The new tribunal includes, among others, the Consumer, Trader and Tenancy Tribunal (CTTT), the Guardianship Tribunal and the Administrative Decisions Tribunal.
Applications lodged in the CTTT before 1 January 2014 will be heard by NCAT and do not need to be re-lodged.
What has changed?
The former CTTT is now in the Consumer and Commercial Division of NCAT. Boarding house disputes and tenancy (private and social housing) disputes are both in this division, but still have separate application forms.
The new Tribunal is governed by the Civil and Administrative Tribunal Act 2013 (NSW) and Regulation. There are some important changes to fees and charges in the new Regulation. The application fee in a residential dispute remains the same ($38 or $5 for concession card holders), but there are increased fees for an appeal or to set aside a decision of the Tribunal.
Previously if a party in the CTTT wanted to challenge a decision, because they believed it was unfair or because they were not able to present their case, they would lodge an application for rehearing. The cost of a rehearing was the same fee as that for an application.
The new legislation makes a distinction between an internal appeal and an application to set aside the judgment. An internal appeal, which is challenging the decision of NCAT on the merits of the decision or on a question of law, goes to the Appeal Panel, a new body within NCAT. The time limit for making an internal appeal application is 14 days after receiving the decision. This costs $317 and there is no discount or concession.
If a party was unable to attend, they can lodge an application to set aside the judgment. The Tribunal can do this if it is satisfied that the party’s case was not adequately put to the Tribunal. When a judgment is set aside, a new hearing will be conducted. This application costs $78 and again there is no concession rate.
The time limit for an application to set aside the judgment is even shorter (seven days after the decision was made), making it very important for tenants to get advice quickly if they’ve received a judgment from a Tribunal hearing they did not attend. Extensions of time applications can be made but are discretionary.
Redfern Legal Centre is concerned that there is no pensioner or concession discount for appeals or applications to set aside a judgment. Service of a notice to attend the Tribunal can be by post, making it easy for tenants to miss notices to attend. The increased fees will make it more difficult for tenants to challenge decisions, including decisions to terminate their tenancy made in their absence. Tenants can make an application for the fees to be waived, but there must be special reasons.
What has not changed
The new Tribunal still has the primary aim of facilitating the just, quick and cheap resolution of disputes and still invites parties to engage in conciliation before the determination of the dispute. The Tribunal is still designed for parties to represent themselves.
Tenants who believe the changes to the Tribunal might affect them should contact their local tenancy service. Tenants in the Inner Sydney area should contact RLC’s Tenants Advice Service on 9698 5975.
