Privacy policy

Information privacy

ACAT hearings are usually open to the public. Review our information about public hearings and confidentiality.

Documents on ACAT case files may be inspected in certain circumstances. For further information, see our policy about access to documents on an ACAT case file. We also have a media information package.

The Information Privacy Act 2014 (the Act) only applies in relation to an act done, or a practice engaged in, by ACAT in relation to a matter of an administrative nature.

ACAT is administered by the ACT Courts and Tribunal within the Justice and Community Safety (JACS) Directorate. The JACS Privacy Policy [PDF 625KB] sets out how the Directorate manages personal information when performing its functions.

Website information privacy

The Australian Capital Territory Government seeks to adhere to the Guidelines for Federal and ACT Government World Wide Web sites developed by the Federal Privacy Commissioner.

This privacy statement applies to all users who access this web site.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, please contact us.

Cookies

This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses cookies and JavaScript code to enable analysis on usage of this website.

The data collected about your use of this website, (including your IP address) will be transmitted to and stored on Google's servers. Google uses this data for the purpose of compiling reports on website activity and providing other services relating to website activity and internet usage.

Google will not collect personal information about you and the reports provided by Google will only contain aggregate non personal data about your use of our websites. (These reports may contain data relating to pages viewed, files downloaded or the completion of online subscriptions).

We use the data collected by Google Analytics to improve how our websites function. For example we use the data to check whether visitors experience problems finding information and make access to information as easy as we can.

Google may transfer this data to third parties where required to do so by law, or where third parties process this data on Google's behalf. Google will not associate your IP address with any personal information you may have previously provided to Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this, you may not be able to fully use this website.

By using our websites, you consent to the processing of data about you by Google in the manner and for the purposes stated.

Information collected

When you browse our web sites, our system automatically makes a record of your visit and logs the following information for statistical purposes:

  • your server address
  • top level domain name (e.g. .com, .net, .gov, .au etc)
  • the type of browser and operating system you used
  • date and time of your visit
  • the previous site visited
  • which pages are accessed
  • the time spent on individual pages and the site overall
  • which files were downloaded.

No attempt will be made to identify individual users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency (e.g. Australian Federal Police) exercises a warrant to inspect our service provider's log files. This information is analysed to determine the web site's usage statistics.

We collect no personal information about you unless you choose to take part in an activity that asks for information, such as:

  • sending an email
  • participating in a survey
  • undertaking a payment or other transaction
  • suggesting a link.

If you choose not to take part in these kinds of activities your ability to use the website won’t be affected.

Other sites

This site contains links to external web sites. The Australian Capital Territory Government is not necessarily responsible for the privacy practices or the content of such websites. For more information, refer to our disclaimer.

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.

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’.

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

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.

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.

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.

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.

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

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

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.