omit section 110 (4). Insert instead: 21
(4) If the applicant or respondent appeals against a decision of the Civil and 22
Administrative Tribunal in an application for review to an Appeal Panel of the 23
Tribunal, the applicant in the application for review continues to bear the onus 24
of proving the applicant's case in the appeal if the Appeal Panel grants leave 25
for the appeal to extend to a review of the merits of the decision. 26
[9] Section 101 Powers of court or tribunal on review 27
Omit section 101 (2). Insert instead: 28
(2) Nothing in this section limits the application of the following provisions in 29
respect of an application for review before the Civil and Administrative 30
Tribunal: 31
(a) Division 3 of Part 3 of Chapter 3 of the Administrative Decisions 32
Review Act 1997, 33
(b) section 60 (Costs) of the Civil and Administrative Tribunal Act 2013. 34
2.143 Teaching Service Act 1980 No 23 35
[1] Section 93V Administrative review of failure to obtain authorisation or of 36
unauthorised status 37
Omit "Administrative Decisions Tribunal" from section 93V (1). 38
Insert instead "Civil and Administrative Tribunal". 39
[2] Section 93V (2) 40
Omit the subsection. 41
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.144 Thoroughbred Racing Act 1996 No 37 1
[1] Section 29K Definition 2
Omit "Administrative Decisions Tribunal" from the definition of appeal body. 3
Insert instead "Civil and Administrative Tribunal". 4
[2] Section 29M Appeal or review by Racing Appeals Tribunal or NCAT 5
Omit "may apply to the Administrative Decisions Tribunal for a review" from 6
section 29M (3). 7
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 8
review under the Administrative Decisions Review Act 1997". 9
[3] Section 29N Procedure on appeal or review 10
Omit "Administrative Decisions Tribunal Act 1997" from section 29N (1). 11
Insert instead "Administrative Decisions Review Act 1997, the Civil and Administrative 12
Tribunal Act 2013". 13
2.145 Tow Truck Industry Act 1998 No 111 14
[1] Part 3, Division 5, heading 15
Omit the heading. Insert instead: 16
Division 5 Administrative review by Civil and Administrative 17
Tribunal 18
[2] Section 45 Application to Civil and Administrative Tribunal for administrative review 19
Omit "may apply to the Administrative Decisions Tribunal for a review" from 20
section 45 (1). 21
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 22
review under the Administrative Decisions Review Act 1997". 23
[3] Section 45 (1A) 24
Omit "In determining an application for a review of a decision to refuse to grant an 25
application for a licence or a drivers certificate on the grounds referred to in 26
section 18 (2) (e) or 26 (2) (f), respectively, or to cancel a licence or drivers certificate 27
under section 41 (2A), the Administrative Decisions Tribunal (and any Appeal Panel in 28
determining any appeal against such a review under the Administrative Decisions Tribunal 29
Act 1997):". 30
Insert instead "In determining an application for an administrative review of a decision to 31
refuse to grant an application for a licence or a drivers certificate on the grounds referred to 32
in section 18 (2) (e) or 26 (2) (f), respectively, or to cancel a licence or drivers certificate 33
under section 41 (2A), the Civil and Administrative Tribunal (and any Appeal Panel of the 34
Tribunal in determining any internal appeal against such a review under the Civil and 35
Administrative Tribunal Act 2013):". 36
[4] Section 45 (1A) (b) 37
Omit "applicant for review". Insert instead "applicant for the administrative review". 38
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.146 Travel Agents Act 1986 No 5 1
[1] Section 3 Definitions 2
Omit the definition of Tribunal from section 3 (1). Insert instead: 3
Tribunal means the Civil and Administrative Tribunal. 4
[2] Part 2, Division 4, heading 5
Omit the heading. Insert instead: 6
Division 4 Administrative reviews by Civil and Administrative 7
Tribunal 8
[3] Section 22 Right of administrative review by Tribunal 9
Omit "for a review" wherever occurring. 10
Insert instead "for an administrative review under the Administrative Decisions Review 11
Act 1997". 12
[4] Section 23 Determination of administrative review of disciplinary action may include 13
fine 14
Omit "Division 3 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997" 15
from section 23 (2). 16
Insert instead "Division 3 of Part 3 of Chapter 3 of the Administrative Decisions Review 17
Act 1997". 18
[5] Section 24 Determination of administrative review concerning compensation 19
scheme 20
Omit "review" from section 24 (1). Insert instead "administrative review". 21
[6] Section 24 (2) 22
Omit "Division 3 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997". 23
Insert instead "Division 3 of Part 3 of Chapter 3 of the Administrative Decisions Review 24
Act 1997". 25
[7] Section 24 (3) 26
Omit "Chapter 7 of the Administrative Decisions Tribunal Act 1997". 27
Insert instead "Part 6 of the Civil and Administrative Tribunal Act 2013". 28
[8] Section 31 Restraint of unjust conduct 29
Omit "Penalty: 50 penalty units" wherever occurring in section 31 (1) and (3). 30
[9] Section 44 Powers of entry and inspection 31
Omit "rules of the Tribunal" from section 44 (2) (b) (ii). 32
Insert instead "procedural rules of the Tribunal (within the meaning of the Civil and 33
Administrative Tribunal Act 2013)". 34
[10] Section 54 Secrecy 35
Omit section 54 (1) (d)-(f). Insert instead: 36
(d) a former Registrar of the Administrative Decisions Tribunal or a 37
registrar of the Civil and Administrative Tribunal, 38
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
(e) a member of staff assisting the Director-General or a registrar referred 1
to in paragraph (d), or 2
[11] Section 54 (2) 3
Omit "this Act, the Fair Trading Act 1987, the Consumer, Trader and Tenancy Tribunal 4
Act 2001". 5
Insert instead "this Act, any related Acts". 6
[12] Section 54 (3) 7
Insert after section 54 (2): 8
(3) In this section: 9
related Act means any of the following: 10
(a) the Fair Trading Act 1987, 11
(b) the former Consumer, Trader and Tenancy Tribunal Act 2001, 12
(c) the Civil and Administrative Tribunal Act 2013. 13
2.147 Valuers Act 2003 No 4 14
[1] Section 15 Cancellation of registration 15
Omit "may apply to the Administrative Decisions Tribunal for a review" from 16
section 15 (2). 17
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 18
review under the Administrative Decisions Review Act 1997". 19
[2] Section 28 Administrative review of disciplinary action by Civil and Administrative 20
Tribunal 21
Omit "may apply to the Administrative Decisions Tribunal under the Administrative 22
Decisions Tribunal Act 1997 for a review". 23
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 24
review under the Administrative Decisions Review Act 1997". 25
2.148 Veterinary Practice Act 2003 No 87 26
[1] Section 4 Definitions 27
Omit the definition of Tribunal from section 4 (1). Insert instead: 28
Tribunal means the Civil and Administrative Tribunal. 29
[2] Section 34 Tribunal may administratively review certain registration decisions 30
Omit "may apply to the Tribunal for a review" from section 34 (1). 31
Insert instead "may apply to the Tribunal for an administrative review under the 32
Administrative Decisions Review Act 1997". 33
[3] Section 34 (1), note 34
Insert at the end of the subsection: 35
Note. A decision of the Tribunal determining an application under this section may be 36
appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the 37
Civil and Administrative Tribunal Act 2013. 38
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[4] Section 34 (2) 1
Omit "a review". Insert instead "an administrative review". 2
[5] Section 34D Conditions or limitations of deemed registration 3
Omit "may apply to the Tribunal for a review" from section 34D (4). 4
Insert instead "may apply to the Tribunal for an administrative review under the 5
Administrative Decisions Review Act 1997". 6
[6] Section 34D (4), note 7
Insert at the end of the subsection: 8
Note. A decision of the Tribunal determining an application under this section may be 9
appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the 10
Civil and Administrative Tribunal Act 2013. 11
[7] Section 48 Person may apply to Tribunal for administrative review of disciplinary 12
finding of Board 13
Omit "may apply to the Tribunal for a review" from section 48 (1). 14
Insert instead "may apply to the Tribunal for an administrative review under the 15
Administrative Decisions Review Act 1997". 16
[8] Section 48 (1), note 17
Insert at the end of the subsection: 18
Note. A decision of the Tribunal determining an application under this section may be 19
appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the 20
Civil and Administrative Tribunal Act 2013. 21
[9] Section 48 (2) (a) 22
Omit "a review" and "for review". 23
Insert instead "an administrative review" and "for an administrative review", respectively. 24
[10] Section 48 (3) 25
Omit the subsection. 26
[11] Section 51 Tribunal's powers when complaint proved 27
Insert at the end of the section 51 (1): 28
Note. A disciplinary finding by the Tribunal may be appealed to the Supreme Court 29
directly. See Schedule 5 (Occupational Division) to the Civil and Administrative 30
Tribunal Act 2013. 31
[12] Section 51 (2) 32
Omit the subsection. 33
[13] Section 54 Recording of proceedings and orders of Tribunal, Board and committees 34
Omit "Supreme Court on appeal under Part 9A" from section 54 (3) (a). 35
Insert instead "Supreme Court on appeal under Schedule 5 to the Civil and Administrative 36
Tribunal Act 2013". 37
[14] Section 56 Statement of reasons of Tribunal need not contain confidential 38
information 39
Omit the section. 40
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[15] Section 63 General 1
Omit Section 63 (1). Insert instead: 2
(1) The provisions of this Division are subject to any order made by the Tribunal 3
under section 64 of the Civil and Administrative Tribunal Act 2013. 4
Note. Section 64 of the Civil and Administrative Tribunal Act 2013 allows the Tribunal 5
to make an order prohibiting or restricting the disclosure of information. 6
[16] Section 75 Administrative reviews by the Tribunal 7
Omit "may apply to the Tribunal for a review". 8
Insert instead "may apply to the Tribunal for an administrative review under the 9
Administrative Decisions Review Act 1997". 10
[17] Section 75, note 11
Insert at the end of the section: 12
Note. A decision of the Tribunal determining an application under this section may be 13
appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the 14
Civil and Administrative Tribunal Act 2013. 15
[18] Part 9A Appeals against decisions of Tribunal 16
Omit the Part. 17
[19] Schedule 4 Savings, transitional and other provisions 18
Insert after clause 1: 19
1A References to Tribunal before establishment of NCAT 20
A reference to the Tribunal in a provision of this Schedule that was inserted 21
before the establishment day (within the meaning of the Civil and 22
Administrative Tribunal Act 2013) is a reference to the former Administrative 23
Decisions Tribunal. 24
2.149 Victims Rights and Support Act 2013 No 37 25
[1] Section 3 Definitions 26
Omit the definition of Tribunal from section 3 (1). Insert instead: 27
Tribunal means the Civil and Administrative Tribunal. 28
[2] Section 49 Internal review of victims support decisions 29
Omit "reviewed" from section 49 (5) (c). Insert instead "administratively reviewed". 30
[3] Section 50 No internal review under Administrative Decisions Review Act 1997 31
Omit "Administrative Decisions Tribunal Act 1997" wherever occurring. 32
Insert instead "Administrative Decisions Review Act 1997". 33
[4] Section 50 (2) 34
Omit "a reviewable decision". Insert instead "an administratively reviewable decision". 35
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[5] Section 51 Application to Tribunal for administrative review of decision concerning 1
recognition payment 2
Omit "may apply to the Tribunal for review" wherever occurring. 3
Insert instead "may apply to the Tribunal for an administrative review under the 4
Administrative Decisions Review Act 1997". 5
[6] Section 52 Operation of other Administrative Decisions Review Act 1997 provisions 6
Omit "Division 2 (Effect of pending applications on reviewable decisions) of Part 3 of 7
Chapter 5 of the Administrative Decisions Tribunal Act 1997" from section 52 (1). 8
Insert instead "Division 2 (Effect of pending applications on administratively reviewable 9
decisions) of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997". 10
[7] Section 52 (2) 11
Omit the subsection. 12
[8] Section 53 Payment of recognition payment suspended pending application to 13
Tribunal 14
Omit "for review". Insert instead "for an administrative review". 15
[9] Section 64 Powers of Commissioner on objection 16
Omit "a review" from section 64 (4). Insert instead "an administrative review". 17
[10] Section 65 Notice of determination of objection 18
Omit "Administrative Decisions Tribunal Act 1997" from section 65 (3). 19
Insert instead "Administrative Decisions Review Act 1997". 20
[11] Section 65 (4) 21
Omit "application for review". Insert instead "application for an administrative review". 22
[12] Section 66 Administrative reviews by Tribunal 23
Omit "may apply to the Tribunal for a review" from section 66 (1). 24
Insert instead "may apply to the Tribunal for an administrative review under the 25
Administrative Decisions Review Act 1997". 26
[13] Section 66 (2)-(5) 27
Omit "application for review" wherever occurring. 28
Insert instead "application for an administrative review". 29
[14] Section 66 (6) 30
Omit the subsection. Insert instead: 31
(6) The following provisions of the Administrative Decisions Review Act 1997 do 32
not apply to an application made under this section: 33
(a) Part 2 of Chapter 3, 34
(b) section 55 (3)-(6), 35
(c) Division 2 of Part 3 of Chapter 3. 36
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[15] Section 66 (7) 1
Omit "Administrative Decisions Tribunal Act 1997". 2
Insert instead "Administrative Decisions Review Act 1997". 3
[16] Section 67 Powers of Civil and Administrative Tribunal on administrative review 4
Omit "a review" from section 67 (1). Insert instead "an administrative review". 5
[17] Section 67 (2) 6
Omit the subsection. Insert instead: 7
(2) Subsection (1) does not limit the generality of Division 3 of Part 3 of Chapter 3 8
of the Administrative Decisions Review Act 1997". 9
[18] Section 67 (3) 10
Omit "applicant for review". Insert instead "applicant for the administrative review". 11
[19] Section 70 Costs in review proceedings 12
Omit the section. 13
[20] Section 71 Orders for restitution to be subject to administrative review of relevant 14
approvals of victims support 15
Omit "review" wherever occurring in section 71 (1) (a) and (2). 16
Insert instead "an administrative review". 17
2.150 Victims Rights and Support Regulation 2013 18
[1] Clause 13 19
Omit the clause. Insert instead: 20
13 Costs and expenses 21
Costs and expenses payable with respect to proceedings before the Civil and 22
Administrative Tribunal under the Act relating to victims support are to be 23
determined in accordance with section 60 of the Civil and Administrative 24
Tribunal Act 2013. 25
Note. This clause replaces so much of clause 20 of Schedule 2 to the Act as relates to 26
cost and expenses payable in respect of proceedings for victims support under the Act. 27
[2] Clause 16 Appeals against determinations regarding applications for statutory 28
compensation 29
Omit "Administrative Decisions Tribunal" from clause 16 (4) (b). 30
Insert instead "Civil and Administrative Tribunal". 31
2.151 Weapons Prohibition Act 1998 No 127 32
[1] Section 35 Administrative review by Civil and Administrative Tribunal of certain 33
decisions 34
Omit "may apply to the Administrative Decisions Tribunal for a review" from 35
section 35 (1). 36
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 37
review under the Administrative Decisions Review Act 1997". 38
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
[2] Section 35 (2) 1
Omit the subsection. Insert instead: 2
(2) The following provisions of the Administrative Decisions Review Act 1997 do 3
not apply to an application to the Civil and Administrative Tribunal for an 4
administrative review of a refusal to issue a permit, or the revocation or 5
suspension of a permit, that was made on the grounds referred to in 6
section 10 (3A): 7
(a) Part 2 of Chapter 3, 8
(b) section 58. 9
[3] Section 35 (3) 10
Omit "In determining an application for a review of any such decision, the Administrative 11
Decisions Tribunal:". 12
Insert instead "In determining an application for an administrative review of any such 13
decision, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in 14
determining any internal appeal against such a review under the Civil and Administrative 15
Tribunal Act 2013):". 16
[4] Section 35 (3) (b) 17
Omit "applicant for review". Insert instead "applicant for the administrative review". 18
2.152 Wool, Hide and Skin Dealers Act 2004 No 7 19
Section 15 Administrative review by Civil and Administrative Tribunal 20
Omit "may apply to the Administrative Decisions Tribunal for a review". 21
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 22
review under the Administrative Decisions Review Act 1997". 23
2.153 Work Health and Safety Act 2011 No 10 24
[1] Section 276 Regulation-making powers 25
Insert after section 276 (3): 26
(4) The Minister is not to recommend the making of a regulation containing 27
provisions that confer jurisdiction of the Civil and Administrative Tribunal to 28
exercise functions unless the Minister certifies that the Minister administering 29
the Civil and Administrative Tribunal Act 2013 has agreed to the provisions. 30
[2] Schedule 3 Regulation-making powers 31
Insert at the end of clause 14 (c): 32
, and 33
(d) conferring jurisdiction on the Civil and Administrative Tribunal to 34
conduct administrative reviews under the Administrative Decisions 35
Review Act 1997. 36
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.154 Work Health and Safety (Mines) Act 2013 No 54 1
[1] Section 76 Regulations 2
Insert after section 76 (5): 3
(6) The Minister is not to recommend the making of a regulation containing 4
provisions that confer jurisdiction of the Civil and Administrative Tribunal to 5
exercise functions unless the Minister certifies that the Minister administering 6
the Civil and Administrative Tribunal Act 2013 has agreed to the provisions. 7
[2] Schedule 2 Regulation-making powers 8
Omit "Administrative Decisions Tribunal to conduct reviews under the regulations" from 9
clause 3. 10
Insert instead "Civil and Administrative Tribunal to conduct administrative reviews under 11
the Administrative Decisions Review Act 1997". 12
2.155 Work Health and Safety Regulation 2011 13
[1] Clause 105 Status of licence during review 14
Omit "Administrative Decisions Tribunal" from clause 105 (5) (b). 15
Insert instead "Civil and Administrative Tribunal". 16
[2] Clause 280 Status of registration during review 17
Omit "Administrative Decisions Tribunal" from clause 280 (5) (b). 18
Insert instead "Civil and Administrative Tribunal". 19
[3] Clause 519 Status of licence during review 20
Omit "Administrative Decisions Tribunal" from clause 519 (5) (b). 21
Insert instead "Civil and Administrative Tribunal". 22
[4] Clause 599 Status of major hazard facility licence during review 23
Omit "Administrative Decisions Tribunal" from clause 599 (3) (b). 24
Insert instead "Civil and Administrative Tribunal". 25
[5] Clause 683 Application for external review 26
Omit "may apply to the Administrative Decisions Tribunal for review" from clause 683 (1). 27
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 28
review under the Administrative Decisions Review Act 1997". 29
[6] Section 683 (2) (b) 30
Omit "Administrative Decisions Tribunal". 31
Insert instead "Civil and Administrative Tribunal". 32
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Schedule 2 Amendment of legislation concerning Administrative Decisions Tribunal
2.156 Workplace Injury Management and Workers Compensation Act 1998 1
No 86 2
[1] Section 45A Injury management consultants 3
Omit "may apply to the Administrative Decisions Tribunal for a review" from 4
section 45A (6). 5
Insert instead "may apply to the Civil and Administrative Tribunal for an administrative 6
review under the Administrative Decisions Review Act 1997". 7
[2] Section 230A Premium Discount Schemes 8
Omit "a review by the Administrative Decisions Tribunal under the Administrative 9
Decisions Tribunal Act 1997" from section 230A (4) (b). 10
Insert instead "an administrative review by the Civil and Administrative Tribunal under the 11
Administrative Decisions Review Act 1997". 12
[3] Section 230A (4A) 13
Insert after section 230A (4): 14
(4A) The Minister is not to recommend the making of a regulation containing 15
provisions for the purposes of subsection (4) (b) unless the Minister certifies 16
that the Minister administering the Civil and Administrative Tribunal Act 2013 17
has agreed to the provisions. 18
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 3 Amendment of legislation concerning Charity Referees
Schedule 3 Amendment of legislation concerning Charity 1
Referees 2
3.1 Dormant Funds Act 1942 No 25 3
[1] Long title 4
Omit "and of Charity Referees". 5
[2] Section 2 Definitions 6
Insert in alphabetical order in section 2 (1): 7
Tribunal means the Civil and Administrative Tribunal. 8
[3] Section 2 (2) 9
Insert after section 2 (1): 10
(2) Notes included in this Act do not form part of this Act. 11
[4] Section 3 Certain Acts not affected 12
Omit section 3 (2). 13
[5] Section 5 Charity Referees 14
Omit the section. 15
[6] Section 13 Proposals--dormant fund exceeding $10,000 16
Insert "Notice of proposals under section 11" as the heading to section 13 (1). 17
[7] Section 13 (1) (c) 18
Omit "Charity Referees". Insert instead "Tribunal". 19
[8] Section 13 (2)-(8) 20
Omit section 13 (2)-(3). Insert instead: 21
(2) Procedure if no request for referral to Tribunal received 22
The following provisions apply if the Commissioner does not receive a request 23
for the proposals to be referred to the Tribunal within the time specified in the 24
notice for the making of such a request: 25
(a) the Commissioner must forward a copy of the proposals to the Attorney 26
General, 27
(b) the Attorney General may: 28
(i) approve the proposals, or 29
(ii) refer the proposals back to the Commissioner for further 30
consideration, or 31
(iii) request that the Commissioner refer the proposals to the Tribunal 32
for its consideration, 33
(c) the Commissioner must sign the draft order (which then has effect as an 34
order made under this Act) if the Attorney General has approved of the 35
proposals (whether as originally submitted or after they have been 36
referred back for further consideration by the Commissioner). 37
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Schedule 3 Amendment of legislation concerning Charity Referees
(3) Procedure if request for referral to Tribunal received 1
The following provisions apply if the Commissioner receives a request for the 2
proposals to be referred to the Tribunal within the time specified in the notice 3
for the making of such a request: 4
(a) the Commissioner must forward a copy of the proposals to the Attorney 5
General, 6
(b) the Commissioner must refer the proposals to the Tribunal for its 7
consideration. 8
(4) Role of Tribunal 9
If proposals are referred to the Tribunal for its consideration, the Tribunal may 10
consider the proposals and any representations that are made to the Tribunal 11
about them by the following persons: 12
(a) the person at whose request the Commissioner referred the proposals, 13
(b) the Commissioner, 14
(c) if the Attorney General did not request the referral--the Attorney 15
General. 16
(5) The Tribunal may: 17
(a) approve the proposals, or 18
(b) vary or amend the proposals, or 19
(c) formulate new proposals. 20
(6) The proposals that are finally approved by the Tribunal must be in the form of 21
an order and may make provision with respect to any of the matters referred to 22
in section 11 (2). 23
Note. Section 15 makes provision for the effect of an order under this section. 24
(7) A person who has made a request that any proposals be referred to the Tribunal 25
may, at any time before the Tribunal has completed its consideration of the 26
proposals, deliver or send to the Commissioner a request in writing to have the 27
reference withdrawn. 28
(8) If a reference is withdrawn, the proposals are to be dealt with as if no request 29
for the proposals to be referred to the Tribunal had been received within the 30
time specified in the notice. 31
[9] Section 14 Supplementary order as assurance, transfer etc 32
Omit "Charity Referees" wherever occurring. Insert instead "Tribunal". 33
[10] Section 15 Effect of order 34
Omit "Charity Referees" wherever occurring. Insert instead "Tribunal". 35
[11] Part 4 36
Omit the Part. Insert instead: 37
Part 4 Appeals 38
15B Appeals to Tribunal 39
(1) Any person who is dissatisfied with any of the following decisions of the 40
Commissioner may appeal to the Tribunal against the decision: 41
(a) a determination under section 5A, 42
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Schedule 3 Amendment of legislation concerning Charity Referees
(b) a decision of the Commissioner revoking a determination under 1
section 5A. 2
Note. An appeal under this section is an external appeal to the Tribunal for the 3
purposes of the Civil and Administrative Tribunal Act 2013. 4
(2) An appeal is to be dealt with by way of a new hearing. Fresh evidence, or 5
evidence in addition to or substitution for the evidence on which the 6
determination or decision appealed from was based, may, with the leave of the 7
Tribunal, be given on the appeal. 8
(3) In determining an appeal, the Tribunal may make any of the following orders: 9
(a) an order confirming the decision on appeal, 10
(b) an order quashing the decision on appeal, and, in the case of a 11
determination under section 5A, substituting such other determination 12
as the Commissioner could have made on the matter to which the appeal 13
relates, 14
(c) an order remitting the matter to the Commissioner to be dealt with in 15
accordance with the directions of the Tribunal. 16
(4) An order that quashes a decision revoking a determination made under 17
section 5A has the effect of reinstating the determination to which the decision 18
relates. 19
[12] Section 17 Commissioner not bound by laws of evidence 20
Omit "the Commissioner and the Charity Referees" and "their minds". 21
Insert instead "the Commissioner" and "the Commissioner's mind", respectively. 22
[13] Section 18 Commissioner and Tribunal not bound to follow Cy-pres principle 23
Omit "Charity Referees". Insert instead "Tribunal". 24
[14] Section 19 Regulations 25
Omit section 19 (2). 26
3.2 Dormant Funds Regulation 2009 27
[1] Clause 3 Interpretation 28
Omit the definition of Prothonotary from clause 3 (1). 29
[2] Clause 4 Nomination of Charity Referee by State Executive of the RSL 30
Omit the clause. 31
[3] Clause 5 Determinations 32
Omit clause 5 (2)-(7). 33
[4] Clause 7 Request for referral to the Charity Referees of Commissioner's proposal 34
Omit the clause. 35
[5] Clause 8 Allowances 36
Omit the clause. 37
[6] Clause 9 Service of notices 38
Omit the clause. 39
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 3 Amendment of legislation concerning Charity Referees
3.3 Government Information (Public Access) Regulation 2009 1
Schedule 3 Agencies declared to be part of other agencies 2
Omit the matter relating to a Charity Referee appointed under the Dormant Funds Act 1942. 3
Page 94
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
Schedule 4 Amendment of legislation concerning Consumer, 1
Trader and Tenancy Tribunal 2
4.1 Agricultural Tenancies Act 1990 No 64 3
[1] Section 3 Objects 4
Omit "Consumer, Trader and Tenancy Tribunal" from section 3 (c). 5
Insert instead "Civil and Administrative Tribunal". 6
[2] Section 4 Definitions 7
Omit the definition of Tribunal from section 4 (1). Insert instead: 8
Tribunal means the Civil and Administrative Tribunal. 9
[3] Section 21 Orders that may be made by Tribunal 10
Omit "Consumer, Trader and Tenancy Tribunal Act 2001" from section 21 (6). 11
Insert instead "Civil and Administrative Tribunal Act 2013". 12
[4] Section 22 Matters to be dealt with by alternative dispute resolution at first instance 13
Omit the section. 14
[5] Section 28 Service of documents 15
Omit "by the Consumer, Trader and Tenancy Tribunal Act 2001" from section 28 (3). 16
Insert instead "by or under the Civil and Administrative Tribunal Act 2013". 17
4.2 Architects Act 2003 No 89 18
Section 36 Form of complaint 19
Omit section 36 (2) (e). 20
4.3 Boarding Houses Act 2012 No 74 21
[1] Section 28 Proprietor's obligation to ensure written occupancy agreement 22
Omit "Consumer, Trader and Tenancy Tribunal" from the note at the end of the section. 23
Insert instead "Civil and Administrative Tribunal". 24
[2] Section 32 Applications to Civil and Administrative Tribunal for dispute resolution 25
Omit "Consumer, Trader and Tenancy Tribunal" from section 32 (1). 26
Insert instead "Civil and Administrative Tribunal". 27
[3] Section 33 Order for written occupancy agreement 28
Omit "Consumer, Trader and Tenancy Tribunal" from section 33 (1). 29
Insert instead "Civil and Administrative Tribunal". 30
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
4.4 Community Land Development Act 1989 No 201 1
[1] Section 3 Definitions 2
Omit the definition of Tribunal from section 3 (1). Insert instead: 3
Tribunal means the Civil and Administrative Tribunal. 4
[2] Section 40 Recording of certain orders 5
Omit "Registrar" from paragraph (a) of the definition of certified in section 40 (5). 6
Insert instead "principal registrar". 7
4.5 Community Land Management Act 1989 No 202 8
[1] Section 3 Definitions 9
Omit the definitions of Deputy Registrar and Registrar from section 3 (1). 10
Insert in alphabetical order: 11
principal registrar means the principal registrar of the Tribunal. 12
[2] Section 3 (1), definition of "Tribunal" 13
Omit the definition. Insert instead: 14
Tribunal means the Civil and Administrative Tribunal. 15
[3] Sections 63 (1), 64, 70B-70CA, 75 (2), 87 (4) and 100 16
Omit "Registrar" wherever occurring. Insert instead "principal registrar". 17
[4] Part 4, Division 2A, heading 18
Omit "Registrar". Insert instead "principal registrar". 19
[5] Section 75B Investigations and proceedings before the Tribunal 20
Omit the section. 21
[6] Section 87 Amendment or revocation of order of Tribunal 22
Omit section 87 (3). Insert instead: 23
(3) The application must be lodged with the principal registrar. 24
[7] Section 87 (6) 25
Omit "the Registrar, Tribunal or District Court". 26
Insert instead "the principal registrar or the Tribunal". 27
[8] Section 88 28
Omit the section. Insert instead: 29
88 Appeal against order of Adjudicator 30
(1) Each of the following persons may appeal against an order made by an 31
Adjudicator under this Division: 32
(a) the applicant for the order, 33
(b) a person who made a written submission on the application for the 34
order, 35
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
(c) a person bound by the order. 1
Note. An appeal under this section is an external appeal to the Tribunal for the 2
purposes of the Civil and Administrative Tribunal Act 2013. 3
(2) The only ground of appeal against the granting of an interim order is that the 4
Adjudicator acted unreasonably. 5
(3) An appeal must be lodged: 6
(a) in the case of appeal against an order dismissing an application--not 7
later than 21 days after the order takes effect, or 8
(b) in the case of an appeal against any other order: 9
(i) not later than 21 days after the order takes effect, or 10
(ii) by leave of the Tribunal (given on sufficient cause being shown 11
why the notice was not lodged within the time limited by 12
paragraph (a))--not later than 90 days after the order takes effect. 13
(4) Section 41 of the Civil and Administrative Tribunal Act 2013 does not apply 14
in relation to the periods referred to in subsection (3). 15
[9] Section 89 Procedure after appeal is lodged 16
Omit the section. 17
[10] Section 90 Stay of proceedings 18
Omit the section. 19
[11] Part 4, Division 6 General provisions relating to Tribunal 20
Omit the Division. 21
[12] Section 97E Payment of civil penalties 22
Insert after section 97E (3): 23
(4) This section applies despite anything to the contrary in section 78 (Recovery 24
of amounts ordered to be paid) of the Civil and Administrative Tribunal 25
Act 2013. 26
[13] Section 100 Resolution purporting to alter effect of order 27
Omit section 100 (3). Insert instead: 28
(3) An application to the Tribunal for an order authorising a motion for 29
submission to a general meeting may be made by any person who, at the time 30
of the application, could have applied for the order to which the proposed 31
motion relates. 32
[14] Section 100 (5) 33
Omit "the Registrar, Tribunal or District Court". 34
Insert instead "the principal registrar or the Tribunal". 35
[15] Section 104 Orders relating to costs 36
Omit the section. 37
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[16] Section 105 Expenses in proceedings under this Part 1
Omit "or the District Court" from section 105 (4). 2
Insert instead "(or on an internal appeal to an Appeal Panel of the Tribunal or an appeal to 3
the Supreme Court from the Tribunal)". 4
[17] Section 108 Appeal to District Court 5
Omit the section. 6
[18] Section 109J Delegation of functions of Adjudicators 7
Omit the section. 8
[19] Part 5A, Division 4 Registrar 9
Omit the Division. 10
4.6 Community Land Management Regulation 2007 11
[1] Clause 19 Conduct of proceedings before Tribunal 12
Omit the clause. 13
[2] Clause 20 Further modification of applied provisions of Consumer, Trader and 14
Tenancy Tribunal Act 2001 and regulations: section 91A (1) 15
Omit the clause. 16
[3] Clause 22 Waiver and remission of fees 17
Omit "Registrar" wherever occurring in clause 22 (2). 18
Insert instead "principal registrar". 19
[4] Schedule 2 Fees 20
Omit items 4 and 6. 21
[5] Schedule 2, item 8 22
Omit "or the Tribunal". 23
4.7 Consumer Claims Act 1998 No 162 24
[1] Section 3 Definitions 25
Omit the definition of Tribunal from section 3 (1). Insert instead: 26
Tribunal means the Civil and Administrative Tribunal. 27
[2] Section 6 Application for determination 28
Omit ", in accordance with the regulations,". 29
[3] Section 8 Tribunal orders 30
Omit "section 28 (5) of the Consumer, Trader and Tenancy Tribunal Act 2001" from 31
section 8 (5). 32
Insert instead "section 55 (Dismissal of proceedings) of the Civil and Administrative 33
Tribunal Act 2013". 34
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[4] Section 15 Certain matters to be reported to President of Tribunal or to Minister 1
Omit "Chairperson" wherever occurring in section 15 (1) and (2). 2
Insert instead "President". 3
[5] Schedule 1 Savings and transitional provisions 4
Insert in alphabetical order in clause 9: 5
Tribunal means the former Consumer, Trader and Tenancy Tribunal. 6
4.8 Consumer Claims Regulation 2007 7
Clause 4 Applications 8
Omit the clause. 9
4.9 Contracts Review Act 1980 No 16 10
Section 4 Definitions 11
Omit the definition of Tribunal from section 4 (1). Insert instead: 12
Tribunal means the Civil and Administrative Tribunal. 13
4.10 Conveyancers Licensing Act 2003 No 3 14
[1] Section 3 Definitions 15
Omit the definition of Tribunal. Insert instead: 16
Tribunal means the Civil and Administrative Tribunal. 17
[2] Section 43 Notifying Tribunal about costs dispute 18
Omit "fee prescribed by the regulations" from section 43 (2). 19
Insert instead "fee prescribed by the regulations under the Civil and Administrative 20
Tribunal Act 2013 for an application to the Tribunal in its Consumer and Commercial 21
Division (unless the fee is waived or postponed under that Act)". 22
[3] Section 44 Attempts to resolve costs dispute 23
Omit "Chairperson" from section 44 (3). Insert instead "President". 24
[4] Section 44 (5) 25
Omit the subsection. Insert instead: 26
(5) Nothing in this section prevents the Tribunal using (or requiring the use of) 27
resolution processes under the Civil and Administrative Tribunal Act 2013 to 28
resolve a costs dispute. 29
[5] Section 47 Application for determination of costs dispute 30
Omit ", in accordance with the regulations, and on payment of the prescribed fee,". 31
[6] Section 48 Preliminary procedure must be followed 32
Omit "Chairperson". Insert instead "President". 33
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[7] Section 49, heading 1
Omit "Consumer, Trader and Tenancy Tribunal". 2
Insert instead "Civil and Administrative Tribunal". 3
[8] Section 50 Tribunal to be chiefly responsible for resolving costs disputes 4
Omit "section 23 of the Consumer, Trader and Tenancy Tribunal Act 2001" from 5
section 50 (3). 6
Insert instead "clauses 5 and 6 of Schedule 4 to the Civil and Administrative Tribunal 7
Act 2013". 8
4.11 Conveyancers Licensing Regulation 2006 9
[1] Clause 12 Notifying Tribunal of costs dispute 10
Omit "of section 24 (2) of the Consumer, Trader and Tenancy Tribunal Act 2001" from 11
clause 12 (a). 12
Insert instead "under the Civil and Administrative Tribunal Act 2013". 13
[2] Clause 13 Fee for notifying Tribunal of costs dispute 14
Omit the clause. 15
[3] Clause 15 Application for determination of costs dispute 16
Omit the clause. 17
[4] Clause 16 Fee for application for determination of costs dispute 18
Omit the clause. 19
[5] Clause 17 Transfer of proceedings to or from other courts or tribunals 20
Omit "Registrar" wherever occurring. Insert instead "principal registrar". 21
4.12 Credit (Commonwealth Powers) Act 2010 No 6 22
Schedule 3 Savings, transitional and other provisions 23
Insert at the end of clause 12: 24
(2) The functions of the Consumer, Trader and Tenancy Tribunal under 25
subclause (1) become, on and from the establishment day (within the meaning 26
of the Civil and Administrative Tribunal Act 2013), the functions of the Civil 27
and Administrative Tribunal. 28
(3) The provisions of subclause (2) are in addition to, and do not derogate from, 29
the provisions of Part 2 of Schedule 1 to the Civil and Administrative Tribunal 30
Act 2013. 31
4.13 Electricity Supply Act 1995 No 94 32
Section 96A Review of certain decisions under energy ombudsman scheme 33
Omit section 96A (4). Insert instead: 34
(4) This section does not affect the jurisdiction of the Civil and Administrative 35
Tribunal. 36
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
4.14 Electronic Transactions (ECM Courts) Order 2005 1
[1] Clause 3 Definitions 2
Omit the definition of CTTT Online from clause 3 (1). Insert in alphabetical order: 3
NCAT Online means the electronic case management system of that name that 4
has been established under clause 2 of Schedule 1 to the Act. 5
[2] Clause 7 6
Omit the clause. Insert instead: 7
7 Authority to use NCAT Online 8
Pursuant to clause 3 of Schedule 1 to the Act, NCAT Online is authorised to 9
be used by any court specified in Column 1 of Schedule 4 for any purpose 10
specified in Column 2 of that Schedule in relation to that court. 11
[3] Schedule 4 12
Omit the Schedule. Insert instead: 13
Schedule 4 Authority to use NCAT Online 14
(Clause 7) 15
Column 1 Column 2
Court Purpose
Civil and Administrative Use in proceedings in the Civil and Administrative Tribunal, but
Tribunal only so as:
(a) to enable documents to be filed, issued, used and served in
electronic form, and
(b) to enable parties to the proceedings to communicate in
electronic form with other parties to the proceedings and
with the Civil and Administrative Tribunal, and
(c) to enable information concerning the progress of the
proceedings to be provided in electronic form to parties to
the proceedings and to members of the public generally.
4.15 Electronic Transactions Regulation 2012 16
Clause 8 Definition of "court" for purposes of Schedule 1 to the Act 17
Omit "Consumer, Trader and Tenancy Tribunal" from clause 8 (3). 18
Insert instead "Civil and Administrative Tribunal". 19
4.16 Fair Trading Act 1987 No 68 20
[1] Section 4 Definitions 21
Omit the definition of Tribunal from section 4 (1). Insert instead: 22
Tribunal means the Civil and Administrative Tribunal. 23
Page 101
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[2] Section 71 Declarations by Supreme Court concerning unfair contract terms 1
Omit "Consumer, Trader and Tenancy Tribunal" from the note to section 71 (3). 2
Insert instead "Civil and Administrative Tribunal". 3
4.17 Government Information (Public Access) Regulation 2009 4
Schedule 3 Agencies declared to be part of other agencies 5
Omit the matter relating to the Consumer, Trader and Tenancy Tribunal. 6
4.18 Holiday Parks (Long-term Casual Occupation) Act 2002 No 88 7
[1] Section 3 Definitions 8
Omit the definition of Tribunal from section 3 (1). Insert instead: 9
Tribunal means the Civil and Administrative Tribunal. 10
[2] Section 30 Enforcement of orders for possession 11
Omit "the Chairperson of the Tribunal, any other member of the Tribunal, the Registrar of 12
the Tribunal or a Deputy Registrar of the Tribunal" from section 30 (1). 13
Insert instead "the President of the Tribunal, any other member of the Tribunal or a registrar 14
of the Tribunal". 15
[3] Section 47 Service of documents 16
Omit section 47 (3). 17
[4] Section 48 Extension of time 18
Insert after section 48 (2): 19
(3) The provisions of this section are in addition to, and do not derogate from, the 20
provisions of section 41 (Extensions of time) of the Civil and Administrative 21
Tribunal Act 2013. 22
[5] Schedule 1 Terms that are taken to be in every occupation agreement 23
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring in clauses 23, 33 (b) 24
and 36 (b). 25
Insert instead "Civil and Administrative Tribunal". 26
[6] Schedule 3 Savings and transitional provisions 27
Insert before clause 1: 28
Part 1 Preliminary 29
Page 102
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[7] Schedule 3, Part 2 1
Insert after clause 1: 2
Part 2 Provision consequent on enactment of Civil and 3
Administrative Legislation (Repeal and 4
Amendment) Act 2013 5
2 References to former CTTT in existing occupancy agreements 6
Any reference to the Consumer, Trader and Tenancy Tribunal in an occupancy 7
agreement entered into before the commencement of the amendments to 8
Schedule 1 made by the Civil and Administrative Legislation (Repeal and 9
Amendment) Act 2013 is to be read, on and after that commencement, as a 10
reference to the Civil and Administrative Tribunal. 11
4.19 Holiday Parks (Long-term Casual Occupation) Regulation 2009 12
[1] Schedule 1 Form 13
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring. 14
Insert instead "Civil and Administrative Tribunal". 15
[2] Schedule 1 16
Omit "Chairperson/Deputy Chairperson/Member/Registrar/Deputy Registrar". 17
Insert instead "President/Deputy President/Member/registrar". 18
4.20 Home Building Act 1989 No 147 19
[1] Section 3 Definitions 20
Omit the definition of Tribunal from section 3 (1). Insert instead: 21
Tribunal means the Civil and Administrative Tribunal. 22
[2] Section 42A Automatic suspension of licence for failure to comply with order to pay 23
money in relation to building claim 24
Omit the note to section 42A (4). Insert instead: 25
Note. Section 43 (Effect of pending general applications and appeals) of the Civil and 26
Administrative Tribunal Act 2013 provides that a pending application to the Tribunal for 27
a general decision with respect to a decision of another decision-maker does not affect 28
the operation of (or prevent the taking of action to implement) the decision unless the 29
Tribunal orders otherwise. 30
[3] Section 48J Certain applications to be rejected 31
Omit "Registrar" and "Chairperson" wherever occurring. 32
Insert instead "principal registrar" and "President", respectively. 33
[4] Section 48K Jurisdiction of Tribunal in relation to building claims 34
Omit "section 22 of the Consumer, Trader and Tenancy Tribunal Act 2001" from 35
section 48K (9). 36
Insert instead "clause 5 (Relationship between Tribunal and courts and other bodies in 37
connection with Division functions) of Schedule 4 to the Civil and Administrative Tribunal 38
Act 2013". 39
Page 103
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[5] Section 48L Tribunal to be chiefly responsible for resolving building claims 1
Omit "section 23 of the Consumer, Trader and Tenancy Tribunal Act 2001" from 2
section 48L (4). 3
Insert instead "clause 6 (Transfer of proceedings to courts or to other tribunals) of 4
Schedule 4 to the Civil and Administrative Tribunal Act 2013". 5
[6] Section 48P Power to adjourn proceedings where insurable event arises 6
Insert after section 48P (3): 7
(4) The provisions of this section are in addition to, and do not derogate from, the 8
provisions of section 51 (Adjournment of proceedings) of the Civil and 9
Administrative Tribunal Act 2013. 10
[7] Section 48Q Power to join persons as parties to proceedings 11
Omit the section. 12
[8] Section 85 Appeal to Tribunal 13
Insert at the end of the section: 14
Note. An appeal under this Part is an external appeal to the Tribunal for the purposes 15
of the Civil and Administrative Tribunal Act 2013. 16
(2) An appeal under this Part is to be dealt with by way of rehearing and fresh 17
evidence, or evidence in addition to or in substitution for the evidence received 18
by the Director-General, may be given. 19
(3) In determining an appeal under this Part, the Tribunal may make any of the 20
following orders: 21
(a) an order confirming the decision, determination or order of the 22
Director-General appealed against, 23
(b) an order substituting for that decision, determination or order any other 24
decision, determination or order that the Director-General might have 25
made. 26
[9] Section 86 Time limits for appeals 27
Omit "An appeal must be lodged with the registrar of the Tribunal" from section 86 (1). 28
Insert instead "An appeal under this Part must be lodged". 29
[10] Section 87 Conduct of appeal 30
Omit the section. 31
[11] Section 88 Decision on appeal 32
Omit the section. 33
[12] Section 89 Finality of decision 34
Omit the section. 35
4.21 Home Building Regulation 2004 36
[1] Clause 65 Insurance appeals 37
Omit "registrar" from clause 65 (3). Insert instead "principal registrar". 38
Page 104
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[2] Clause 78 Transfer of proceedings from other courts 1
Omit "Registrar" wherever occurring. Insert instead "principal registrar". 2
4.22 HomeFund Restructuring Act 1993 No 112 3
[1] Section 15 Other relief 4
Omit "Consumer, Trader and Tenancy Tribunal Act 2001" from section 15 (4). 5
Insert instead "Civil and Administrative Tribunal Act 2013". 6
[2] Section 20 Suspension of limitation period 7
Omit "Consumer, Trader and Tenancy Tribunal Act 2001" from section 20 (1) (d). 8
Insert instead "Civil and Administrative Tribunal Act 2013". 9
4.23 Landlord and Tenant Act 1899 No 18 10
Section 3 Recovery of land may be refused in cases of retaliatory eviction 11
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring. 12
Insert instead "Civil and Administrative Tribunal". 13
4.24 Local Government (General) Regulation 2005 14
Clause 88 Rectification of defective water supply or sewerage work 15
Omit "Consumer, Trader and Tenancy Tribunal" from clause 88 (3). 16
Insert instead `Civil and Administrative Tribunal". 17
4.25 Motor Dealers Act 1974 No 52 18
[1] Section 4 Definitions 19
Omit the definition of Tribunal from section 4 (1). Insert instead: 20
Tribunal means the Civil and Administrative Tribunal. 21
[2] Section 20K Register of Undertakings 22
Omit "Registrar" from section 20K (1) (a). Insert instead "principal registrar". 23
4.26 Motor Dealers and Repairers Act 2013 24
[1] Section 4 Definitions 25
Omit the definition of Tribunal from section 4 (1). Insert instead: 26
Tribunal means the Civil and Administrative Tribunal. 27
[2] Section 107 Register of Undertakings 28
Omit "Registrar" from section 107 (1). Insert instead "principal registrar" 29
4.27 Motor Vehicle Repairs Act 1980 No 71 30
[1] Section 4 Definitions 31
Omit the definition of Tribunal from section 4 (1). Insert instead: 32
Tribunal means the Civil and Administrative Tribunal. 33
Page 105
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[2] Section 48 Register of Undertakings 1
Omit "Registrar" from section 48 (1). Insert instead "principal registrar". 2
4.28 Pawnbrokers and Second-hand Dealers Act 1996 No 13 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
Tribunal means the Civil and Administrative Tribunal. 6
[2] Section 32E Definitions 7
Omit the definition of Tribunal from section 32E (1). 8
[3] Section 32G Proceedings before Tribunal for recovery of goods 9
Omit the note to section 32G (1). 10
[4] Section 32G (10) 11
Omit "Regulations under the Consumer, Trader and Tenancy Tribunal Act 2001" and 12
"make regulations". 13
Insert instead "The procedural rules under the Civil and Administrative Tribunal Act 2013" 14
and "make procedural rules", respectively. 15
[5] Section 36 Disciplinary action by Director-General 16
Omit "Such an order is to be filed in the Consumer, Trader and Tenancy Tribunal and is 17
enforceable in the same way as a judgment or order of the Tribunal." from section 36 (5). 18
Insert instead "Such an order is to be filed in the Tribunal and is enforceable in the same 19
way as an order or other decision of the Tribunal.". 20
[6] Section 43 Regulations 21
Omit "Consumer, Trader and Tenancy Tribunal" from section 43 (3). 22
Insert instead "Civil and Administrative Tribunal". 23
4.29 Plumbing and Drainage Act 2011 No 59 24
Section 14 Defective plumbing and drainage work 25
Omit "Consumer, Trader and Tenancy Tribunal" from section 14 (4). 26
Insert instead "Civil and Administrative Tribunal". 27
4.30 Property, Stock and Business Agents Act 2002 No 66 28
[1] Section 3 Definitions 29
Insert in alphabetical order in section 3 (1): 30
Tribunal means the Civil and Administrative Tribunal. 31
[2] Section 36 Review of commission and fees 32
Omit the definition of Tribunal from section 36 (8). 33
[3] Section 53A Interpretation 34
Omit section 53A (2). 35
Page 106
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[4] Section 53C Register of Undertakings 1
Omit "Registrar" from section 53C (1) (a). Insert instead "principal registrar". 2
[5] Section 190 Application of money for purposes of certain Acts 3
Omit "the Tenancy, Social Housing, Retirement Villages and Residential Parks Divisions 4
of the Consumer, Trader and Tenancy Tribunal" from section 190 (1) (b). 5
Insert instead "residential and social housing matters in the Consumer and Commercial 6
Division of the Tribunal". 7
[6] Section 190 (1) (c) 8
Omit "the Strata and Community Schemes Division of the Consumer, Trader and Tenancy 9
Tribunal". 10
Insert instead "strata and community scheme matters in the Consumer and Commercial 11
Division of the Tribunal". 12
[7] Section 190 (1A) 13
Omit "Consumer, Trader and Tenancy Tribunal Act 2001". 14
Insert instead "Civil and Administrative Tribunal Act 2013". 15
[8] Section 190 (3) 16
Insert after section 190 (2): 17
(3) In this section: 18
residential and social housing matters in the Consumer and Commercial 19
Division of the Tribunal means matters relating to the exercise of the 20
functions of the Tribunal in that Division under the Residential Parks Act 21
1998, Residential Tenancies Act 2010 or Retirement Villages Act 1999. 22
strata and community scheme matters in the Consumer and Commercial 23
Division of the Tribunal means matters relating to the exercise of the 24
functions of the Tribunal in that Division under the Community Land 25
Management Act 1989 or Strata Schemes Management Act 1996. 26
4.31 Residential (Land Lease) Communities Act 2013 27
[1] Section 4 Definitions 28
Omit the definition of Tribunal from section 4 (1). Insert instead: 29
Tribunal means the Civil and Administrative Tribunal. 30
[2] Section 66 Increase of site fees by fixed method 31
Omit "Consumer, Trader and Tenancy Tribunal Act 2001" from section 66 (7) (b). 32
Insert instead "Civil and Administrative Tribunal Act 2013". 33
[3] Section 134 Enforcement of possession orders 34
Omit "Registrar" wherever occurring in section 134 (1). Insert instead "principal registrar". 35
[4] Schedule 2 Savings and transitional provisions 36
Insert at the end of clause 2: 37
(2) A reference in a provision of this Part to the Tribunal is to be read as a 38
reference to the Consumer, Trader and Tenancy Tribunal or, if the provision 39
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
becomes operative on or after the establishment day (within the meaning of the 1
Civil and Administrative Tribunal Act 2013), the Civil and Administrative 2
Tribunal. 3
4.32 Residential Parks Act 1998 No 142 4
[1] Section 3 Definitions 5
Omit the definition of Tribunal from section 3 (1). Insert instead: 6
Tribunal means the Civil and Administrative Tribunal. 7
[2] Section 61 Contravention of rent order 8
Omit "or section 52 of the Consumer, Trader and Tenancy Tribunal Act 2001" from 9
section 61 (3). 10
[3] Section 91 Tribunal may refer certain matters for alternative dispute resolution 11
Omit the section. 12
[4] Section 92 Privilege 13
Omit the section. 14
[5] Section 93 Secrecy 15
Omit the section. 16
[6] Section 94 Exoneration from liability for mediators 17
Omit the section. 18
[7] Section 123 Enforcement of orders for possession 19
Omit "the Chairperson of the Tribunal, any other member of the Tribunal, the Registrar of 20
the Tribunal or a Deputy Registrar of the Tribunal" from section 123 (1). 21
Insert instead "the President of the Tribunal, any other member of the Tribunal or a registrar 22
of the Tribunal". 23
[8] Section 153 Service of documents 24
Omit section 153 (3) and (5). 25
[9] Schedule 1 Savings and transitional provisions 26
Insert after clause 1: 27
1A References to Tribunal before establishment of NCAT 28
A reference to the Tribunal in a provision of this Schedule that was inserted 29
before the establishment day (within the meaning of the Civil and 30
Administrative Tribunal Act 2013) is a reference to whichever of the former 31
Consumer, Trader and Tenancy Tribunal or former Residential Tribunal was 32
in existence at the time the provision was inserted. 33
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[10] Schedule 1 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provision consequent on enactment of Civil and 3
Administrative Legislation (Repeal and 4
Amendment) Act 2013 5
References to former CTTT in existing residential site agreements 6
Any reference to the Consumer, Trader and Tenancy Tribunal in a residential 7
site agreement entered into before the commencement of the amendments 8
made to this Act by the Civil and Administrative Legislation (Repeal and 9
Amendment) Act 2013 is to be read, on and after that commencement, as a 10
reference to the Civil and Administrative Tribunal. 11
4.33 Residential Parks Regulation 2006 12
[1] Clause 10 Notice of termination on grounds of change of use: section 102 (4) (c) 13
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring. 14
Insert instead "Civil and Administrative Tribunal". 15
[2] Schedules 1, 3, 5 and 7 16
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring. 17
Insert instead "Civil and Administrative Tribunal". 18
[3] Schedule 7 Warrant for possession 19
Omit "Chairperson/Deputy Chairperson/Member/Registrar/Deputy Registrar". 20
Insert instead "President/Deputy President/Member/Registrar". 21
4.34 Residential Tenancies Act 2010 No 42 22
[1] Section 3 Definitions 23
Omit the definition of Registrar from section 3 (1). 24
[2] Section 3 (1), definition of "Tribunal" 25
Omit the definition. Insert instead: 26
Tribunal means the Civil and Administrative Tribunal. 27
[3] Section 46 Contraventions of rent order 28
Omit "or section 52 of the Consumer, Trader and Tenancy Tribunal Act 2001" from 29
section 46 (2). 30
[4] Section 46, note 31
Omit the note at the end of the section. 32
[5] Section 121 Enforcement of orders for possession 33
Omit "The Registrar" and "if the Registrar" from section 121 (1). 34
Insert instead "The principal registrar of the Tribunal" and "if the principal registrar", 35
respectively. 36
Page 109
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[6] Section 186 Rental Bond Interest Account 1
Omit "the Tenancy, Social Housing, Retirement Villages and Residential Parks Divisions 2
of the Tribunal" from section 186 (2) (c). 3
Insert instead "residential and social housing matters in the Consumer and Commercial 4
Division of the Tribunal". 5
[7] Section 186 (4) 6
Insert after section 186 (3): 7
(4) In this section: 8
residential and social housing matters in the Consumer and Commercial 9
Division of the Tribunal means matters relating to the exercise of the 10
functions of the Tribunal in that Division under the Residential Parks Act 11
1998, Residential Tenancies Act 2010 or Retirement Villages Act 1999. 12
[8] Section 192 Director-General may represent persons 13
Insert "the Civil and Administrative Tribunal Act 2013 or" before "any other law". 14
[9] Section 193 Director-General may take or defend proceedings 15
Insert after section 193 (2): 16
(3) This section applies despite anything to the contrary in the Civil and 17
Administrative Tribunal Act 2013 or any other law. 18
[10] Section 194 Conduct of proceedings by Director-General 19
Insert at the end of the section: 20
(2) This section applies despite anything to the contrary in the Civil and 21
Administrative Tribunal Act 2013 or any other law. 22
[11] Section 195 Intervention by Director-General 23
Insert "or section 44 of the Civil and Administrative Tribunal Act 2013" after "this 24
Division" in section 195 (1). 25
[12] Schedule 2 Savings, transitional and other provisions 26
Omit "Tribunal" wherever occurring in clause 5. 27
Insert instead "Consumer, Trader and Tenancy Tribunal". 28
[13] Schedule 2 29
Insert at the end of the Schedule with appropriate Part and clause numbering: 30
Part Provision consequent on enactment of Civil and 31
Administrative Legislation (Repeal and 32
Amendment) Act 2013 33
References to former CTTT in existing residential tenancy agreements 34
Any reference to the Consumer, Trader and Tenancy Tribunal in a residential 35
tenancy agreement entered into before the commencement of the amendments 36
made to this Act by the Civil and Administrative Legislation (Repeal and 37
Amendment) Act 2013 is to be read, on and after that commencement, as a 38
reference to the Civil and Administrative Tribunal. 39
Page 110
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
4.35 Residential Tenancies Regulation 2010 1
Schedule 1 Standard Form Agreement 2
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring. 3
Insert instead "Civil and Administrative Tribunal". 4
4.36 Retirement Villages Act 1999 No 81 5
[1] Section 4 Definitions 6
Omit the definition of Tribunal from section 4 (1). Insert instead: 7
Tribunal means the Civil and Administrative Tribunal. 8
[2] Section 125 Informal resolution of disputes 9
Omit the note at the end of the section. Insert instead: 10
Note. Section 37 of the Civil and Administrative Tribunal Act 2013 enables the 11
Tribunal, when it considers it appropriate to do so, to use resolution processes to assist 12
the parties to proceedings in the Tribunal to resolve or narrow issues between them in 13
the proceedings. 14
[3] Part 8, Division 3, heading 15
Omit the heading. Insert instead: 16
Division 3 Civil and Administrative Tribunal 17
[4] Section 126 Ancillary orders 18
Omit section 126 (1). 19
[5] Section 127 No monetary limit on jurisdiction of Tribunal 20
Omit "The Tribunal". Insert instead "Despite any other law, the Tribunal". 21
[6] Section 190 Director-General may take or defend proceedings 22
Insert after section 190 (2): 23
(3) This section applies despite anything to the contrary in the Civil and 24
Administrative Tribunal Act 2013 or any other law. 25
[7] Section 191 Conduct of proceedings by Director-General 26
Insert after section 191 (2): 27
(3) This section applies despite anything to the contrary in the Civil and 28
Administrative Tribunal Act 2013 or any other law. 29
[8] Section 192 Intervention by Director-General 30
Insert "or section 44 of the Civil and Administrative Tribunal Act 2013" after "section 191" 31
in section 192 (1). 32
[9] Schedule 4 Savings, transitional and other provisions 33
Insert after clause 1: 34
1A References to Tribunal before establishment of NCAT 35
A reference to the Tribunal in a provision of this Schedule that was inserted 36
before the establishment day (within the meaning of the Civil and 37
Page 111
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
Administrative Tribunal Act 2013) is a reference to the former Consumer, 1
Trader and Tenancy Tribunal. 2
4.37 Retirement Villages Regulation 2009 3
[1] Clause 38 Time for making application to Tribunal 4
Omit "section 81 of the Consumer, Trader and Tenancy Tribunal Act 2001" from the note 5
to clause 38 (1). 6
Insert instead "section 41 of the Civil and Administrative Tribunal Act 2013". 7
[2] Schedule 1 Forms 8
Omit "Consumer, Trader and Tenancy Tribunal" wherever occurring in Part 1A and Part 4. 9
Insert instead "Consumer, Trader and Tenancy Tribunal or the Civil and Administrative 10
Tribunal". 11
[3] Schedule 2 Standard form of village contract 12
Omit "Consumer, Trader and Tenancy Tribunal" from the definition of Tribunal. 13
Insert instead "Civil and Administrative Tribunal". 14
4.38 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 15
Schedule 2 Public offices 16
Omit the matter relating to the Chairperson, Full-time member and Part-time member of the 17
Consumer, Trader and Tenancy Tribunal from Part 1. 18
4.39 Strata Schemes (Freehold Development) Act 1973 No 68 19
Section 5 Definitions 20
Omit the definition of Tribunal from section 5 (1). Insert instead: 21
Tribunal means the Civil and Administrative Tribunal. 22
4.40 Strata Schemes (Leasehold Development) Act 1986 No 219 23
[1] Section 4 Definitions 24
Omit the definition of Tribunal from section 4 (1). Insert instead: 25
Tribunal means the Civil and Administrative Tribunal. 26
[2] Section 196 Regulations--general 27
Omit "or the Tribunal" from section 196 (1) (g). 28
4.41 Strata Schemes Management Act 1996 No 138 29
[1] Chapter 5 Disputes and orders of Adjudicators and Tribunal 30
Omit "Registrar" wherever occurring in the Introductory note. 31
Insert instead "principal registrar". 32
[2] Chapter 5, Introductory note 33
Omit "and an appeal may be made to the District Court against an order of the Tribunal". 34
Page 112
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[3] Chapter 5, Part 1 Application for order to resolve issue relating to strata scheme 1
Omit "Registrar" from the Introductory note. Insert instead "principal registrar". 2
[4] Sections 124, 125, 131 (2B), 135, 137, 137A, 162A (a), 174 (1), 191, 207 (2), 208 (3) (b) 3
and 209 (1) (a) 4
Omit "Registrar" wherever occurring (except in "Registrar-General"). 5
Insert instead "principal registrar". 6
[5] Chapter 5, Part 3, heading 7
Omit "Registrar". Insert instead "principal registrar". 8
[6] Section 177 9
Omit the section. Insert instead: 10
177 Appeal against order of Adjudicator 11
(1) Each of the following persons may appeal against an order made by an 12
Adjudicator under this Part: 13
(a) the applicant for the order, 14
(b) a person who made a written submission on the application for the 15
order, 16
(c) a person required by the order to do or refrain from doing a specified act, 17
(d) in the case of a leasehold strata scheme, the lessor of the strata scheme. 18
Note. An appeal under this section is an external appeal to the Tribunal for the 19
purposes of the Civil and Administrative Tribunal Act 2013. 20
(2) The only ground of appeal against the granting of an interim order is that the 21
Adjudicator acted unreasonably in making the order. 22
(3) An appeal must be lodged: 23
(a) in the case of an appeal against an order dismissing an application--not 24
later than 21 days after the order takes effect, or 25
(b) in the case of an appeal against any other order: 26
(i) not later than 21 days after the order takes effect, or 27
(ii) by leave of the Tribunal (given on sufficient cause being shown 28
why the notice was not lodged within the time limited by 29
paragraph (a))--not later than 90 days after the order takes effect. 30
(4) Section 41 of the Civil and Administrative Tribunal Act 2013 does not apply 31
in relation to the periods referred to in subsection (3). 32
[7] Section 178 How is an appeal made? 33
Omit the section. 34
[8] Section 179 Procedure after appeal is lodged 35
Omit the section. 36
[9] Section 180 Stay of operation of order 37
Omit the section. 38
[10] Section 186 Investigations and proceedings before the Tribunal 39
Omit the section. 40
Page 113
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[11] Section 192 Orders relating to costs 1
Omit the section. 2
[12] Section 193 Representation before the Tribunal 3
Omit the section. 4
[13] Section 194 Intervention by Director-General 5
Omit the section. 6
[14] Section 195 7
Omit the section. Insert instead: 8
195 Copy of order made by Tribunal to be displayed 9
(1) On receipt of a copy of the order made by the Tribunal, the owners corporation 10
must, unless the order otherwise provides: 11
(a) cause it to be prominently displayed, within 72 hours of its receipt and 12
for 14 days after that, on any notice board required to be maintained 13
under the by-laws, or 14
(b) if no notice board is required to be maintained under the by-laws, cause 15
a further copy of the order to be given to each person whose name 16
appears on the strata roll. 17
(2) Subsection (1) does not apply to an application for an order under Part 6 18
(Enforcement of orders of Adjudicators and Tribunal and certain notices). 19
[15] Section 196 Witness may be summoned before Tribunal 20
Omit the section. 21
[16] Section 197 Tribunal may administer oath 22
Omit the section. 23
[17] Section 198 Contempt of Tribunal 24
Omit the section. 25
[18] Chapter 5, Part 5, Division 3 Appeals against orders of Tribunal 26
Omit the Division. 27
[19] Section 219 Delegation of functions of Adjudicators 28
Omit the section. 29
[20] Chapter 6, Part 3 Proceedings before Tribunal 30
Omit the Part. 31
[21] Chapter 6, Part 4 Registrar 32
Omit the Part. 33
[22] Section 246 Regulations 34
Omit ", an Adjudicator or the Tribunal" from section 246 (2) (b). 35
Insert instead "or an Adjudicator". 36
Page 114
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[23] Section 246 (2) (e) 1
Omit "and the Tribunal". 2
[24] Dictionary 3
Omit the definitions of Deputy Registrar, Registrar and Tribunal from Part 1. 4
Insert in alphabetical order: 5
principal registrar means the principal registrar of the Tribunal. 6
Tribunal means the Civil and Administrative Tribunal. 7
4.42 Strata Schemes Management Regulation 2010 8
[1] Clause 20 Waiver and remission of fees 9
Omit "Registrar" wherever occurring in clause 20 (2). 10
Insert instead "principal registrar". 11
[2] Clause 22 Modification of applied provisions of Consumer, Trader and Tenancy 12
Tribunal Act 2001 and regulations 13
Omit the clause. 14
[3] Schedule 1 Fees 15
Omit "Registrar". Insert instead "principal registrar". 16
[4] Schedule 1, item 1 17
Omit "or the Tribunal". 18
[5] Schedule 1, items 3 and 4 19
Omit the items. 20
4.43 Sydney Water Act 1994 No 88 21
Section 58 Consumer claims 22
Omit "Consumer, Trader and Tenancy Tribunal". 23
Insert instead "Civil and Administrative Tribunal". 24
4.44 Travel Agents Act 1986 No 5 25
[1] Section 54 Secrecy 26
Omit section 54 (1) (g). Insert instead: 27
(g) a person employed under section 19 of the Consumer, Trader and 28
Tenancy Tribunal Act 2001 or a person employed as referred to in 29
section 22 of the Civil and Administrative Tribunal Act 2013. 30
[2] Section 57 Regulations 31
Omit "Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and 32
Tenancy Tribunal Act 2001" from section 57 (2) (d). 33
Insert instead "Tribunal". 34
Page 115
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Schedule 4 Amendment of legislation concerning Consumer, Trader and Tenancy Tribunal
[3] Section 57 (6) 1
Omit the subsection. Insert instead: 2
(6) The Minister is not to recommend the making of a regulation containing 3
provisions for the purposes of subsection (2) (d) unless the Minister certifies 4
that the Minister administering the Civil and Administrative Tribunal Act 2013 5
has agreed to the provisions. 6
4.45 Water Industry Competition Act 2006 No 104 7
Section 48 Review of decisions under approved ombudsman scheme 8
Omit "Consumer, Trader and Tenancy Tribunal" from section 48 (4). 9
Insert instead "Civil and Administrative Tribunal". 10
Page 116
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 5 Amendment of legislation concerning Guardianship Tribunal
Schedule 5 Amendment of legislation concerning 1
Guardianship Tribunal 2
5.1 Adoption Act 2000 No 75 3
[1] Section 162 Notification to person who lodged contact veto of request for 4
information 5
Omit "Guardianship Tribunal" from section 162 (2). 6
Insert instead "Civil and Administrative Tribunal". 7
[2] Section 164 Undertakings not to contact person who has lodged contact veto 8
Omit "Guardianship Tribunal" from section 164 (5). 9
Insert instead "Civil and Administrative Tribunal". 10
[3] Section 199 Entitlements of disabled persons 11
Omit "Guardianship Tribunal" from section 199 (2). 12
Insert instead "Civil and Administrative Tribunal". 13
5.2 Boarding Houses Regulation 2013 14
Schedule 1 Standards for authorised boarding houses 15
Omit "Guardianship Tribunal" from clause 23 (2). 16
Insert instead "Civil and Administrative Tribunal". 17
5.3 Child Protection (International Measures) Act 2006 No 12 18
[1] Section 5 Definitions 19
Omit "Guardianship Tribunal" from paragraph (f) of the definition of New South Wales 20
court in section 5 (1). 21
Insert instead "Civil and Administrative Tribunal". 22
[2] Section 5 (1), definition of "New South Wales personal protection measure relating 23
to a child" 24
Omit "Guardianship Tribunal" from item 4 of the note to the definition. 25
Insert instead "Civil and Administrative Tribunal". 26
5.4 Children and Young Persons (Care and Protection) Act 1998 No 157 27
[1] Section 175 Special medical treatment 28
Omit "Guardianship Tribunal" wherever occurring in section 175 (2) and (3). 29
Insert instead "Civil and Administrative Tribunal". 30
[2] Section 175 (4) 31
Omit the subsection. 32
[3] Section 175 (5), definition of "Guardianship Tribunal" 33
Omit the definition. 34
Page 117
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 5 Amendment of legislation concerning Guardianship Tribunal
5.5 Court Security Regulation 2011 1
Clause 4 Definition of "court" 2
Omit the clause. 3
5.6 Government Information (Public Access) Regulation 2009 4
Schedule 3 Agencies declared to be part of other agencies 5
Omit the matter relating to the Guardianship Tribunal. 6
5.7 Guardianship Act 1987 No 257 7
[1] Section 3 Definitions 8
Omit the definitions of community member, legal member, member category, officer, 9
professional member and Registrar from section 3 (1). 10
Insert in alphabetical order: 11
officer means a person employed under Chapter 1A of the Public Sector 12
Employment and Management Act 2002 in the Government Service to enable 13
the Tribunal to exercise its functions in the Guardianship Division of the 14
Tribunal. 15
[2] Section 3 (1), definition of "Tribunal" 16
Omit the definition. Insert instead: 17
Tribunal means the Civil and Administrative Tribunal. 18
[3] Section 3E Meaning of "close friend or relative" 19
Omit "President of the Tribunal" from section 3E (2). 20
Insert instead "Division Head of the Guardianship Division of the Tribunal". 21
[4] Section 3F Persons who are "parties" to proceedings under this Act 22
Omit "section 57A" wherever occurring. 23
Insert instead "section 44 of the Civil and Administrative Tribunal Act 2013". 24
[5] Part 3, Division 4 Assessment and review of guardianship orders 25
Insert after the Division heading: 26
Note. A review by the Tribunal under this Division of a guardianship order it has made 27
is not an internal appeal or an exercise of its administrative review jurisdiction for the 28
purposes of the Civil and Administrative Tribunal Act 2013. It is instead an exercise of 29
the Tribunal's general jurisdiction. 30
[6] Part 3A, Division 2 Review and revocation of financial management orders 31
Insert after the Division heading: 32
Note. A review by the Tribunal under this Division of a financial management order it 33
has made is not an internal appeal or an exercise of its administrative review 34
jurisdiction for the purposes of the Civil and Administrative Tribunal Act 2013. It is 35
instead an exercise of the Tribunal's general jurisdiction. 36
Page 118
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Schedule 5 Amendment of legislation concerning Guardianship Tribunal
[7] Part 3A, Division 3 Review of appointment of manager 1
Insert after the Division heading: 2
Note. A review by the Tribunal under this Division of an appointment of a manager is 3
not an internal appeal or an exercise of its administrative review jurisdiction for the 4
purposes of the Civil and Administrative Tribunal Act 2013. It is instead an exercise of 5
the Tribunal's general jurisdiction. 6
[8] Section 42 Applications to the Tribunal 7
Omit section 42 (4). 8
[9] Part 6 The Guardianship Tribunal 9
Omit the Part. 10
[10] Section 101 Disclosure of information 11
Insert "or the Civil and Administrative Tribunal Act 2013" after "this Act" wherever 12
occurring in section 101 (b) and (c). 13
[11] Section 108 Regulations 14
Omit section 108 (1) (c). 15
[12] Schedule 1 Provisions relating to the Tribunal 16
Omit the Schedule. 17
[13] Schedule 3 Savings and transitional provisions 18
Insert after clause 1: 19
1A References to Tribunal before establishment of NCAT 20
A reference to the Tribunal in a provision of this Schedule that was inserted 21
before the establishment day (within the meaning of the Civil and 22
Administrative Tribunal Act 2013) is a reference to the former Guardianship 23
Tribunal. 24
5.8 Guardianship Regulation 2010 25
Schedule 1 Forms 26
Omit "Guardianship Tribunal" wherever occurring. 27
Insert instead "Civil and Administrative Tribunal". 28
5.9 NSW Trustee and Guardian Act 2009 No 49 29
[1] Section 3 Definitions 30
Omit the definition of Guardianship Tribunal from section 3 (1). 31
[2] Section 56 General management functions 32
Omit "Guardianship Tribunal" from section 56 (b). 33
Insert instead "Civil and Administrative Tribunal". 34
[3] Section 64 Orders by Supreme Court and NSW Trustee as to management of estates 35
Omit "Guardianship Tribunal" from section 64 (4). 36
Insert instead "Civil and Administrative Tribunal". 37
Page 119
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Schedule 5 Amendment of legislation concerning Guardianship Tribunal
[4] Section 65 Orders by Supreme Court and NSW Trustee as to property 1
Omit "Guardianship Tribunal" from section 65 (4). 2
Insert instead "Civil and Administrative Tribunal". 3
[5] Section 66 NSW Trustee may authorise and direct functions of other managers 4
Omit "Guardianship Tribunal" from section 66 (3). 5
Insert instead "Civil and Administrative Tribunal". 6
[6] Section 67 Managers may execute documents 7
Omit "Guardianship Tribunal" from section 67 (1). 8
Insert instead "Civil and Administrative Tribunal". 9
[7] Section 68 Security may be required in respect of estate management 10
Omit "Guardianship Tribunal" wherever occurring in section 68 (1) and (4). 11
Insert instead "Civil and Administrative Tribunal". 12
[8] Section 69 Managers may lodge estate funds with NSW Trustee 13
Omit "Guardianship Tribunal". Insert instead "Civil and Administrative Tribunal". 14
[9] Section 85 Termination by revocation of orders 15
Omit "Guardianship Tribunal" from the note to the section. 16
Insert instead "Civil and Administrative Tribunal". 17
[10] Section 89 NSW Trustee may terminate management of protected persons or 18
patients 19
Omit "Guardianship Tribunal" from section 89 (3). 20
Insert instead "Civil and Administrative Tribunal". 21
[11] Section 97 NSW Trustee may continue to act after termination event occurs 22
Omit "Guardianship Tribunal" from section 97 (b). 23
Insert instead "Civil and Administrative Tribunal". 24
[12] Section 98 Estate to be handed over on termination of management 25
Omit "Guardianship Tribunal" from section 98 (1). 26
Insert instead "Civil and Administrative Tribunal". 27
5.10 Powers of Attorney Act 2003 No 53 28
[1] Section 3 Definitions 29
Omit the definition of Guardianship Tribunal from section 3 (1). 30
[2] Section 26 Review tribunals 31
Omit "Guardianship Tribunal" from section 26 (a). 32
Insert instead "Civil and Administrative Tribunal". 33
Page 120
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 5 Amendment of legislation concerning Guardianship Tribunal
[3] Section 27 Concurrent jurisdiction of review tribunals 1
Omit "Guardianship Tribunal" from section 27 (4). 2
Insert instead "Civil and Administrative Tribunal". 3
[4] Section 33 Reviewable powers of attorney 4
Omit "Guardianship Tribunal" wherever occurring in section 33 (2) and (3). 5
Insert instead "Civil and Administrative Tribunal". 6
[5] Section 34 Referral of application to different review tribunal 7
Omit "Guardianship Tribunal" wherever occurring in section 34 (1). 8
Insert instead "Civil and Administrative Tribunal". 9
[6] Section 37 Review tribunal may treat certain applications for review of power of 10
attorney as application for management order 11
Omit "Guardianship Tribunal" from section 37 (1). 12
Insert instead "Civil and Administrative Tribunal". 13
[7] Part 5, Division 5 Reference of questions of law 14
Omit the Division. 15
[8] Part 5, Division 6 Appeals from decisions of Guardianship Tribunal 16
Omit the Division. 17
[9] Section 42 Procedure where principal incommunicate 18
Omit section 42 (3). Insert instead: 19
(3) A reference to rules of court in subsection (1) includes a reference to the 20
procedural rules of the Civil and Administrative Tribunal (within the meaning 21
of the Civil and Administrative Tribunal Act 2013) in relation to proceedings 22
in that Tribunal brought under this Part. 23
[10] Section 50 Effect of management of estate 24
Omit "Guardianship Tribunal" wherever occurring in section 50 (4) and (5). 25
Insert instead "Civil and Administrative Tribunal". 26
5.11 Powers of Attorney Regulation 2011 27
[1] Clause 4A Prescribed forms for power of attorney 28
Insert at the end of clause 4A (2): 29
Note. References to the Guardianship Tribunal in the former Schedule 2 to the Act may 30
be replaced with references to the Civil and Administrative Tribunal. 31
[2] Schedule 2 Prescribed forms for power of attorney 32
Omit "Guardianship Tribunal" wherever occurring in Forms 1 and 2. 33
Insert instead "Civil and Administrative Tribunal". 34
Page 121
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 5 Amendment of legislation concerning Guardianship Tribunal
5.12 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 1
Schedule 3 Public offices 2
Omit the matter relating to the President and Deputy President of the Guardianship Tribunal 3
from Part 2. 4
Page 122
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
Schedule 6 Amendment of legislation concerning health 1
practitioner tribunals 2
6.1 Defamation Act 2005 No 77 3
[1] Schedule 1 Additional publications to which absolute privilege applies 4
Omit "Medical Tribunal" from clause 15 (1) (a) (vi). 5
Insert instead "Civil and Administrative Tribunal". 6
[2] Schedule 2 Additional kinds of public documents 7
Omit "Medical Tribunal" from clause 1 (1) (d). 8
Insert instead "Civil and Administrative Tribunal". 9
[3] Schedule 3 Additional proceedings of public concern 10
Omit "Medical Tribunal" from clause 7 (d). 11
Insert instead "Civil and Administrative Tribunal". 12
6.2 Government Information (Public Access) Regulation 2009 13
Schedule 3 Agencies declared to be part of other agencies 14
Omit the matter relating to the Chiropractors Tribunal, the Nurses and Midwives Tribunal 15
and the Osteopaths Tribunal. 16
6.3 Health Care Complaints Act 1993 No 105 17
Section 94C Protection from liability for certain publications 18
Omit paragraph (b) from the definition of protected person in section 94C (2). 19
Insert instead: 20
(b) a professional council or assessment committee established under the 21
Health Practitioner Regulation National Law (NSW) or a member of 22
any such council or committee, or 23
6.4 Health Practitioner Regulation (Adoption of National Law) Act 2009 24
No 86 25
[1] Section 6C Responsible tribunal for Health Practitioner Regulation National Law 26
Omit "Each Tribunal is declared to be a". 27
Insert instead "The Civil and Administrative Tribunal is declared to be the". 28
[2] Schedule 1 Modification of Health Practitioner Regulation National Law 29
Omit "each Tribunal is a" from the note in Schedule 1 [6]. 30
Insert instead "the Civil and Administrative Tribunal is the". 31
[3] Schedule 1 [8], section 41Q Executive Officer [NSW] 32
Omit section 41Q (3) (b). 33
Page 123
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
[4] Schedule 1 [13], section 138 Definitions [NSW] 1
Omit paragraph (a) from the definition of court in section 138 (1). Insert instead: 2
(a) the Tribunal; or 3
[5] Schedule 1 [13], section 138 (1), definition of "Tribunal" 4
Omit the definition. Insert instead: 5
Tribunal means the Civil and Administrative Tribunal. 6
[6] Schedule 1 [13], section 138 (1) 7
Insert in alphabetical order: 8
Tribunal List Manager means the List Manager of the Health Practitioner 9
Division List of the Occupational Division of the Tribunal. 10
[7] Schedule 1 [13], section 139B Meaning of "unsatisfactory professional conduct" of 11
registered health practitioner generally [NSW] 12
Omit "Tribunal" wherever occurring. Insert instead "the Tribunal". 13
[8] Schedule 1 [15], section 145B Courses of action available to Council on complaint 14
[NSW] 15
Omit "a Tribunal" from section 145B (1) (c). Insert instead "the Tribunal". 16
[9] Schedule 1 [15], section 145D Serious complaints must be referred to Tribunal [NSW] 17
Omit "for the health profession" from section 145D (1). 18
[10] Schedule 1 [15], sections 146D (3) and 148G (3) 19
Omit "the Chairperson of the Tribunal or to a Deputy Chairperson nominated by the 20
Chairperson" wherever occurring. 21
Insert instead "the Tribunal". 22
[11] Schedule 1 [15], sections 146D (4) and (6) and 148G (4) and (6) 23
Omit "Chairperson or Deputy Chairperson" wherever occurring. 24
Insert instead "Tribunal". 25
[12] Schedule 1 [15], section 146E Council may refer contravention of conditions to 26
Tribunal [NSW] 27
Omit "for the profession" from section 146E (1). 28
[13] Schedule 1 [15], section 147A Complaints that may be referred to Committee [NSW] 29
Omit "a Tribunal" from section 147A (1) (b). Insert instead "the Tribunal". 30
[14] Schedule 1 [15], section 149 Powers may be exercised if complaint proved or 31
admitted [NSW] 32
Omit "A Tribunal". Insert instead "The Tribunal". 33
[15] Schedule 1 [15], section 149C Tribunals may suspend or cancel registration in 34
certain cases [NSW] 35
Omit "A Tribunal" wherever occurring in section 149C (1) and (2). 36
Insert instead "The Tribunal". 37
Page 124
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
[16] Schedule 1 [15], section 149D Council may refer contravention of disciplinary order 1
to Tribunal [NSW] 2
Omit "for the profession" from section 149D (1). 3
[17] Schedule 1 [15], section 150 Suspension or conditions of registration to protect 4
public [NSW] 5
Omit "for the health profession for which the Council is established" from 6
section 150 (3) (a). 7
[18] Schedule 1 [15], section 150 (4) (b) 8
Omit "for the profession". 9
[19] Schedule 1 [15], section 150E Special provision--performance assessment [NSW] 10
Omit "a Committee or the Tribunal for the health profession" from section 150E (6). 11
Insert instead "a Committee for the health profession or the Tribunal". 12
[20] Schedule 1 [15], section 150G Ending suspension [NSW] 13
Omit "for the health profession" from section 150G (b). 14
[21] Schedule 1 [15], section 150H Duration of conditions--complaint matters [NSW] 15
Omit "for the health profession" from section 150H (3) (b). 16
[22] Schedule 1 [15], section 150I Duration of conditions--impairment matters [NSW] 17
Omit "for the health profession" from section 150I (9) (b). 18
[23] Schedule 1 [15], section 158 Appeals against decisions of Committee [NSW] 19
Omit "for the health profession" from section 158 (1). 20
[24] Schedule 1 [15], section 158 (1) (c) 21
Omit "the Chairperson or Deputy Chairperson of the Tribunal" from section 158 (1) (c). 22
Insert instead "the Tribunal List Manager". 23
[25] Schedule 1 [15], section 158 (1) 24
Insert at the end of the subsection: 25
Note. An appeal under this section is an external appeal to the Tribunal for the 26
purposes of the Civil and Administrative Tribunal Act 2013. 27
[26] Schedule 1 [15], section 158A Appeals on points of law [NSW] 28
Omit "to the Chairperson of the Tribunal or a Deputy Chairperson nominated by the 29
Chairperson" from section 158A (1). 30
Insert instead "to the Tribunal". 31
[27] Schedule 1 [15], section 158A (1) 32
Insert at the end of the subsection: 33
Note. An appeal under this section is an external appeal to the Tribunal for the 34
purposes of the Civil and Administrative Tribunal Act 2013. 35
[28] Schedule 1 [15], section 158A (4) 36
Omit "the Chairperson's or Deputy Chairperson's". Insert instead "the Tribunal's". 37
Page 125
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 6 Amendment of legislation concerning health practitioner tribunals
[29] Schedule 1 [15], section 159 Right of appeal [NSW] 1
Omit "A person may appeal to the Tribunal for a health profession" from section 159 (1). 2
Insert instead "A person may appeal to the Tribunal against any of the following decisions 3
of a Council for a health profession". 4
[30] Schedule 1 [15], section 159 (1) 5
Omit "; or" wherever occurring. Insert instead ";". 6
[31] Schedule 1 [15], section 159 (1) 7
Insert at the end of the subsection: 8
Note. An appeal under this section is an external appeal to the Tribunal for the 9
purposes of the Civil and Administrative Tribunal Act 2013. 10
[32] Schedule 1 [15], section 159A Appeal by student against order [NSW] 11
Omit "for a health profession" from section 159A (1). 12
[33] Schedule 1 [15], section 159A (1) 13
Insert at the end of the subsection: 14
Note. An appeal under this section is an external appeal to the Tribunal for the 15
purposes of the Civil and Administrative Tribunal Act 2013. 16
[34] Schedule 1 [15], section 159A (2) 17
Omit the subsection. 18
[35] Schedule 1 [15], section 159A (3) 19
Omit "Executive Officer". Insert instead "Tribunal". 20
[36] Schedule 1 [15], section 159B Appeals on point of law [NSW] 21
Omit "to the Chairperson or a Deputy Chairperson of the Tribunal for the health profession" 22
from section 159B (1). 23
Insert instead "to the Tribunal". 24
[37] Schedule 1 [15], section 159B (1) 25
Insert at the end of the subsection: 26
Note. An appeal under this section is an external appeal to the Tribunal for the 27
purposes of the Civil and Administrative Tribunal Act 2013. 28
[38] Schedule 1 [15], section 159C Tribunal's powers on appeal [NSW] 29
Omit "a Tribunal" and "A Tribunal's" wherever occurring. 30
Insert instead "the Tribunal" and "The Tribunal's", respectively. 31
[39] Schedule 1 [15], section 160A Appeals on points of law [NSW] 32
Omit "for the health profession in which the practitioner is registered" from 33
section 160A (1). 34
[40] Schedule 1 [15], section 160A (1) 35
Insert at the end of the subsection: 36
Note. An appeal under this section is an external appeal to the Tribunal for the 37
purposes of the Civil and Administrative Tribunal Act 2013. 38
Page 126
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
[41] Schedule 1 [15], section 161 When appeal must be made [NSW] 1
Omit "Executive Officer" from section 161 (b). Insert instead "Tribunal". 2
[42] Schedule 1 [15], section 161A Lodgment of appeal [NSW] 3
Omit the section. 4
[43] Schedule 1 [15], section 161B Appeal does not stay decision [NSW] 5
Omit "the Chairperson or a Deputy Chairperson of the Tribunal". 6
Insert instead "the Tribunal". 7
[44] Schedule 1 [15], Part 8, Division 7 8
Omit the Division. 9
[45] Schedule 1 [15], section 163 Appropriate review body [NSW] 10
Omit "Chairperson of the Tribunal" wherever occurring in section 163 (1). 11
Insert instead "Tribunal List Manager". 12
[46] Schedule 1 [15], section 163A Right of review [NSW] 13
Omit "a Tribunal" from section 163A (3) (b). Insert instead "the Tribunal". 14
[47] Schedule 1 [15], section 163A (4), definition of "decision-making entity" 15
Omit paragraphs (c) and (d) from the definition. Insert instead: 16
(c) an existing health practitioner tribunal (within the meaning of Part 2 of 17
Schedule 1 to the Civil and Administrative Tribunal Act 2013) or the 18
Chairperson or Deputy Chairperson of such a tribunal; 19
(d) the Tribunal or the Tribunal List Manager; 20
[48] Schedule 1 [15], Part 8, Division 10 21
Omit the Division. Insert instead: 22
Division 10 Constitution and proceedings of Tribunal 23
Subdivision 1 Interpretation 24
165 Definitions [NSW] 25
In this Division: 26
Division member means a Division member of the Occupational Division of 27
the Tribunal. 28
medical practitioner proceedings means proceedings involving a health 29
practitioner who practises in the medical profession or a student of that 30
profession. 31
senior judicial officer means a person who is: 32
(a) a Judge of the Supreme Court (or a Judge or other person having the 33
same status as a Judge of the Supreme Court), or 34
(b) a Judge of the District Court. 35
165A Relationship with NCAT Act [NSW] 36
The provisions of this Division are intended to apply despite anything to the 37
contrary in the Civil and Administrative Tribunal Act 2013. 38
Page 127
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
Subdivision 2 Constitution of Tribunal 1
165B Constitution of Tribunal for complaints, applications and appeals [NSW] 2
(1) If a complaint is referred to the Tribunal or an application or appeal is made to 3
the Tribunal under this Law-- 4
(a) the Tribunal must inform the Council for the health profession of the 5
referral, application or appeal; and 6
(b) the Council for the health profession must select 3 persons (whether or 7
not they are currently Division members) to sit as members of the 8
Tribunal in the proceedings. 9
Note. Schedule 5 to the Civil and Administrative Tribunal Act 2013 provides the 10
President must appoint a person as an occasional member for particular proceedings 11
entered in the Health Practitioner Division List if that person has been selected for 12
participation in the proceedings in accordance with any applicable procedures 13
specified by or under this Law. If a person selected under subsection (1) (b) is not 14
already a Division member, the President will be required to appoint the person as an 15
occasional member in relation to the proceedings. 16
(2) Except as provided by subsections (4) and (5), the Tribunal, when conducting 17
an inquiry or hearing an appeal under this Law, is to be constituted by-- 18
(a) 1 Division member who is an Australian lawyer of at least 7 years' 19
standing or, in the case of medical practitioner proceedings, 1 Division 20
member who is a senior judicial officer; and 21
(b) 2 health practitioners selected for appointment by the Council as 22
occasional members under subsection (1) (b) who are registered in the 23
same health profession as the health practitioner or student the subject 24
of the inquiry or appeal; and 25
(c) 1 lay person (that is, a person who is not registered in the health 26
profession) selected for appointment by the Council as an occasional 27
member under subsection (1) (b) from among a panel of lay persons for 28
the time being nominated by the Minister. 29
(3) If the health profession has divisions, at least one and, if practicable, both, of 30
the health practitioners referred to in subsection (2) (b) must be registered in 31
the same division of the health profession as the health practitioner or student 32
the subject of the inquiry or hearing. 33
(4) The Tribunal, when constituted to hear appeals under this Law that are 34
restricted to points of law, is to be constituted by-- 35
(a) in the case of medical practitioner proceedings, 1 Division member who 36
is a senior judicial officer; or 37
(b) in any other case, 1 Division member who is an Australian lawyer of at 38
least 7 years' standing. 39
(5) The Tribunal, when constituted to exercise a function under section 146D or 40
148G, is to be constituted by a Division member selected by the Tribunal List 41
Manager. 42
(6) A person is not to be selected to sit on the Tribunal if the person is a member 43
of the Council. 44
(7) An inquiry or appeal conducted or heard by the Tribunal under this Law may 45
relate to more than one health practitioner or student if the complaint or 46
complaints the subject of the inquiry or appeal arise from the same conduct. 47
Page 128
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
165C Effect of vacancy on Tribunal [NSW] 1
(1) If one of the members (other than the presiding member) constituting the 2
Tribunal for the purpose of conducting a hearing under this Law vacates office 3
for any reason before an inquiry or appeal is completed or a decision is made 4
in respect of an inquiry or appeal, the inquiry or appeal may be continued and 5
a determination made by the remaining members of the Tribunal. 6
(2) If more than one of the members vacate office, or the presiding member 7
vacates office, for any reason before the Tribunal has completed an inquiry or 8
appeal or made a determination in respect of an inquiry or appeal, the inquiry 9
or appeal is terminated. 10
(3) When an inquiry or appeal is terminated, the Tribunal may be reconstituted in 11
accordance with this Division for the purposes of conducting a new inquiry or 12
appeal in respect of the matter concerned. 13
(4) In this section: 14
presiding member means the member referred to in section 165B (2) (a). 15
Subdivision 3 Proceedings of Tribunal [NSW] 16
165D Joinder of complaints [NSW] 17
The Tribunal may, subject the rules of procedural fairness, order the joinder of 18
more than one complaint against the same or different health practitioners in 19
proceedings. 20
165E Time when orders take effect [NSW] 21
An order of the Tribunal under this Law takes effect on-- 22
(a) the day on which the order is made; or 23
(b) the later day specified in the order. 24
165F Powers of Tribunal exercised by Supreme Court [NSW] 25
A power of the Tribunal exercised under this Law by the Supreme Court is, 26
except for the purposes of an appeal, taken to have been exercised by the 27
Tribunal. 28
165G Executive Officer to be informed of disciplinary action [NSW] 29
The Tribunal must inform the Executive Officer of the Council for a health 30
profession of the exercise of any power under this Part by the Tribunal in 31
relation to that profession. 32
Subdivision 4 Inquiries and appeals before Tribunal [NSW] 33
165H No inquiry required if complaint admitted [NSW] 34
No inquiry need be conducted into a complaint referred to the Tribunal under 35
this Law if the registered health practitioner or student who is the subject of 36
the complaint admits the subject-matter of the complaint in writing to the 37
Tribunal. 38
Page 129
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 6 Amendment of legislation concerning health practitioner tribunals
165I Notice of time and place of inquiry or appeal [NSW] 1
The Tribunal must give not less than 14 days' notice of an inquiry or appeal 2
under this Law to each of the following-- 3
(a) the registered health practitioner or student the subject of the inquiry or 4
appeal; 5
(b) the Council for the health profession; 6
(c) the National Board for the health profession; 7
(d) for an inquiry into a complaint, the Commission; 8
(e) the Chairperson of the relevant Committee, if appropriate. 9
165J Representation before Tribunal [NSW] 10
(1) At an inquiry conducted or appeal heard under this Law by the Tribunal, the 11
registered health practitioner or student and any complainant concerned are 12
entitled to attend and to be represented by-- 13
(a) an Australian legal practitioner; or 14
(b) with the leave of the member presiding, another adviser. 15
(2) The Tribunal may grant leave for another person to appear (whether in person 16
or by an Australian legal practitioner or another adviser) at an inquiry or 17
appeal if the Tribunal is satisfied that it is appropriate for the person to appear. 18
(3) This section does not prevent the Tribunal from proceeding in the absence of 19
the registered health practitioner or student concerned, as long as the 20
practitioner or student has been given notice of the inquiry or appeal. 21
165K When hearings may be closed to public [NSW] 22
Despite section 49 (2) of the Civil and Administrative Tribunal Act 2013, the 23
Tribunal may make an order that a hearing for proceedings under this Law be 24
conducted wholly or partly in private only if it is satisfied that it is desirable to 25
do so in the public interest for reasons connected with the subject-matter of the 26
proceedings or the nature of the evidence to be given. 27
165L Interlocutory orders [NSW] 28
(1) The Tribunal may, during any proceedings under this Law, exercise any power 29
or combination of powers conferred on the Tribunal by section 149A, except 30
the power to caution or reprimand. 31
(2) The Tribunal may, in respect of an appeal under section 159B, make an order 32
staying the decision of the Council appealed against until the appeal has been 33
disposed of. 34
165M Tribunal to provide details of decisions [NSW] 35
(1) As soon as practicable after making a decision on an inquiry or an appeal under 36
this Law (bearing in mind the public welfare and seriousness of the matter), 37
the Tribunal must give a written statement of the decision to-- 38
(a) the parties; and 39
(b) the Council for the health profession in which the practitioner or student 40
is registered (regardless of whether it is a party). 41
(2) The statement of a decision must-- 42
(a) set out any findings on material questions of fact; and 43
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 6 Amendment of legislation concerning health practitioner tribunals
(b) refer to any evidence or other material on which the findings were 1
based; and 2
(c) give the reasons for the decision. 3
(3) The Tribunal may also provide the statement of a decision to the persons the 4
Tribunal thinks fit. 5
(4) Unless the Tribunal has ordered otherwise, the Tribunal is to make publicly 6
available a statement of a decision given by it under this section if the decision 7
is in respect of a complaint that has been proved or admitted in whole or in 8
part. 9
[49] Schedule 1 [15], section 171D Committee must refer certain matters to Tribunal 10
[NSW] 11
Omit section 171D (4). 12
[50] Schedule 1 [15], section 175 Appellable decisions [NSW] 13
Insert at the end of section 175 (1): 14
Note. An appeal under this section to the Tribunal in its capacity as an appropriate 15
responsible tribunal is an external appeal to the Tribunal for the purposes of the Civil 16
and Administrative Tribunal Act 2013. 17
[51] Schedule 1 [15], section 176C Adjudication body to consider impact of decision on 18
third parties [NSW] 19
Omit "a Tribunal" from paragraph (d) of the definition of adjudication body in 20
section 176C (4). 21
Insert instead "the Tribunal". 22
[52] Schedule 1 [15], section 176E Protection from liability for certain publications [NSW] 23
Omit ", a Panel or a Tribunal" wherever occurring. Insert instead "or a Panel". 24
[53] Schedule 1 [25], Schedule 5A Savings and transitional provisions [NSW] 25
Insert at the end of clause 1 (1): 26
any Act that amends this Law 27
[54] Schedule 1 [25], Schedule 5D, heading 28
Omit "Tribunals". Insert instead "the Tribunal". 29
[55] Schedule 1 [25], Schedule 5D, clause 1 30
Insert at the end of the clause: 31
(2) A reference in this Schedule (however expressed) to proceedings before the 32
Tribunal is a reference to proceedings before the Tribunal under this Law. 33
[56] Schedule 1 [25], Schedule 5D, clauses 2, 4-7, 9-12 34
Omit "Tribunal" wherever occurring (except in clause headings). 35
Insert instead "the Tribunal". 36
[57] Schedule 1 [25], Schedule 5D, clause 3 37
Omit "or Tribunal" wherever occurring in clause 3 (1) and (3). 38
Page 131
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Schedule 6 Amendment of legislation concerning health practitioner tribunals
[58] Schedule 1 [25], Schedule 5D, clause 3 (1) 1
Insert at the end of the subclause: 2
Note. See sections 46, 47 and 48 of the Civil and Administrative Tribunal Act 2013 3
concerning the powers of the Tribunal with respect to witnesses and evidence. 4
[59] Schedule 1 [25], Schedule 5D, clause 3 (4) 5
Omit "Committee or Tribunal proceedings" and "member of the Committee or Tribunal". 6
Insert instead "Committee" and "member of the Committee", respectively. 7
[60] Schedule 1 [25], Schedule 5D, clause 4 8
Insert after clause 4 (2): 9
(3) The power conferred by this clause is in addition to any other power conferred 10
on the Tribunal by the Civil and Administrative Tribunal Act 2013 with respect 11
to the provision of documents. 12
[61] Schedule 1 [25], Schedule 5D, clause 5 13
Insert after clause 5 (2): 14
(3) The power conferred by this clause is in addition to any other power conferred 15
on the Tribunal by the Civil and Administrative Tribunal Act 2013 with respect 16
to the use of evidence. 17
[62] Schedule 1 [25], Schedule 5D, clause 8 18
Omit the clause. Insert instead: 19
8 Authentication of documents by Committee [NSW] 20
Every document requiring authentication by a Committee may be sufficiently 21
authenticated if signed by the Chairperson of that Committee or by a member 22
of that Committee. 23
Note. See section 87 (Authentication of documents) of the Civil and Administrative 24
Tribunal Act 2013 in relation to the Tribunal. 25
[63] Schedule 1 [25], Schedule 5D, clause 12 (3) 26
Omit the subclause. Insert instead: 27
(3) The power conferred on a Committee or the Tribunal by this clause may be 28
exercised by the Chairperson of the Committee or the member of the Tribunal 29
presiding and, if exercised by the Chairperson or member, is taken to have 30
been exercised by the Committee or the Tribunal. 31
[64] Schedule 1 [25], Schedule 5D, clause 13 (1) 32
Omit "A Tribunal". Insert instead "The Tribunal". 33
[65] Schedule 1 [25], Schedule 5D, clause 13 34
Insert after clause 13 (3): 35
(4) This clause applies instead of section 60 (Costs) of the Civil and 36
Administrative Tribunal Act 2013. 37
Page 132
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 6 Amendment of legislation concerning health practitioner tribunals
6.5 Health Practitioner Regulation (New South Wales) Regulation 2010 1
Clause 23 Right of review of conditions imposed by Council or former Board on 2
registration 3
Omit "a Tribunal" from clause 23 (2) (b). Insert instead "the Tribunal". 4
Page 133
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 7 Amendment of legislation concerning Local Government Pecuniary Interest and Disciplinary
Tribunal
Schedule 7 Amendment of legislation concerning Local 1
Government Pecuniary Interest and Disciplinary 2
Tribunal 3
7.1 Defamation Act 2005 No 77 4
[1] Schedule 1 Additional publications to which absolute privilege applies 5
Omit clause 29. 6
[2] Schedule 2 Additional kinds of public documents 7
Omit clause 4. 8
[3] Schedule 3 Additional proceedings of public concern 9
Omit clause 14. 10
7.2 Government Information (Public Access) Regulation 2009 11
Schedule 3 Agencies declared to be part of other agencies 12
Omit the matter relating to the Local Government Pecuniary Interest and Disciplinary 13
Tribunal. 14
7.3 Local Government Act 1993 No 30 15
[1] Section 329 Can the holder of a civic office be dismissed? 16
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 329 (5). 17
Insert instead "Civil and Administrative Tribunal". 18
[2] Chapter 14 Honesty and disclosure of interests 19
Omit the following from the Introduction to the Chapter: 20
The Chapter also establishes the Local Government Pecuniary Interest and 21
Disciplinary Tribunal. 22
The Tribunal is empowered to conduct hearings into complaints and to take 23
disciplinary action against a person if a complaint against the person is found 24
to be proved. 25
Insert instead: 26
The Chapter also empowers the Civil and Administrative Tribunal to conduct 27
hearings into complaints and to take disciplinary action against a person if a 28
complaint against the person is found to be proved. 29
[3] Section 440J Alternatives to disciplinary action by the Director-General 30
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 440J (2) (b). 31
Insert instead "Civil and Administrative Tribunal". 32
[4] Section 440L Appeals against disciplinary action 33
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 440L (1). 34
Insert instead "Civil and Administrative Tribunal". 35
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Schedule 7 Amendment of legislation concerning Local Government Pecuniary Interest and Disciplinary
Tribunal
[5] Section 440L (1) 1
Insert at the end of the subsection: 2
Note. An appeal under this section is an external appeal to the Tribunal for the 3
purposes of the Civil and Administrative Tribunal Act 2013. 4
[6] Section 440L (7) 5
Omit the subsection. 6
[7] Section 440N Investigation of former councillors 7
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 440N (3). 8
Insert instead "Civil and Administrative Tribunal". 9
[8] Section 465 NCAT to be notified of investigations 10
Omit "Pecuniary Interest and Disciplinary Tribunal". 11
Insert instead "Civil and Administrative Tribunal". 12
[9] Section 468 Presentation of reports to NCAT 13
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 14
Insert instead "Civil and Administrative Tribunal". 15
[10] Chapter 14, Part 3, Division 2, heading 16
Omit "the Pecuniary Interest and Disciplinary Tribunal". Insert instead "NCAT". 17
[11] Section 469 NCAT to decide whether or not to conduct proceedings into a complaint 18
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring in section 469 (1) 19
and (2). 20
Insert instead "Civil and Administrative Tribunal". 21
[12] Section 469 (3) 22
Omit the subsection. 23
[13] Section 470 Circumstances in which NCAT may dispense with hearing 24
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 470 (1). 25
Insert instead "Civil and Administrative Tribunal". 26
[14] Section 470 (2) 27
Omit the subsection (including the note). 28
[15] Chapter 14, Part 3, Division 3, heading 29
Omit "the Pecuniary Interest and Disciplinary Tribunal". Insert instead "NCAT". 30
[16] Section 470A NCAT to decide whether or not to conduct proceedings into a referred 31
matter relating to misbehaviour 32
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring in 33
section 470A (1) and (2). 34
Insert instead "Civil and Administrative Tribunal". 35
Page 135
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 7 Amendment of legislation concerning Local Government Pecuniary Interest and Disciplinary
Tribunal
[17] Section 470A (3) 1
Omit the subsection. 2
[18] Section 470B Circumstances in which NCAT may dispense with hearing 3
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 470B (1). 4
Insert instead "Civil and Administrative Tribunal". 5
[19] Section 470B (2) 6
Omit the subsection. 7
[20] Chapter 14, Part 3, Division 4, heading 8
Omit "the Pecuniary Interest and Disciplinary Tribunal". Insert instead "NCAT". 9
[21] Section 471 General conduct of proceedings 10
Omit the section. 11
[22] Section 472 Private and public hearings 12
Omit the section. 13
[23] Section 473 Representation at hearings 14
Omit the section. 15
[24] Section 474 Presentation of cases at hearings 16
Omit the section. 17
[25] Section 475 Power to summon witnesses and take evidence at hearings 18
Omit the section. 19
[26] Section 476 Power to obtain documents 20
Omit the section. 21
[27] Section 477 Privilege concerning answers and documents 22
Omit the section. 23
[28] Section 478 Additional complaints 24
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 25
Insert instead "Civil and Administrative Tribunal". 26
[29] Section 479 Adjournments 27
Omit the section. 28
[30] Section 480 Release of information 29
Omit the section. 30
[31] Section 481 Witnesses' expenses 31
Omit the section. 32
Page 136
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 7 Amendment of legislation concerning Local Government Pecuniary Interest and Disciplinary
Tribunal
[32] Section 482 Decision of NCAT--pecuniary interest matters 1
Omit "Pecuniary Interest and Disciplinary Tribunal" wherever occurring. 2
Insert instead "Civil and Administrative Tribunal". 3
[33] Section 482A Decision of NCAT--misconduct matters 4
Omit "Pecuniary Interest and Disciplinary Tribunal" from section 482A (1). 5
Insert instead "Civil and Administrative Tribunal". 6
[34] Section 483 Standard of proof 7
Omit the section. 8
[35] Section 484 Pecuniary Interest and Disciplinary Tribunal to provide details of its 9
decisions 10
Omit the section. 11
[36] Section 485 Appeals to Supreme Court 12
Omit the section. 13
[37] Section 486 Referral of matters by NCAT 14
Omit "Pecuniary Interest and Disciplinary Tribunal may refer a matter before it". 15
Insert instead "Civil and Administrative Tribunal may refer a matter before it under this 16
Act". 17
[38] Section 486A 18
Omit the section. Insert instead: 19
486A Exclusive jurisdiction of NCAT over Part 2 contraventions 20
(1) The Civil and Administrative Tribunal has exclusive jurisdiction at first 21
instance to decide allegations of contraventions of Part 2 of this Chapter. 22
(2) Accordingly, proceedings at first instance to decide allegations of 23
contraventions of Part 2 of this Chapter may not be brought before, or 24
entertained by, any other tribunal or any court. 25
[39] Chapter 14, Part 3, Division 4, note 26
Omit the note at the end of the Division. 27
[40] Chapter 14, Part 4 Local Government Pecuniary Interest and Disciplinary Tribunal 28
Omit the Part. 29
[41] Section 673 Remedy or restraint of breaches of this Act--the Minister, the 30
Director-General and councils 31
Omit the note at the end of the section. Insert instead: 32
Note. Section 486A confers exclusive jurisdiction on the Civil and Administrative 33
Tribunal to deal with such a matter at first instance. 34
[42] Section 674 Remedy or restraint of breaches of this Act--other persons 35
Omit the note to section 674 (4). Insert instead: 36
Note. Section 486A confers exclusive jurisdiction on the Civil and Administrative 37
Tribunal to deal with such a matter at first instance. 38
Page 137
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 7 Amendment of legislation concerning Local Government Pecuniary Interest and Disciplinary
Tribunal
[43] Section 674 (5), note 1
Omit the note. 2
[44] Schedule 4 Local Government Pecuniary Interest and Disciplinary Tribunal 3
Omit the Schedule. 4
[45] Dictionary 5
Omit the definition of Pecuniary Interest and Disciplinary Tribunal. 6
7.4 Local Government (General) Regulation 2005 7
[1] Part 8, Division 5 Appeals against suspension 8
Omit the Division. 9
[2] Schedule 3A Form of special disclosure of pecuniary interest 10
Omit "Local Government Pecuniary Interest and Disciplinary Tribunal". 11
Insert instead "Civil and Administrative Tribunal". 12
Page 138
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
Schedule 8 Amendment of legislation concerning local land 1
boards 2
8.1 Agricultural Industry Services Act 1998 No 45 3
[1] Section 3 Definitions 4
Omit the definition of local land board. 5
[2] Section 42 Appeals 6
Omit "local land board" wherever occurring in section 42 (1) and (2). 7
Insert instead "Civil and Administrative Tribunal". 8
[3] Section 42 (1) 9
Insert at the end of section 42 (1): 10
Note. An appeal under this section is an external appeal to the Tribunal for the 11
purposes of the Civil and Administrative Tribunal Act 2013. 12
[4] Section 42 (3) 13
Omit the subsection. 14
8.2 Australian Oil Refining Agreements Act 1954 No 34 15
[1] Section 7 Determination of rental by Director-General 16
Omit section 7 (1) and (2). Insert instead: 17
(1) The Director-General is to determine the annual rental under clause 21 (d) of 18
the Agreement. 19
(2) In determining the annual rent: 20
(a) the Director-General has and may exercise all of the functions that a 21
local land board could have exercised under this section and the 22
Agreement immediately before the substitution of this section by the 23
Civil and Administrative Legislation (Repeal and Amendment) Act 24
2013, and 25
(b) the Director-General's decision is taken to have the same effect for the 26
purposes of the Agreement as a decision of a local land board would 27
have had immediately before that substitution. 28
(2A) For the avoidance of doubt, the substitution of this section (or a determination 29
of annual rent as provided for by this section) does not constitute a breach of 30
the Agreement. 31
[2] Section 7 (3) 32
Omit "said board". Insert instead "Director-General". 33
[3] Section 7 (4) 34
Omit the subsection. Insert instead: 35
(4) In this section: 36
Director-General has the same meaning as in the Crown Lands Act 1989. 37
Page 139
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
8.3 Commons Management Act 1989 No 13 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
Director-General has the same meaning as in the Crown Lands Act 1989. 4
[2] Section 3 (1), definition of "local land board" 5
Omit the definition. 6
[3] Section 11 Appeals against refusal of a trust to enter a person's name on the 7
commoners' roll 8
Omit section 11 (1). Insert instead: 9
(1) If a trust has notified a person in accordance with section 10 (4) of its refusal 10
of the person's application for enrolment, the person may, within the period of 11
28 days following the date on which the person receives written notice of the 12
trust's refusal of the application, appeal against the refusal to the Civil and 13
Administrative Tribunal. 14
Note. An appeal under this section is an external appeal to the Tribunal for the 15
purposes of the Civil and Administrative Tribunal Act 2013. 16
[4] Section 11 (2) and (5) 17
Omit the subsections. 18
[5] Section 11 (4) 19
Omit "local land board". Insert instead "Civil and Administrative Tribunal". 20
[6] Section 51 Powers of the Minister with respect to complaints lodged under s 50 21
Omit section 51 (1) (b). Insert instead: 22
(b) refer the complaint for inquiry and report to the Director-General. 23
[7] Section 51 (3) 24
Omit the subsection. 25
[8] Section 52 26
Omit the section. Insert instead: 27
52 Duty of Director-General to inquire into a complaint referred under s 51 (1) (b) 28
(1) As soon as practicable after a complaint is referred to the Director-General in 29
accordance with section 51 (1) (b), the Director-General must inquire into the 30
complaint. 31
(2) When the inquiry is completed, the Director-General must report his or her 32
findings in writing to the Minister. 33
[9] Section 53 Determination of the Minister with respect to a complaint lodged under 34
section 50 35
Omit "a local land board" from section 53 (1). Insert instead "the Director-General". 36
Page 140
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[10] Schedule 2 Provisions relating to the members of a trust board 1
Omit clause 3 (3) (c). Insert instead: 2
(c) being knowingly concerned in a failure of a trust to comply with: 3
(i) an order of a former local land board given under section 11 (4) 4
before its amendment by the Civil and Administrative Legislation 5
(Repeal and Amendment) Act 2013, or 6
(ii) an order of the Civil and Administrative Tribunal in an appeal 7
under section 11, or 8
(iii) a direction given by the Minister under section 21, 9
[11] Schedule 2, clause 3 (6) and (7) 10
Omit "the local land board" and "its findings" wherever occurring. 11
Insert instead "the Director-General" and "his or her findings", respectively. 12
8.4 Commons Management Regulation 2006 13
[1] Clause 11 Appeal to local land board against refusal of application 14
Omit the clause. 15
[2] Clause 33 Inquiries into affairs of trust 16
Omit "the local land board constituted for the land district in which the common concerned 17
is located". 18
Insert instead "the Director-General". 19
[3] Schedule 2 Fees 20
Omit the matter relating to a notice of appeal to a local land board. 21
8.5 Crown Lands Act 1989 No 6 22
[1] Section 3 Definitions 23
Omit the definition of local land board from section 3 (1). 24
[2] Part 2, Division 2 25
Omit the Division. Insert instead: 26
Division 2 Director-General 27
19 References by Minister to Director-General 28
(1) The Minister may refer to the Director-General for inquiry or report: 29
(a) any matter arising out of the administration of this Act, or of any other 30
Act dealing with the administration of Crown land, or 31
(b) any other matter prescribed by the regulations. 32
(2) The Director-General must inquire into a matter referred to him or her under 33
this section. 34
(3) When the inquiry is completed, the Director-General must report his or her 35
findings in writing to the Minister. 36
Page 141
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
(4) The Director-General may delegate to a member of staff (or a group of staff 1
members) of the Department: 2
(a) the Director-General's functions under this section (other than this 3
power of delegation), or 4
(b) the Director-General's functions under another provision of this Act or 5
another Act to inquire or report to a Minister on a matter. 6
[3] Part 2, Division 3 Appeals and references to the Land and Environment Court 7
Omit the Division. 8
[4] Section 69 Application for direction to erect gates etc 9
Omit the section. 10
[5] Section 70 Minister may direct erection of gates etc 11
Omit section 70 (1). Insert instead: 12
(1) After an enclosure permit has been granted, the Minister may, on the 13
application of any person, direct: 14
(a) that such gates or other means of access, or both, as the Minister 15
considers necessary be erected, provided, made or replaced so as not to 16
interfere unnecessarily with any traffic on the road, or 17
(b) that any fence, gate or other structure (or part of or thing attached to a 18
fence, gate or other structure) by which the road or watercourse is 19
enclosed be removed or replaced as specified in the direction. 20
[6] Section 70 (3) 21
Insert "(and subject to any interlocutory order of the Civil and Administrative Tribunal)" 22
after "sooner revoked". 23
[7] Section 70 (3) (b) 24
Omit "or board's". 25
[8] Section 70 (5) 26
Insert at the end of section 70: 27
(5) A person may apply to the Civil and Administrative Tribunal for an 28
administrative review under the Administrative Decisions Review Act 1997 of 29
any of the following decisions: 30
(a) a decision of the Minister refusing to give a direction under this section 31
on the application of the person, 32
(b) a decision of the Minister to give a direction under this section in respect 33
of land for which the person has an enclosure permit. 34
[9] Section 71 Objections to Minister's direction 35
Omit the section. 36
[10] Section 138E Consultation in relation to transfer or vesting of land 37
Omit "a local land board" from section 138E (1) (c). Insert instead "the Director-General". 38
[11] Section 138E (3) 39
Omit "any local land board report". Insert instead "any report of the Director-General". 40
Page 142
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[12] Section 142 Objections and appeals against determinations or redeterminations of 1
rent 2
Omit "the local land board" wherever occurring in section 142 (5) (a) and (6). 3
Insert instead "the Civil and Administrative Tribunal". 4
[13] Section 142 (5) 5
Insert at the end of the subsection: 6
Note. An appeal to the Civil and Administrative Tribunal under this subsection is an 7
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 8
Act 2013. 9
[14] Section 143 Determination or redetermination of rent--principles 10
Omit "the local land board" wherever occurring in section 143 (1) and (3). 11
Insert instead "the Civil and Administrative Tribunal". 12
[15] Section 184 Regulations 13
Omit section 184 (1) (i). 14
[16] Schedule 1 Members of local land boards 15
Omit the Schedule. 16
[17] Schedule 2 Powers and procedures of local land boards 17
Omit the Schedule. 18
[18] Schedule 8 Savings, transitional and other provisions 19
Insert at the end of the Schedule with appropriate Part and clause numbering: 20
Part Provisions consequent on enactment of Civil and 21
Administrative Legislation (Repeal and 22
Amendment) Act 2013 23
Functions of local land board transferred to Director-General 24
(1) This clause applies to any function: 25
(a) that, immediately before the establishment day, was conferred or 26
imposed on a local land board, and 27
(b) that will be conferred or imposed on the Director-General on and from 28
the establishment day (rather than the Civil and Administrative 29
Tribunal) because of an amendment made to an Act or statutory rule by 30
the amending Act. 31
Note. The adjudicative functions of the local land boards will be transferred to the Civil 32
and Administrative Tribunal. See Part 2 of Schedule 1 to the Civil and Administrative 33
Tribunal Act 2013. 34
(2) If a local land board had commenced to exercise (but had not completed 35
exercising) a function to which this clause applies before its abolition, the 36
member or members of the former local land board involved in exercising that 37
function may complete the exercise of that function despite the board's 38
abolition. 39
(3) Any such function may be exercised as if the Civil and Administrative 40
Tribunal Act 2013 and amending Act had not been enacted. 41
Page 143
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
(4) In this clause: 1
amending Act means the Civil and Administrative Legislation (Repeal and 2
Amendment) Act 2013. 3
establishment day has the same meaning as in the Civil and Administrative 4
Tribunal Act 2013. 5
8.6 Crown Lands (Continued Tenures) Act 1989 No 7 6
[1] Schedule 5 Rent etc 7
Omit "local land board" wherever occurring in clause 11 (3) (a) and (4). 8
Insert instead "Civil and Administrative Tribunal". 9
[2] Schedule 5, clause 11 (3) 10
Insert at the end of the subclause: 11
Note. An appeal to the Civil and Administrative Tribunal under this subclause is an 12
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 13
Act 2013. 14
[3] Schedule 5, clause 12 15
Omit "the local land board" wherever occurring. 16
Insert instead "the Civil and Administrative Tribunal". 17
[4] Schedule 7 Purchase of land held under lease 18
Omit "the local land board" from clause 1 (3) (b) in Part 1. 19
Insert instead "the Civil and Administrative Tribunal". 20
[5] Schedule 7, Part 1, clause 3 (3), (5) and (6) and 10 (4) and (5) 21
Omit "local land board" wherever occurring. 22
Insert instead "Civil and Administrative Tribunal". 23
[6] Schedule 7, Part 1, clause 3 (3) 24
Insert at the end of the subclause: 25
Note. An appeal to the Civil and Administrative Tribunal under this subclause is an 26
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 27
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 28
the Land and Environment Court under Schedule 1 to that Act. 29
[7] Schedule 7, Part 1, clause 3 (6) 30
Omit "or, on appeal, of the Land and Environment Court". 31
[8] Schedule 7, Part 1, clause 10 (4) 32
Insert at the end of the subclause: 33
Note. An appeal to the Civil and Administrative Tribunal under this subclause is an 34
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 35
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 36
the Land and Environment Court under Schedule 1 to that Act. 37
[9] Schedule 7, Part 2, clauses 1 (3) (b) and 10 (4) and (5) 38
Omit "local land board" wherever occurring. 39
Insert instead "Civil and Administrative Tribunal". 40
Page 144
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[10] Schedule 7, Part 2, clause 10 (4) 1
Insert at the end of the subclause: 2
Note. An appeal to the Civil and Administrative Tribunal under this subclause is an 3
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 4
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 5
the Land and Environment Court under Schedule 1 to that Act. 6
8.7 Crown Lands (Continued Tenures) Regulation 2006 7
[1] Clause 8 Appeals against Minister's determination under condition of special lease 8
or permissive occupancy 9
Omit the clause. 10
[2] Clause 13 Objections to, and appeals against, determinations or redeterminations 11
Omit clause 13 (2) and (3). 12
[3] Schedule 1 Fees and deposits 13
Omit items 2 and 8. 14
8.8 Crown Lands Regulation 2006 15
[1] Clause 10 Inquiry and report by Director-General 16
Omit "For the purposes of section 22 (1) (b) of the Act, the Minister may refer any of the 17
following matters to a local land board or a Chairperson sitting alone" from clause 10 (1). 18
Insert instead "For the purposes of section 19 (1) (b) of the Act, the Minister may refer any 19
of the following matters to the Director-General". 20
[2] Clause 11 Registrar of Local Land Boards 21
Omit the clause. 22
[3] Clause 12 Registrar to bring matters before board 23
Omit the clause. 24
[4] Clause 13 Notice of proceedings before board 25
Omit the clause. 26
[5] Clause 14 Substituted service of notice of proceedings 27
Omit the clause. 28
[6] Clause 15 Proceedings may be heard in absence of a party 29
Omit the clause. 30
[7] Clause 16 Issue of summons 31
Omit the clause. 32
[8] Clause 17 Allowances payable to witnesses before local land boards 33
Omit the clause. 34
[9] Clause 18 Form of warrant to apprehend witness 35
Omit the clause. 36
Page 145
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[10] Clause 28 Application for direction to provide gates or other access 1
Omit the clause. 2
[11] Clause 40 Objections to, and appeals against, determination or redetermination of 3
rent 4
Omit clause 40 (2) and (3). Insert instead: 5
(2) An appeal under section 142 (5) of the Act to the Civil and Administrative 6
Tribunal against the Minister's decision on any such objection is to be made: 7
(a) by filing the appeal in accordance with the procedural rules of the 8
Tribunal (within the meaning of the Civil and Administrative Tribunal 9
Act 2013), and 10
(b) is to be lodged within 28 days of service on the objector of the 11
Minister's decision. 12
[12] Clause 49 Local land board hearings--fencing work 13
Omit the clause. 14
[13] Clause 49A Local land board hearings--rural lands protection appeals 15
Omit the clause. 16
[14] Schedule 1 Fees and deposits 17
Omit items 13, 15 and 16. 18
[15] Schedule 3 Form of warrant 19
Omit the Schedule. 20
8.9 Dividing Fences Act 1991 No 72 21
[1] Section 3 Definitions 22
Omit the definition of local land board. 23
[2] Section 4 Determination as to "sufficient dividing fence" 24
Omit "a local land board". Insert instead "the Civil and Administrative Tribunal". 25
[3] Section 5 Adjoining owners--land separated by road or watercourse 26
Omit "a local land board" from section 5 (2). 27
Insert instead "the Civil and Administrative Tribunal". 28
[4] Section 9 Contribution when urgent fencing work is required 29
Omit "a local land board" and "or board" wherever occurring in section 9 (4). 30
Insert instead "the Civil and Administrative Tribunal" and "or the Tribunal", respectively. 31
[5] Section 11 Notice to carry out fencing work 32
Omit "a local land board" from section 11 (5) (b). 33
Insert instead "the Civil and Administrative Tribunal". 34
Page 146
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[6] Section 12 Procedure when agreement not reached 1
Omit "a local land board" from section 12 (2). 2
Insert instead "the Civil and Administrative Tribunal". 3
[7] Section 13 Jurisdiction of Local Court or Civil and Administrative Tribunal 4
Omit "a local land board" wherever occurring in section 13 (1)-(3). 5
Insert instead "the Civil and Administrative Tribunal". 6
[8] Section 13 (2) 7
Omit "a board" and "the board". Insert instead "the Tribunal". 8
[9] Section 13 (4) 9
Omit the subsection. 10
[10] Section 13A Jurisdiction of Land and Environment Court 11
Omit "a local land board" wherever occurring in section 13A (3). 12
Insert instead "the Civil and Administrative Tribunal". 13
[11] Section 14 Orders as to fencing work 14
Omit "a local land board" from section 14 (1). 15
Insert instead "the Civil and Administrative Tribunal". 16
[12] Section 15 Enforcement of agreements and orders 17
Omit "a local land board" from section 15 (1). 18
Insert instead "the Civil and Administrative Tribunal". 19
[13] Section 17 Application for order in absence of an adjoining owner 20
Omit "a local land board" wherever occurring in section 17 (1) and (4). 21
Insert instead "the Civil and Administrative Tribunal". 22
[14] Section 17 (2) and (4) 23
Omit "or board" wherever occurring. Insert instead "or the Tribunal". 24
[15] Section 19 Appeals etc 25
Omit the section. 26
[16] Section 22 Time for service of notices--special provision 27
Omit "a local land board" from section 22 (1). 28
Insert instead "the Civil and Administrative Tribunal". 29
[17] Section 22 (2) 30
Omit "or board" wherever occurring. Insert instead "or the Tribunal". 31
[18] Section 23 Costs 32
Omit "a local land board". Insert instead "the Civil and Administrative Tribunal". 33
Page 147
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[19] Section 24 Recovery of money payable 1
Omit "local land board" from section 24 (2). 2
Insert instead "the Civil and Administrative Tribunal". 3
[20] Section 24 (3) 4
Omit "A local land board". Insert instead "The Tribunal". 5
[21] Section 24 (4) 6
Omit "Chairperson of the local land board". 7
Insert instead "principal registrar of the Civil and Administrative Tribunal". 8
8.10 Government Information (Public Access) Regulation 2009 9
Schedule 3 Agencies declared to be part of other agencies 10
Omit the matter relating to Local land board under the Crown Lands Act 1989. 11
8.11 Hay Irrigation Act 1902 No 57 12
[1] Section 19 Tenant-right in improvements 13
Omit "local land board" wherever occurring in section 19 (1) and (2) (b). 14
Insert instead "Director-General". 15
[2] Section 19 (3) 16
Insert after section 19 (2): 17
(3) In this section: 18
Director-General has the same meaning as in the Crown Lands Act 1989. 19
[3] Section 19B Purchase price of leased lands 20
Omit "local land board (within the meaning of the Crown Lands Act 1989)" from 21
section 19B (5) (a). 22
Insert instead "Civil and Administrative Tribunal". 23
[4] Section 19B (5) 24
Insert at the end of the subsection: 25
Note. An appeal to the Civil and Administrative Tribunal under this subsection is an 26
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 27
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 28
the Land and Environment Court under Schedule 1 to that Act. 29
[5] Section 19B (6) 30
Omit "local land board". Insert instead "Civil and Administrative Tribunal". 31
8.12 Local Government Act 1993 No 30 32
[1] Chapter 17 Enforcement 33
Omit "a local land board" from the Introduction at the beginning of the Chapter. 34
Insert instead "the Civil and Administrative Tribunal". 35
Page 148
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[2] Section 682 Power to appear before local land boards 1
Omit the section. 2
8.13 Local Land Services Act 2013 No 51 3
[1] Section 63 Withdrawal of care, control and management from authority 4
Omit "appropriate local land board" from section 63 (4). Insert instead "Director-General". 5
[2] Section 63 (5) 6
Omit "local land board" and "its". 7
Insert instead "Director-General" and "his or her", respectively. 8
[3] Section 65 Compensation for improvements made before withdrawal 9
Omit "appropriate local land board" from section 65 (3). 10
Insert instead "Civil and Administrative Tribunal". 11
[4] Section 65 (4) 12
Omit "The local land board to which the matter is referred". 13
Insert instead "If a matter is referred to the Civil and Administrative Tribunal, the 14
Tribunal". 15
[5] Section 65 (5) 16
Omit "local land board's". Insert instead "Civil and Administrative Tribunal's". 17
[6] Section 76 Appeal about right of way conditions 18
Omit "appropriate local land board" from section 76 (1). 19
Insert instead "Civil and Administrative Tribunal". 20
[7] Section 76 (1) 21
Insert at the end of the subsection: 22
Note. An appeal to the Civil and Administrative Tribunal under this section is an 23
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 24
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 25
the Land and Environment Court under Schedule 1 to that Act. 26
[8] Section 76 (3) 27
Omit "local land board". Insert instead "Tribunal". 28
[9] Section 76 (4) 29
Omit the subsection. 30
[10] Section 86 Appeals concerning the issue, cancellation or suspension of permits 31
Omit "local land board" wherever occurring in section 86 (1), (2) and (5). 32
Insert instead "Civil and Administrative Tribunal". 33
Page 149
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[11] Section 86 (1) 1
Insert at the end of the subsection: 2
Note. An appeal to the Civil and Administrative Tribunal under this section is an 3
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 4
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 5
the Land and Environment Court under Schedule 1 to that Act. 6
[12] Section 86 (6) 7
Omit the subsection. 8
[13] Section 87 9
Omit the section. Insert instead: 10
87 Compensation 11
If the Civil and Administrative Tribunal revokes the decision of Local Land 12
Services to cancel or suspend a permit, the Tribunal may, on application of the 13
holder of the permit, order Local Land Services to pay compensation to the 14
holder for any loss arising out of the cancellation or suspension. 15
Note. A party to proceedings before the Tribunal under this section may appeal to the 16
Land and Environment Court under Schedule 1 to the Civil and Administrative Tribunal 17
Act 2013. 18
[14] Section 95 Application to Civil and Administrative Tribunal 19
Omit "appropriate local land board" and "the local land board". 20
Insert instead "Civil and Administrative Tribunal" and "the Tribunal", respectively. 21
[15] Section 96 Jurisdiction of local land board not to be ousted in certain cases 22
Omit the section. 23
[16] Section 97 Civil and Administrative Tribunal may allow time for payment 24
Omit "a local land board" and "the local land board" from section 97 (1). 25
Insert instead "the Civil and Administrative Tribunal" and "the Tribunal", respectively. 26
[17] Section 97 (2) 27
Omit "local land board". Insert instead "Tribunal". 28
[18] Section 97 (3) 29
Omit "a local land board". Insert instead "the Tribunal". 30
[19] Section 98 Right to refer matters to Land and Environment Court 31
Omit the section. 32
[20] Section 99 Powers of Local Land Services with respect to fences 33
Omit "the appropriate local land board" from section 99 (1). 34
Insert instead "the Director-General". 35
[21] Section 99 (2) 36
Omit "local land board" and "its". 37
Insert instead "Director-General" and "his or her", respectively. 38
Page 150
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[22] Section 110 Compensation for improvements on former stock watering place 1
Omit "appropriate local land board" from section 110 (3). 2
Insert instead "Civil and Administrative Tribunal". 3
[23] Section 110 (4) 4
Omit "local land board". Insert instead "Tribunal". 5
[24] Section 147 Notice of right to appeal against order 6
Omit "local land board" from section 147 (a). 7
Insert instead "Civil and Administrative Tribunal". 8
[25] Section 148 Appeal against individual eradication order of Local Land Services 9
Omit "appropriate local land board" from section 148 (1). 10
Insert instead "Civil and Administrative Tribunal". 11
[26] Section 148 (1) 12
Insert at the end of the subsection: 13
Note. An appeal to the Civil and Administrative Tribunal under this section is an 14
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 15
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 16
the Land and Environment Court under Schedule 1 to that Act. 17
[27] Section 148 (3)-(5) 18
Omit "the local land board" and "a local land board" wherever occurring. 19
Insert instead "the Tribunal". 20
[28] Section 157 Appeal against refusal to approve keeping of pest in captivity or use 21
alternative eradication method 22
Omit "appropriate local land board" from section 157 (1). 23
Insert instead "Civil and Administrative Tribunal". 24
[29] Section 157 (1) 25
Insert at the end of the subsection: 26
Note. An appeal to the Civil and Administrative Tribunal under this section is an 27
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 28
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 29
the Land and Environment Court under Schedule 1 to that Act. 30
[30] Section 157 (3) and (4) 31
Omit "local land board" wherever occurring. Insert instead "Tribunal". 32
[31] Section 196 Jurisdiction of court or NCAT not to be ousted in certain proceedings 33
Omit "local land board" wherever occurring. 34
Insert instead "the Civil and Administrative Tribunal". 35
[32] Section 197 Proof of certain matters not required 36
Omit "local land board" from section 197 (j). 37
Insert instead "the Civil and Administrative Tribunal". 38
Page 151
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[33] Section 206 Regulations 1
Insert after section 206 (2) (o): 2
(p) conferring jurisdiction on the Civil and Administrative Tribunal to hear 3
and determine appeals against decisions concerning rates, charges and 4
other amounts payable under this Act or the regulations (including 5
assessments for the purposes of such rates, changes and amounts). 6
[34] Section 206 (2A) 7
Insert after section 206 (2): 8
(2A) The Minister is not to recommend the making of a regulation containing 9
provisions for the purposes of subsection (2) (p) unless the Minister certifies 10
that the Minister administering the Civil and Administrative Tribunal Act 2013 11
has agreed to the provisions. 12
[35] Section 207 Local land board appeals procedure 13
Omit the section. 14
[36] Dictionary 15
Omit the definitions of appropriate local land board and local land board. 16
8.14 Local Land Services Regulation 2014 17
[1] Clauses 20 and 21 18
Omit "appropriate local land board", "the local land board" and "The local land board" 19
wherever occurring. 20
Insert instead "Civil and Administrative Tribunal", "the Tribunal" and "The Tribunal", 21
respectively. 22
[2] Clause 21 (1) 23
Insert at the end of the subclause: 24
Note. An appeal to the Civil and Administrative Tribunal under this clause is an external 25
appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 26
2013. A decision of the Tribunal on such an external appeal may be appealed to the 27
Land and Environment Court under Schedule 1 to that Act. 28
[3] Clause 22 Hearing of appeals 29
Omit "local land board" wherever occurring in clause 22 (1) and (2). 30
Insert instead "Civil and Administrative Tribunal". 31
[4] Clause 22 (3) 32
Omit the subclause. 33
8.15 Port Kembla Inner Harbour Construction and Agreement Ratification 34
Act 1955 No 43 35
[1] Section 12 Determination of rental by Director-General 36
Omit section 12 (1) and (2). Insert instead: 37
(1) The Director-General is to determine the annual rental under clause 22 (f) of 38
the Agreement. 39
Page 152
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
(2) In determining the annual rent: 1
(a) the Director-General has and may exercise all of the functions that a 2
local land board could have exercised under this section and the 3
Agreement immediately before the substitution of this section by the 4
Civil and Administrative Legislation (Repeal and Amendment) Act 5
2013, and 6
(b) the Director-General's decision is taken to have the same effect for the 7
purposes of the Agreement as a decision of a local land board would 8
have had immediately before that substitution. 9
(2A) For the avoidance of doubt, the substitution of this section (or a determination 10
of annual rent as provided for by this section) does not constitute a breach of 11
the Agreement. 12
[2] Section 12 (3) 13
Omit "said board". Insert instead "Director-General". 14
[3] Section 12 (4) 15
Omit the subsection. Insert instead: 16
(4) In this section: 17
Director-General has the same meaning as in the Crown Lands Act 1989. 18
8.16 Roads Act 1993 No 33 19
[1] Section 260 Reference of certain matters to Director-General 20
Omit "the appropriate local land board, or to the chairperson of that board sitting alone," 21
from section 260 (1). 22
Insert instead "the Director-General". 23
[2] Section 260 (2) 24
Omit "local land board or chairperson" and "its". 25
Insert instead "Director-General" and "the Director-General's", respectively. 26
[3] Section 260 (5) 27
Insert after section 260 (4): 28
(5) In this section: 29
Director-General has the same meaning as in the Crown Lands Act 1989. 30
[4] Dictionary 31
Omit the definition of local land board. 32
8.17 Soil Conservation Act 1938 No 10 33
Section 3 Definitions 34
Omit the definition of Local land board from section 3 (1). 35
8.18 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 36
Schedule 2 Public offices 37
Omit the matter relating to Chairperson, Local Land Boards from Part 2. 38
Page 153
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Schedule 8 Amendment of legislation concerning local land boards
8.19 Trees (Disputes Between Neighbours) Act 2006 No 126 1
Section 11 Trees on Crown land referred to local land board 2
Omit the section. 3
8.20 Water Act 1912 No 44 4
[1] Section 4 Definitions 5
Insert in alphabetical order: 6
Director-General has the same meaning as in the Crown Lands Act 1989. 7
[2] Section 4, definition of "Local land board" 8
Omit the definition. 9
[3] Section 4A Inquiries and appeals--requirement to take certain matters into account 10
Omit "a local land board" from the definition of judicial body in section 4A (2). 11
Insert instead "the Civil and Administrative Tribunal". 12
[4] Section 11 Notification of application for licence 13
Omit section 11 (5) and (6). Insert instead: 14
(5) The Ministerial Corporation must apply to the Civil and Administrative 15
Tribunal for an inquiry into: 16
(a) if the Ministerial Corporation decides that an application for a licence 17
should be granted but an objection has been lodged under subsection (2) 18
or (2A)--the desirability of granting the application for a licence, or 19
(b) if the applicant for a licence is dissatisfied with the decision of the 20
Ministerial Corporation as to the period, terms, limitations or conditions 21
proposed to be applied to the licence and has, within 28 days after notice 22
has been given to the applicant in accordance with subsection (3), 23
lodged with the Ministerial Corporation a written objection--the 24
period, terms, limitations and conditions proposed to be applied to the 25
licence. 26
(6) The application for the inquiry must be made within 28 days after the relevant 27
objection is received by the Ministerial Corporation. 28
(6A) An inquiry by the Civil and Administrative Tribunal is to be: 29
(a) notified by the Ministerial Corporation once in the Gazette and once in 30
a newspaper published and circulating in the district where the work is 31
or is proposed to be situated, and 32
(b) by way of a hearing that is open to the public. 33
(6B) In addition to the Ministerial Corporation and the applicant, the Civil and 34
Administrative Tribunal is to permit such other persons or bodies as it 35
considers have interests that may be affected by any matter to which the 36
inquiry relates to make submissions to the inquiry. 37
(6C) In determining the inquiry, the Civil and Administrative Tribunal is to: 38
(a) in the case of an inquiry into the desirability of granting the application 39
for a licence--determine whether the licence should be granted and, if 40
so, the period, terms, limitations and conditions to be applied to the 41
licence, or 42
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Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
(b) in the case of an inquiry into the period, terms, limitations and 1
conditions proposed to be applied to a licence--determine the period, 2
terms, limitations and conditions to be applied to the licence. 3
(6D) The Civil and Administrative Tribunal must ensure that a written statement of 4
reasons (setting out the matters referred to in section 62 (3) of the Civil and 5
Administrative Tribunal Act 2013) for its determination of an inquiry is: 6
(a) provided to both the Ministerial Corporation and the applicant for the 7
licence even if they have not requested that statement under section 62 8
of that Act, and 9
(b) published on the website of the Tribunal. 10
[5] Section 12 Licence 11
Omit "local land board" wherever occurring in section 12 (1) and (2). 12
Insert instead "Director-General". 13
[6] Section 13A Application for licence by person who does not occupy land on which 14
works are to be constructed 15
Omit "local land board" wherever occurring in section 13A (4)-(6). 16
Insert instead "Director-General". 17
[7] Section 20A Notification of application and reference to Director-General or 18
Magistrate 19
Omit "local land board" and "board's" wherever occurring in section 20A (2). 20
Insert instead "Director-General" and "Director-General's", respectively. 21
[8] Section 20B Authority 22
Omit "local land board" from section 20B (1). 23
Insert instead "Director-General'. 24
[9] Section 20CA Application for authority by persons who do not occupy land on which 25
works are to be constructed 26
Omit "local land board" and "board's" wherever occurring in section 20CA (4)-(6). 27
Insert instead "Director-General" and "Director-General's", respectively. 28
[10] Section 20CB Renewal of authorities under section 20CA 29
Omit "local land board" wherever occurring in section 20CB (1) and (3). 30
Insert instead "Director-General". 31
[11] Section 20E Amended authorities 32
Omit "local land board" wherever occurring in section 20E (2). 33
Insert instead "Director-General". 34
[12] Section 20K Application for group licence 35
Omit "local land board" from section 20K (3). Insert instead "Director-General". 36
[13] Section 20L Issue of group licence 37
Omit "local land board" from section 20L (1). Insert instead "Director-General". 38
Page 155
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[14] Section 21B Offences with respect to construction, erection and use of work without 1
licence etc 2
Omit "local land board" wherever occurring in section 21B (3). 3
Insert instead "Civil and Administrative Tribunal". 4
[15] Section 22 Power of entry 5
Omit "local land board" wherever occurring in section 22 (5). 6
Insert instead "Civil and Administrative Tribunal". 7
[16] Section 26B 8
Omit the section. Insert instead: 9
26B Powers to determine licence, group licence or authority 10
(1) The Ministerial Corporation may, at any time after giving reasonable notice, 11
cancel a licence, group licence or an authority on payment of compensation to 12
the person entitled to the benefit of the licence or authority or to the holder of 13
the group licence (the affected person). 14
(2) Subject to any order of the Civil and Administrative Tribunal, the right to the 15
water which was vested in the affected person vests in the Ministerial 16
Corporation on the expiry of the period of 28 days after the payment of the 17
compensation. 18
(3) The affected person may apply to the Civil and Administrative Tribunal for an 19
administrative review under the Administrative Decisions Review Act 1997 of 20
the decision of the Ministerial Corporation concerning the amount of 21
compensation to be paid. 22
(4) The application for administrative review must be made within 28 days after 23
the payment of the compensation. 24
[17] Section 107 Notification of proposal etc 25
Omit "the local land board" and "the board" wherever occurring in section 107 (2) and (4). 26
Insert instead "the Director-General". 27
[18] Section 107 (2) 28
Omit "(or local land board for an adjacent land district)". 29
[19] Section 108 Assessment of charges 30
Omit "local land board" wherever occurring in section 108 (1) and (4). 31
Insert instead "Director-General". 32
[20] Section 110 Assessment of charges 33
Omit "local land board" wherever occurring in section 110 (1) and (4). 34
Insert instead "Director-General". 35
[21] Section 114 Inquiry 36
Omit "local land board" wherever occurring. Insert instead "Director-General". 37
[22] Section 115 Issue of licence 38
Omit "local land board" from section 115 (2) (a). Insert instead "Director-General". 39
Page 156
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[23] Section 121C Apportionment of expenses 1
Omit "local land board for the district in which the land or any part of it is situated". 2
Insert instead "Civil and Administrative Tribunal". 3
[24] Section 126 Appeal 4
Omit "a local land board". Insert instead "the Director-General". 5
8.21 Wentworth Irrigation Act 1890 No 7 6
[1] Section 22C Purchase price of leased lands 7
Omit "local land board (within the meaning of the Crown Lands Act 1989)" from 8
section 22C (5) (a). 9
Insert instead "Civil and Administrative Tribunal". 10
[2] Section 22C (6) 11
Omit "local land board". Insert instead "Civil and Administrative Tribunal". 12
8.22 Western Lands Act 1901 No 70 13
[1] Section 3 Definitions 14
Insert in alphabetical order in section 3 (1): 15
Director-General has the same meaning as in the Crown Lands Act 1989. 16
[2] Section 3 (1), definition of "Local Land Board" 17
Omit the definition. 18
[3] Section 10C Minister may deal with matters by agreement 19
Omit "a local land board" and "the local land board" wherever occurring. 20
Insert instead "the Civil and Administrative Tribunal". 21
[4] Section 18A Condition of fencing 22
Omit section 18A (6) (including the note to the subsection). Insert instead: 23
(6) A person who is affected by an order made by the Commissioner under this 24
section may appeal to the Civil and Administrative Tribunal against that order. 25
Note. An appeal to the Civil and Administrative Tribunal under this section is an 26
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 27
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 28
the Land and Environment Court under Schedule 1 to that Act. 29
[5] Section 18E Subsisting leases: extension 30
Omit "local land board" wherever occurring in section 18E (2) and (5). 31
Insert instead `Director-General". 32
[6] Section 26 Review of assessment by Civil and Administrative Tribunal 33
Omit "local land board" wherever occurring. 34
Insert instead "Civil and Administrative Tribunal". 35
Page 157
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[7] Section 27 Appeal to Land and Environment Court 1
Omit the section. 2
[8] Section 35A Permission to enclose roads 3
Omit "local land board" and "it". 4
Insert instead "Director-General" and "the Director-General", respectively. 5
[9] Section 35U Mediation of disputes as to easements 6
Omit the section. 7
[10] Section 36 Regulations 8
Omit section 36 (1) (i). 9
[11] Schedule 2 Applicable provisions of the Crown Lands Act 1989 10
Omit "(Local land boards)" from the matter relating to Division 2 of Part 2 of the Crown 11
Lands Act 1989. 12
Insert instead "(Director-General)". 13
[12] Schedule 4 Provisions relating to purchases of certain leased land 14
Omit "local land board" from clause 2 (2) (b). 15
Insert instead "Civil and Administrative Tribunal". 16
[13] Schedule 4, clause 4 (5) 17
Omit "local land board" wherever occurring. 18
Insert instead "Civil and Administrative Tribunal". 19
[14] Schedule 4, clause 4 (5) 20
Insert at the end of the subclause: 21
Note. An appeal to the Civil and Administrative Tribunal under this section is an 22
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 23
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 24
the Land and Environment Court under Schedule 1 to that Act. 25
[15] Schedule 4, clause 4 (6) 26
Omit the subclause. Insert instead: 27
(6) On hearing an appeal under subclause (5), the Civil and Administrative 28
Tribunal may include in its order or decision an order or redetermination 29
referred to in subclause (7), or both. 30
[16] Schedule 4, clause 4 (7) 31
Omit "The local land board, or the Court, may". 32
Insert instead "The Civil and Administrative Tribunal may". 33
[17] Schedule 4, clause 11 (4) (a) and (5) 34
Omit "local land board" wherever occurring. 35
Insert instead "Civil and Administrative Tribunal". 36
Page 158
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 8 Amendment of legislation concerning local land boards
[18] Schedule 4, clause 11 (4) 1
Insert at the end of the subclause: 2
Note. An appeal to the Civil and Administrative Tribunal under this section is an 3
external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal 4
Act 2013. A decision of the Tribunal on such an external appeal may be appealed to 5
the Land and Environment Court under Schedule 1 to that Act. 6
8.23 Western Lands Regulation 2011 7
Clause 20 Local land board hearings--rural lands protection appeals 8
Omit the clause. 9
Page 159
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 9 Amendment of legislation concerning Vocational Training Tribunal and Appeal Panel
Schedule 9 Amendment of legislation concerning Vocational 1
Training Tribunal and Appeal Panel 2
9.1 Apprenticeship and Traineeship Act 2001 No 80 3
[1] The whole Act (except Schedule 4 and except as otherwise amended by this 4
Subschedule) 5
Omit each term or expression specified in Column 1 of the following Table wherever 6
occurring (including definitions, headings and notes) and regardless of capitalisation. 7
Insert instead the term or expression specified in Column 2 opposite the term specified in 8
Column 1 with capitalisation that corresponds to that of the omitted term or expression: 9
Table 10
Column 1 Column 2
"Vocational Training Tribunal" "Vocational Training Review Panel"
"Tribunal" "Review Panel"
"Tribunal's" "Review Panel's"
[2] Part 5 11
Omit the Part. Insert instead: 12
Part 5 Reviews and appeals 13
54 Applications to Review Panel for reviews of decisions of Commissioner 14
(1) A person aggrieved by any of the following decisions of the Commissioner 15
may, in accordance with the regulations (if any), apply to the Review Panel for 16
a review of the decision: 17
(a) any decision by the Commissioner dismissing an application for 18
establishment of an apprenticeship or traineeship, 19
(b) any vocational training direction made by the Commissioner, 20
(c) any decision by the Commissioner dismissing an application for 21
approval to the transfer of an apprenticeship or traineeship, 22
(d) any decision by the Commissioner dismissing an application for 23
variation of an apprenticeship or traineeship, 24
(e) any decision by the Commissioner under which an apprenticeship or 25
traineeship has been varied, 26
(f) any decision by the Commissioner to refuse to register a person as an 27
existing worker trainee, 28
(g) any decision by the Commissioner to refuse to register a person or body 29
as a group training organisation or to suspend or cancel the registration 30
of a person or body as a group training organisation, 31
(h) any refusal by the Commissioner to issue a certificate of proficiency, 32
craft certificate or certificate of completion under Part 2 or 3, 33
(i) any decision by the Commissioner refusing to refer a complaint under 34
Part 4 for determination by the Review Panel. 35
(2) A review under this section is to be dealt with by way of a new hearing, and 36
fresh evidence or fresh information may be given on the appeal. 37
Page 160
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 9 Amendment of legislation concerning Vocational Training Tribunal and Appeal Panel
(3) The decision of the Review Panel is to be given effect to as if it were the 1
decision of the Commissioner under review. 2
55 Appeals to NCAT against decisions of Review Panel 3
(1) A person aggrieved by any of the following decisions of the Review Panel may 4
appeal to the Civil and Administrative Tribunal against the decision: 5
(a) any decision by the Review Panel dismissing an application for 6
establishment of an apprenticeship or traineeship, 7
(b) any vocational training direction made by the Review Panel or by the 8
Commissioner, 9
(c) any decision by the Review Panel dismissing an application for 10
approval to the transfer of an apprenticeship or traineeship, 11
(d) any decision by the Review Panel dismissing an application for 12
variation of an apprenticeship or traineeship, 13
(e) any decision by the Review Panel under which an apprenticeship or 14
traineeship has been varied, 15
(f) any determination by the Review Panel under section 36 that denies 16
recognition of a person's qualifications or experience in a particular 17
recognised trade vocation, 18
(g) any determination by the Review Panel in respect of a complaint under 19
Part 4, including any order of the kind referred to in section 53, 20
(h) a decision of the Review Panel determining an application for a review 21
of a decision of the Commissioner made under section 54. 22
Note An appeal under this section is an external appeal to the Tribunal for the purposes 23
of the Civil and Administrative Tribunal Act 2013. 24
(2) An appeal is to be dealt with by way of a new hearing, and fresh evidence or 25
fresh information may be given on the appeal. 26
(3) The decision of the Civil and Administrative Tribunal is to be given effect to 27
as if it were the decision of the person or body in respect of whose decision, 28
determination, action or failure to act the appeal has been made. 29
[3] Section 58 30
Omit the section. Insert instead: 31
58 Delegation by Commissioner 32
Subject to section 60 (5), the Commissioner may delegate to any person, or to 33
any person belonging to a specified class of persons, any of the 34
Commissioner's functions (other than this power of delegation). 35
Note. Section 60 (5) provides that Commissioner may delegate the exercise of the 36
Commissioner's functions as a member of the Review Panel to any public servant 37
employed within the Department, and for that purpose any such delegate is taken to be 38
a member of the Review Panel and is to preside at any sitting of the Review Panel in 39
place of the Commissioner. 40
[4] Part 6, Division 3 The Vocational Training Appeal Panel 41
Omit the Division. 42
[5] Section 74 Applications and notices 43
Omit "the Commissioner, the Tribunal or the Appeal Panel" from section 74 (1). 44
Insert instead "the Commissioner or the Review Panel". 45
Page 161
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 9 Amendment of legislation concerning Vocational Training Tribunal and Appeal Panel
[6] Section 77 Liability 1
Omit section 77 (b) and (c). Insert instead: 2
(b) the Review Panel or a member of the Review Panel, or 3
[7] Section 77 (e) 4
Omit "Commissioner, the Tribunal or the Appeal Panel". 5
Insert instead "Commissioner or Review Panel". 6
[8] Section 77 7
Omit "any member of the Tribunal or Appeal Panel". 8
Insert instead "any member of the Review Panel". 9
[9] Schedule 2 The Vocational Training Appeal Panel 10
Omit the Schedule. 11
[10] Schedule 4 Savings, transitional and other provisions 12
Insert at the end of clause 1 (1): 13
any Act that amends this Act 14
[11] Schedule 4, clauses 17-19 15
Omit "Appeal Panel" wherever occurring. 16
Insert instead "Vocational Training Appeal Panel". 17
[12] Schedule 4 18
Insert at the end of the Schedule with appropriate Part and clause numbering: 19
Part Provisions consequent on enactment of Civil and 20
Administrative Legislation (Repeal and 21
Amendment) Act 2013 22
Vocational Training Review Panel 23
(1) The Vocational Training Review Panel established by this Act is a 24
continuation of the Vocational Training Tribunal established by this Act 25
before the establishment day. 26
(2) Each person who was a member of the Vocational Training Tribunal 27
immediately before the establishment day continues in office on and from that 28
day as a member of the Vocational Training Review Panel for the balance of 29
his or her term of office as a member of the Tribunal. 30
(3) The Vocational Training Review Panel may continue and complete anything 31
begun by the Vocational Training Tribunal before the establishment day. 32
(4) Any right to make or refer an application or complaint to the Vocational 33
Training Tribunal becomes, on and from the establishment day, a right to 34
make or refer the application or complaint to the Vocational Training Review 35
Panel. 36
(5) Subject to Part 2 of Schedule 1 to the Civil and Administrative Tribunal Act 37
2013, any matter determined by the Vocational Training Tribunal (including 38
Page 162
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 9 Amendment of legislation concerning Vocational Training Tribunal and Appeal Panel
under section 36 or 37) is taken, on and from the establishment day, to have 1
been determined by the Vocational Training Review Panel. 2
Note. Part 2 of Schedule 1 to the Civil and Administrative Tribunal Act 2013 abolished 3
the Vocational Training Appeal Panel on the establishment day and contains savings 4
and transitional provisions with respect to the Appeal Panel and appeals to the Panel. 5
(6) In this clause: 6
establishment day has the same meaning as in the Civil and Administrative 7
Tribunal Act 2013. 8
[13] Dictionary 9
Omit the definitions of Appeal Panel and Tribunal. Insert in alphabetical order: 10
Review Panel means the Vocational Training Review Panel of New South 11
Wales constituted by section 59. 12
9.2 Apprenticeship and Traineeship Regulation 2010 13
[1] Clause 11 Nomination of members for Review Panel 14
Omit "and clause 2 (a) (i) of Schedule 2" from clause 11 (1). 15
[2] Clause 11 (2) 16
Omit "and clause 2 (b) (i) of Schedule 2". 17
[3] Clause 11 (3) 18
Omit "and clause 2 (c) (i) of Schedule 2". 19
[4] Clause 11 (4) 20
Omit "and clause 5 (2) of Schedule 2". 21
[5] Clause 11 (4) 22
Omit "member of the Tribunal or the Appeal Panel". 23
Insert instead "member of the Review Panel". 24
9.3 Government Information (Public Access) Regulation 2009 25
Schedule 3 Agencies declared to be part of other agencies 26
Omit "Vocational Training Tribunal". 27
Insert instead "Vocational Training Review Panel". 28
9.4 Hairdressers Act 2003 No 62 29
Section 4 When is an individual "qualified to act as a hairdresser"? 30
Omit "Vocational Training Tribunal" whenever occurring in section 4 (1). 31
Insert instead "Vocational Training Review Panel". 32
Page 163
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 10 Other amendments to legislation
Schedule 10 Other amendments to legislation 1
10.1 Children and Young Persons (Care and Protection) Act 1998 No 157 2
Section 29 Protection of persons who make reports or provide certain information 3
Omit "Victims Compensation Tribunal or the Guardianship Tribunal" from 4
section 29 (1) (d) (iv). 5
Insert instead "Civil and Administrative Tribunal". 6
10.2 Children (Detention Centres) Act 1987 No 57 7
Section 42 Attendance of persons subject to control before courts and court officers 8
Omit "Victims Compensation Tribunal" from section 42 (5) (b). 9
Insert instead "Civil and Administrative Tribunal". 10
10.3 Crimes (Administration of Sentences) Act 1999 No 93 11
Section 77 Attendance of inmates before courts and court officers 12
Omit "Victims Compensation Tribunal" from paragraph (e) of the definition of appropriate 13
authority in section 77 (5). 14
Insert instead "Civil and Administrative Tribunal". 15
10.4 Criminal Procedure Act 1986 No 209 16
[1] Section 306M Definitions 17
Omit "Victims Compensation Tribunal" wherever occurring in the definitions of court and 18
courtroom in section 306M (1). 19
Insert instead "Civil and Administrative Tribunal". 20
[2] Section 306ZA Application of Division 21
Omit section 306ZA (d). Insert instead: 22
(d) a proceeding before the Civil and Administrative Tribunal in respect of 23
the hearing of a matter arising from the commission of a personal 24
assault offence that is the subject of an application to it under the 25
Victims Rights and Support Act 2013, 26
[3] Section 306ZK Vulnerable persons have a right to presence of a supportive person 27
while giving evidence 28
Omit section 306ZK (1) (d). Insert instead: 29
(d) a proceeding before the Civil and Administrative Tribunal in respect of 30
the hearing of a matter arising from the commission of a personal 31
assault offence that is the subject of an application to it under the 32
Victims Rights and Support Act 2013, and 33
Page 164
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 10 Other amendments to legislation
10.5 Defamation Act 2005 No 77 1
[1] Schedule 1 Additional publications to which absolute privilege applies 2
Insert after clause 32: 3
33 Matters arising under Civil and Administrative Tribunal Act 2013 4
Without limiting section 27 (2) (a)-(c), matter that is published to or by the 5
Civil and Administrative Tribunal under the Civil and Administrative Tribunal 6
Act 2013 (including matter that is published by that Tribunal in an official 7
report of a decision of that Tribunal or of the reasons of that Tribunal for a 8
decision). 9
[2] Schedule 2 Additional kinds of public documents 10
Insert after clause 8: 11
9 Documents relating to Civil and Administrative Tribunal 12
Without limiting section 28 (4) (a)-(f), any document that consists of a 13
decision (including reasons for a decision) made by the Civil and 14
Administrative Tribunal. 15
10 Documents relating to certain abolished tribunals 16
Without limiting section 28 (4) (a)-(f), any document that consists of a 17
decision (including reasons for a decision) made by an abolished tribunal (but 18
only if such a document was included in this Schedule before the Tribunal's 19
abolition). 20
[3] Schedule 3 Additional proceedings of public concern 21
Insert after clause 17: 22
18 Proceedings relating to Civil and Administrative Tribunal 23
Without limiting section 29 (4) (a)-(o), proceedings held in public of the Civil 24
and Administrative Tribunal. 25
19 Proceedings relating to certain abolished tribunals 26
Without limiting section 29 (4) (a)-(o), proceedings of an abolished tribunal 27
(but only if such proceedings were included in this Schedule before the 28
Tribunal's abolition). 29
10.6 Government Information (Public Access) Regulation 2009 30
Schedule 3 Agencies declared to be part of other agencies 31
Insert in alphabetical order of subsidiary agency: 32
Civil and Administrative Tribunal Department of Justice and Attorney General
Page 165
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 10 Other amendments to legislation
10.7 Ombudsman Act 1974 No 68 1
Section 35D 2
Insert after section 35C: 3
35D Inter-relationship between Ombudsman and NCAT 4
(1) The Ombudsman and President of the Civil and Administrative Tribunal may 5
enter into arrangements regarding any of the following: 6
(a) matters that the Tribunal will refer to the Ombudsman where it 7
considers that the matter can be the subject of a complaint, inquiry, 8
investigation or other action under the Ombudsman Act 1974 and that it 9
would be more appropriate for the Ombudsman to deal with the matter, 10
(b) matters that the Ombudsman will refer to the Tribunal where the 11
Ombudsman considers that the matter can be the subject of an 12
administrative review application and that it would be more appropriate 13
for the Tribunal to deal with it, 14
(c) matters that are the subject of an administrative review application and 15
that are also the subject of a complaint, inquiry, investigation or other 16
action under the Ombudsman Act 1974, 17
(d) the co-operative exercise of the respective functions of the Ombudsman 18
and the Tribunal. 19
(2) The Ombudsman and President are jointly to cause notice of any arrangements 20
entered into under this section to be published in the Gazette as soon as is 21
practicable after they are entered into. However, a failure to publish any such 22
arrangements does not affect their validity. 23
(3) The Ombudsman and the Civil and Administrative Tribunal are empowered to 24
exercise their functions in conformity with any relevant arrangements entered 25
into under this section. 26
(4) An administrative review application may be made to the Civil and 27
Administrative Tribunal whether or not a complaint has been made to the 28
Ombudsman in relation to the decision. 29
(5) Without limiting subsection (3): 30
(a) the Ombudsman may (despite anything in this Act) decline, discontinue 31
or defer a complaint made under this Act to give effect to an 32
arrangement entered into under this section, and 33
(b) the Ombudsman may (despite any provision of this Act but in 34
conformity with the Civil and Administrative Tribunal Act 2013) 35
disclose any information to the Tribunal duly obtained by the 36
Ombudsman in relation to any matter referred to the Civil and 37
Administrative Tribunal to give effect to an arrangement entered into 38
under this section, and 39
(c) the Tribunal may dismiss, adjourn or stay proceedings relating to an 40
administrative review application to give effect to an arrangement 41
entered into under this section, and 42
Page 166
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013 [NSW]
Schedule 10 Other amendments to legislation
(d) the Ombudsman may entertain any complaint under this Act, or the 1
Tribunal may entertain an administrative review application, duly made 2
by a person on the basis of a referral under arrangements entered into 3
under this section. 4
(6) In this section: 5
administrative review application has the same meaning as in the Civil and 6
Administrative Tribunal Act 2013. 7
10.8 Public Sector Employment and Management Act 2002 No 43 8
Schedule 3A Recognition of prior government service for public sector employees 9
extended leave entitlements 10
Insert after the matter relating to the Administrative Decisions Tribunal of New South 11
Wales in the Table to clause 11: 12
Civil and Administrative Tribunal of New South Wales 13
Member who was taken to be employed in a public sector agency by operation of this clause 14
immediately before the establishment day (within the meaning of the Civil and 15
Administrative Tribunal Act 2013) 16
Page 167
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