Legislation and authorising laws

If you have a case at ACAT, you may need to find the legislation relevant to the proceeding. You can do this on the ACT Legislation Register.

ACAT legislation

The laws that establish ACAT, its powers and procedures are:

Need legal advice? Find out more about your representation and advice options.

Authorising laws

ACAT also has authorising laws that give ACAT jurisdiction, including the power to hear and decide applications and referrals.

Our authorising laws (current as at 25 January 2019) are listed below.

ACT Teacher Quality Institute Act 2010

ACT Teacher Quality Institute Regulation 2010

Adoption Act 1993

Agents Act 2003

Animal Diseases Act 2005

Animal Welfare Act 1992

Architects Act 2004

Associations Incorporation Act 1991

Australian Consumer Law

Births, Deaths and Marriages Registration Act 1997

Board of Senior Secondary Studies Act 1997

Boxing Control Act 1993

Building Act 2004

Building and Construction Industry (Security of Payment) Act 2009

Canberra Institute of Technology Act 1987

Casino Control Act 2006

Casino (Electronic Gaming) Act 2017

Cemeteries and Crematoria Act 2003

Charitable Collections Act 2003

Children and Young People Act 2008

Civil Unions Act 2012

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Clinical Waste Act 1990

Common Boundaries Act 1981

Community Housing Providers National Law, as applied in the ACT by the Community Housing Providers National Law (ACT) Act 2013

Community Title Act 2001

Construction Occupations (Licensing) Act 2004

Co-operatives National Law, as applied in the ACT by the Co-Operatives National Law (ACT) Act 2017

Corrections Management Regulation 2010

Court Procedures Act 2004

Crimes (Child Sex Offenders) Act 2005

Crimes Act 1900

Dangerous Goods (Road Transport) Act 2009

Dangerous Substances Act 2004

Dangerous Substances (Explosives) Regulation 2004

Disability Services Act 1991

Discrimination Act 1991

Domestic Animals Act 2000

Domestic Relationships Act 1994

Duties Act 1999

Education Act 2004

Education and Care Services National Law, as applied in the ACT by the Education and Care Services National Law (ACT) Act 2011

Electoral Act 1992

Electricity Safety Act 1971

Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

Emergencies Act 2004

Energy Efficiency (Cost of Living) Improvement Act 2012

Environment Protection Act 1997

Financial Management Act 1996

Firearms Act 1996

Firearms Regulation 2008

First Home Owner Grant Act 2000

Fisheries Act 2000

Food Act 2001

Freedom of Information Act 2016

Gambling and Racing Control (Code of Practice) Regulation 2002

Gaming Machine Act 2004

Gas Safety Act 2000

Gas Safety Regulation 2001

Government Procurement Act 2001

Guardianship and Management of Property Act 1991

Health Act 1993

Health Regulation 2004

Health Practitioner Regulation National Law, as applied in the ACT by the Health Practitioner Regulation National Law (ACT) Act 2010

Heavy Vehicle National Law (ACT), as applied in the ACT by the Heavy Vehicle National Law (ACT) 2013

Hemp Fibre Industry Facilitation Act 2004

Heritage Act 2004

Housing Assistance Act 2007

Human Rights Commission Act 2005

Interactive Gambling Act 1998

Intoxicated People (Care and Protection) Act 1994

Lakes Act 1976

Lands Acquisition Act 1994

Land Rent Act 2008

Land Tax Act 2004

Land Titles Act 1925

Legal Aid Act 1977

Legal Profession Act 2006

Legislative Assembly (Members' Superannuation) Act 1991

Liquor Act 2010

Litter Act 2004

Long Service Leave Act 1976

Long Service Leave (Portable Schemes Act) 2009

Medicines, Poisons and Therapeutic Goods Act 2008

Medicines, Poisons and Therapeutic Goods Regulation 2008

Mental Health Act 2015

Mental Health (Secure Facilities) Act 2016

Motor Accident Injuries Act 2019

Motor Sport (Public Safety) Act 2006

Nature Conservation Act 2014

Ombudsman Act 1989

Payroll Tax Act 2011

Pest Plants and Animals Act 2005

Planning and Development Act 2007

Powers of Attorney Act 2006

Prohibited Weapons Act 1996

Public Health Act 1997

Public Health Regulation 2000

Public Pools Act 2015

Public Unleased Land Act 2013

Race and Sports Bookmaking Act 2001

Racing Act 1999

Radiation Protection Act 2006

Rail Safety National Law, as applied in the ACT by the Rail Safety National Law (ACT) Act 2014

Rates Act 2004

Residential Tenancies Act 1997

Retirement Villages Act 2012

Retirement Villages Regulation 2013

Road Transport (General) Regulation 2000

Road Transport (Driver Licensing) Act 1999

Road Transport (Driver Licensing) Regulation 2000

Road Transport (General) Act 1999

Road Transport (General) Regulation 2000

Road Transport (Offences) Regulation 2005

Road Transport (Public Passenger Services) Act 2001

Road Transport (Public Passenger Services) Regulation 2002

Road Transport (Safety and Traffic Management) Regulation 2000

Road Transport (Third-Party Insurance) Act 2008

Road Transport (Vehicle Registration) Act 1999

Road Transport (Vehicle Registration) Regulation 2000

Road Transport (Safety and Traffic Management) Regulation 2000

Sale of Motor Vehicles Act 1977

Security Industry Act 2003

Spent Convictions Act 2000

Stock Act 2005

Surveyors Act 2007

Taxation Administration Act 1999

Territory Records Act 2002

Tobacco and Other Smoking Products Act 1927

Totalisator Act 2014

Traders (Licensing) Act 2016

Training and Tertiary Education Act 2003

Tree Protection Act 2005

Unclaimed Money Act 1950

Unit Titles Act 2001

Unit Titles (Management) Act 2011

Unlawful Gambling Act 2009

Utilities (Technical Regulation) Act 2014

Utilities Act 2000

Veterinary Surgeons Act 2015

Victims of Crime (Financial Assistance) Act 2016

Victims of Crime Regulation 2000

Waste Management and Resource Recovery Act 2016

Water and Sewerage Act 2000

Water Resources Act 2007

Work Health and Safety Act 2011

Work Health and Safety Regulation 2011

Workers Compensation Act 1951

Working with Vulnerable People (Background Checking) Act 2011

More information

Contact us for more information.

Glossary and terms

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

  1. income replacement benefits;
  2. treatment and care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.