[55.7]  ACT CIVIL AND ADMINISTRATIVE Tribunal

The ACT Civil and Administrative Tribunal (the Tribunal) is an independent body which has exclusive jurisdiction to hear and determine any matters arising under the RTA or the standard residential tenancy terms or the standard occupancy terms.  The ACAT commenced on 2 February 2009, taking over the jurisdiction of the former Residential Tenancies Tribunal.

Hearings are held in a Tribunal Hearing Room at the ACT Magistrates Court.

[55.7.1]  Applications to the Tribunal

[55.7.1.1]  Who can apply?

A tenant, an occupant or a lessor can make an application to the Tribunal.

[55.7.1.2]  Making an application

Making an application for a hearing of a tenancy dispute is a straightforward matter.  An application form can be obtained from the Tribunal, the Tenants' Union or associated websites (see Contacts).

It is important to include copies of correspondence and other documents (e.g. notices, repair bills) with the application whenever possible.  The applicant should keep copies of these as well in case any attached document goes missing.

[55.7.1.3]  Filing Fees

All applications are subject to a filing fee, set by Attorney General (Fees) Amendment Determinations made under the Court Procedures Act 2004.   The size of the fee depends on the nature of the dispute:

·         Where the amount in dispute is $1,000 or more - $123.00

·         Where the amount in dispute is less than $1,000 - $61.00

·         Application for termination and possession order - $123.00

·         Application for a termination and possession order where no bond has been lodged with the Territory - $237.00

·         For an application for any other tenancy dispute - $61.00

·         Application for a subpoena to give evidence - $18.50

·         Application for a subpoena for production and to give evidence - $36.00

·         Application for a subpoena for production - $36.00

(Rates from 1 July 2011)

There is no fee payable in the Tribunal for an application for the endorsement of inconsistent terms.

A waiver of filing fees on grounds of hardship is available upon request to the Registrar; this covers, for example, holders of a Centrelink concession card or a Department of Veterans' Affairs card.

[55.7.2]  Jurisdiction and Powers of the Tribunal

Jurisdiction

 

 

Ancillary jurisdiction

 

 

Orders Within the Powers of the Tribunal

 

 

 

 

[55.7.3]  Tribunal Hearings

A Tribunal hearing is where the parties to a tenancy dispute each tell the Tribunal their side of the story.  A Tribunal Member hears the matter and makes a decision based on the information they are provided with.  Parties are generally expected to present their own case.

In general there are some points that are useful to consider regarding any hearing:

·         Parties should have their cases well prepared and be clear about what they want to say.

·         All relevant documents (e.g.  rent receipts, the tenancy agreement) must be brought along to the hearing as the Tribunal may wish to see these documents.

·         Hearings are informal and strict rules of evidence are not applied.  Hearsay evidence may be sufficient if the Tribunal thinks it is truthful.

A hearing before the Tribunal will be held in public unless there are exceptional circumstances that, in the opinion of the Tribunal, warrant a closed hearing. 

It is very important that a tenant, or their representative, attend the hearing.  If there is any problem, the Tribunal must be contacted immediately.  

If a party fails to attend a hearing, the Tribunal has several options, it may:

·         Order that the dispute be set down for hearing again;

·         Order that such other steps be taken before the hearing proceeds as the Tribunal directs;

·         Adjourn the hearing;

·         If the party is the applicant, dismiss the application; or

·         Proceed with the hearing ex parte ‑ without any representation from that party.

Legal Representation

There is an unrestricted right to be represented by a legal practitioner or agent at Tribunal hearings (s 30, ACAT Act).

The Tribunal will take into account whether parties are represented or not.  If a party is unrepresented, reasonable steps will be taken to ensure that they understand the process.  If unrepresented it is advisable to at least seek advice before appearing at the Tribunal.  It is also useful to attend a hearing at the Tribunal in order to become aware of the environment.

Advice for tenants can be obtained from the Tenants' Advice Service or the Welfare Rights and Legal Centre.  Advice for lessors may be obtained from the Legal Aid ACT telephone advice service.

[55.7.4]  Appeals to the ACAT

Under Division 8.1 of the ACAT Act, a party to the original application may appeal the decision of the Tribunal to the Tribunal.  The appeal is heard by an appeal tribunal allocated by the appeal president which will consist of 1 or more presidential members and possibly 1 or more other members of the Tribunal.  A member who decided the original application cannot be on the appeal tribunal (s 81).

The appeal hearing can be a full rehearing or a review of all or part of the original decision, at the discretion of the appeal tribunal (s 82).

[55.7.5]  Appeals to the Supreme Court

A party to a Tribunal hearing may appeal to the Supreme Court on a question of fact or law from a decision of an appeal tribunal (s 86, ACAT Act).  Leave is required from the Court before an appeal can be lodged.  Legal advice should be sought before initiating an appeal.