ACAT procedures are conducted in English. The Tribunal can only make arrangements to use an interpreter in limited circumstances.
The ACAT will arrange and pay for an interpreter in Mental Health and Guardianship and Energy and Water matters for the person that the case is about. This will be arranged on request or if the Tribunal itself deems it necessary or desirable.
Interpreters can be used for other cases but the person requiring the interpreter must arrange and pay for the service.
A case will not usually be adjourned because a party needs an interpreter but has not arranged one before attending a hearing or conference.
A telephone interpreter service is available by telephoning 131 450. A fee may be charged for this service.
To access Applications/Forms for this section, please click here.
In an appeal you ask the ACAT Appeals Tribunal to set aside the original decision however an appeal is not just a rehearing of the original dispute. For your appeal to succeed therefore you must convince the tribunal that an error was made in the original decision.
The appeals tribunal is made up of one or more presidential members or alternatively one or more presidential members and one or more non-presidential members.
To lodge an appeal you need to complete an Application for Appeal from an ACAT Decision form and pay the application fee. This will make you the appellant.
Your application form to the tribunal must state:
An appeal must be filed in the tribunal within 28 days after the decision is made although you may seek an extension of time if your application is accompanied by a statement that shows:
On a joint application by both parties, an appeal may be removed by the tribunal to the Supreme Court or the tribunal may refer the appeal to the Supreme court on a question of law that arises or when an application raises an issue of public importance.
If the original decision made by ACAT involved the review of a decision made under the Heritage Act 2004, the Planning and Development Act 2007 or the Tree Protection Act 2005 you must seek leave to appeal the ACAT decision to the Supreme Court on a question of law.
In order to conduct an appeal the appeal president may either set a date for an appeal conference or set a directions hearing.
If a date is set for an appeal conference, the appellant and each respondent must attend and at the conference the tribunal may make inquiries or require further information from a party or give directions it considers appropriate to have the appeal made ready for hearing.
Similarly if the appeal president sets a date for a directions hearing the tribunal may give directions it considers appropriate to have the appeal made ready for hearing or it may adjourn the hearing.
If you, the appellant, fail to comply with a direction from the tribunal the tribunal can dismiss the appeal, stay the appeal until you comply with the direction or even if you consider that further information is required the tribunal may still continue with the appeal based on the information it has at hand.
If the respondent fails to comply with a direction the tribunal can enter a default judgment in your favour or continue with the appeal in the absence of the information.
The appeal tribunal has all the powers and duties of the tribunal that made the original order. It can draw inferences of fact and receive further evidence about questions of facts orally in a hearing, by affidavit or in another way.
It can confirm, amend or set aside an order or make any other order that it considers appropriate.
If the appeal tribunal considers it has insufficient material before it to allow it to make a decision it may direct that the appeal be adjourned for further consideration, proceed on the material available or it may make a direction about the issues to be decided, take account or make such inquires as it considers appropriate.
Further information on appeals may be obtained by visiting the ACT Civil & Administrative Tribunal Procedure Rules, Part 8 of the ACT Civil & Administrative Tribunal Act 2008 and by following this link to the Appeal Flowchart.
