CAT ACT Sect.62

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 – SECT 62

is one of your most important rights at the tribunal.

A.CAT Act Sect.62 states:

Tribunal to give notice of decision and provide written reasons on request

(1) The Tribunal (including when constituted as an Appeal Panel) is to ensure that each party to proceedings is given notice of any decision that it makes in the proceedings.

(2) Any party may, within 28 days of being given notice of a decision of the Tribunal, request the Tribunal to provide a written statement of reasons for its decision if a written statement of reasons has not already been provided to the party. The statement must be provided within 28 days after the request is made.

(3) A written statement of reasons for the purposes of this section must set out the following–

(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based,

(b) the Tribunal‘s understanding of the applicable law,

(c) the reasoning processes that lead the Tribunal to the conclusions it made.

(4) Nothing in this section prevents the Tribunal from giving oral reasons or a written statement of reasons for a decision it makes even if it has not been requested to do so by a party.

 

B.The CAT Act defines a tribunal “decision” under CAT Act Sect.5

Sect.5 Meaning of “decision”

(1) In this Act,
“decision” includes any of the following–

(a) making, suspending, revoking or refusing to make an order or determination,
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission,

(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument,

(d) imposing a condition or restriction,

(e) making a declaration, demand or requirement,

(f) retaining, or refusing to deliver up, an article,

(g) doing or refusing to do any other act or thing.

 

C. In my interpretation of CAT Act Sect.5,a tribunal “decision” is given a very (very) broad meaning.

• CAT Act Sect.5.1.a. INCLUDES an “ORDER”
• CAT Act Sect.5.1.b. INCLUDES a “DIRECTION”
• CAT Act Sect.5.1.g. captures almost anything a member does

It would be very difficult to argue that any

• directions made prior to a hearing
• directions on a submissions timetable
• refusal to provide a self-represented,time poor,resource poor party reasonable time (SRNLPA) for submissions
• statements or opinions about the SRNLPA
  
• member breaches of conduct or statutory obligations

would NOT be the result of a CAT Act Sect.5 “decision” made by a member.

Consequently CAT Act Sect.62 requires the tribunal member to provide written reasons when a party requests reasons for those CAT Act Sect.5 “decisions”.

 

 

 

 

 

 

* Corruption as defined by ICAC Act Sect.7,8 & 9

* SRNLPA = Self Represented,Non-Legal Professional (time poor,resource poor) Applicants