Occupancies

Before you apply

An occupant or grantor can apply to ACAT for orders about occupancy disputes.

If the dispute is about an education provider occupancy agreement and a university dispute resolution process applies, the application cannot be made unless the dispute has not been resolved under that process within a reasonable period of time.

An occupant can apply to the ACT Human Rights Commission to resolve an occupancy dispute through conciliation at any time.

What is an occupancy agreement?

An occupancy dispute is a dispute between the parties to an occupancy agreement about the occupancy.

The Residential Tenancies Act 1997 sets out what kind of rental property agreements are occupancy agreements. The Act also sets out requirements such as when an written agreement must be used or receipts given, as well as general occupancy principles.

Find out more about occupancy agreements on the Justice and Community Safety Directorate (JACs) website. There is information about occupancy agreements, mandatory occupancy principles, security deposits and condition reports, dispute resolution, education provider and residential park occupancy agreements.

An occupancy dispute can be about the responsibilities under the written agreement or requirements under the Residential Tenancies Act 1997.

Where do I go next?

If your dispute is about the refund of a security deposit lodged with ACT Rental Bonds you should first contact ACT Rental Bonds.  ACAT can hear and decide disputes about security deposits that are referred from ACT Rental Bonds. There is no fee payable on a referral.

An occupant or grantor can apply directly to ACAT (a fee may be payable) if the dispute is about any kind of occupancy dispute, for example:

An occupant can make a complaint to the ACT Human Rights Commission (the Commission) about any type of occupancy dispute, at any time.  There is no fee for a complaint. The Commission may try to resolve the complaint by conciliation.  There is more information about making an occupancy complaint available here.

Orders to give effect to a conciliation agreement

If an occupancy complaint is resolved by conciliation, the Commission will:

  • help make a written record of the agreement for all parties to sign
  • give a copy of the agreement to the parties and a copy to ACAT.

ACAT keeps a register of conciliation agreements received from the Commission. When we register a conciliation agreement we will send you a copy with the registration details.

If you are a party to a registered conciliation agreement, you can ask ACAT for orders to give effect to the agreement. To do this, fill in and lodge an application for interim or other orders form [PDF 56KB] and tell us:

  • the registrations details for the conciliation agreement
  • the orders that you are asking for
  • the reason you are asking for these orders.

If ACAT receives an application for orders to give effect to a conciliation agreement we will contact the grantor and occupant to advise of the next steps. Usually the application will be scheduled for a short directions hearing. You may also be required to attend a conference or hearing on another day.

Referring a closed complaint to ACAT

If an occupancy complaint is not resolved and is closed by the Commission, the occupant has 60 days to ask the Commission to refer the complaint to ACAT. There is no fee for a referral.

In exceptional cases, ACAT may accept an occupancy complaint referral later than 60 days. The occupant will need to fill in and lodge a late application for an occupancy complaint to be heard [PDF 271KB].

ACAT may grant the application for late referral only if it is satisfied on reasonable grounds that exceptional circumstances prevented the complainant from requesting that the complaint be referred by the Commission to ACAT within the 60-day period. ACAT will also ask the other party for their view. ACAT may hold a short hearing to decide whether to grant the application for late referral.

More information

Find out about:

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.

DecisionWhat the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

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.

GuardianA guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

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.

ManagerA manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

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.

OrderA direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

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.

Protected personA person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

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.