Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Administrative
Appeals Tribunal Amendment Bill 2002
A Bill for
An Act to amend the
Administrative Appeals
Tribunal Act 1989
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Administrative Appeals Tribunal Amendment Act
2002.
This Act commences on 1 July 2003.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Administrative Appeals Tribunal Act
1989.
4 Interpretation
for ActSection 3 (1), new
definitions
insert
application, for division 4.5 (Land, planning and environment
applications)—see section 49B.
registered mediator—see the Mediation Act 1997,
dictionary.
insert
Part 1A Objects and important
concepts
3A Main objects of Act
The main objects of this Act are—
(a) to establish an independent administrative appeals tribunal;
and
(b) to review decisions made by decision-makers under enactments if
authorised by enactments; and
(c) to ensure that the AAT is accessible; and
(d) to ensure that proceedings in the AAT are efficient, effective and as
informal as possible; and
(e) to ensure decisions of the AAT are fair; and
(f) to foster an atmosphere in which administrative review is viewed
positively as a way of enhancing the delivery of services and programs;
and
(g) to encourage, and bring about, compliance by administrators with
Territory laws.
3B Role and main object of land and planning
division
(1) The land and planning division of the tribunal forms part of the
planning and land system within the ACT.
(2) The main object of the land and planning division of the tribunal is
to contribute to the orderly and sustainable development of the ACT by making
decisions that are consistent with the land and planning system and with the
social, environmental and economic background of the ACT.
6 DivisionsSection
17 (4)
substitute
(4) The provisions of this Act (other than division 4.5) apply to each
division of the tribunal.
Note Div 4.5 applies only to applications for review of decisions
under the Land (Planning and Environment) Act 1991 and the Tree
Protection (Interim Scheme) Act 2001.
7 New
division 4.1 heading
insert
Division 4.1 Review, applications and
parties
8 New
division 4.2 heading
after section 30, insert
Division 4.2 Mediation and hearings before
tribunal
substitute
33A Mediation generally
omit
mediator
substitute
registered mediator
omit
subsection (1)
substitute
this Act
12 New
division 4.3 heading
before section 40, insert
Division 4.3 Powers of
tribunal
renumber as section 39A and relocate after section 39
14 New
division 4.4 heading
after section 44A, insert
Division 4.4 After end of tribunal
proceeding
insert
Division 4.5 Land, planning and environment
applications
49A Application of div 4.5
This division applies to applications for review by the tribunal of a
decision under the following Acts:
• Land (Planning and Environment) Act 1991
• Tree Protection (Interim Scheme) Act 2001.
Note The rest of pt 4 also applies to applications for review of a
decision under the Acts mentioned in this section (see s 17 (4)).
49B Meaning of application for div
4.5
In this division:
application means an application for review of a decision
under any of the following Acts:
• Land (Planning and Environment) Act 1991
• Tree Protection (Interim Scheme) Act 2001.
49C Time for deciding land, planning and environment
applications
(1) The tribunal must decide an application within 120 days after the day
the application is made.
(2) However, the president may, in writing, extend the period for deciding
the application if satisfied that the extension is in the interests of
justice.
(3) If the tribunal does not decide the application within the 120 days,
the president must ensure that the tribunal’s annual report for the year
when the application was decided includes—
(a) details of the period of time it took to decide the application;
and
(b) if the 120 day period was extended under subsection (2)—the
reasons for the extension.
(4) A failure to comply with this section in relation to an application
does not affect the validity of a decision on the application.
(5) In this section:
tribunal’s annual report means the annual report
presented by the tribunal under the Annual Reports (Government Agencies) Act
1995, section 8 (Annual reports of public authorities).
49D Mediation for land, planning and environment
applications
(1) Before hearing an application, the tribunal—
(a) must consider whether the application is suitable for mediation;
and
(b) if the tribunal considers the application is suitable for mediation
and that it is reasonably likely that the application may be resolved by
mediation—may, on its own initiative, refer the application to a
registered mediator and direct the parties to the application to attend the
mediation.
(2) Also, the tribunal may refer the application to a registered mediator
and direct the parties to attend the mediation on application by a
party.
49E Costs in land, planning and environment
proceedings
(1) The tribunal may award costs of an application or part of an
application against a party to the application that contravenes a tribunal
direction.
(2) However, the tribunal may award costs under subsection (1) only if
satisfied that it is in the interests of justice to do so.
(3) Costs are payable at the prescribed scale of costs set out in the
Supreme Court Rules, schedule 3 (Costs).
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
[Index]
[Search]
[Download]
[Related Items]
[Help]