NCAT Overview and Structure

NCAT Overview

• NCAT stands for New South Wales Civil and Administrative Tribunal
• It was established on 1 January 2014
• NCAT's powers come from the Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Regulations 2013 (NSW), and Civil and Administrative Tribunal Rules 2014 (NSW)
• NCAT aims to provide a centralized point of access for most NSW Tribunal services
• NCAT seeks to be accessible and responsive to users
• NCAT resolves real issues in proceedings
• NCAT provides timely, fair, and consistent decisions
• NCAT consolidated the work of 22 separate tribunals

NCAT Structure

• NCAT has a membership structure with Presidential Members, Deputy Presidents, Principal Members, Senior Members, and General Members.
• The administrative structure includes a President, Executive Director/Principal Registrar, Rules Committee, Corporate Services, Registry Services, and Principal Registry
• NCAT has divisions including Administrative & Equal Opportunity, Consumer and Commercial, Occupational, and Guardianship
• Each division has a Division Head, Director/Registrar

NCAT Jurisdiction

• General Jurisdiction: Matters arising from enabling legislation
• Administrative Review Jurisdiction: Reviews administrative decisions under the Administrative Decisions Review Act 1997 (NSW)
• Appeal Jurisdiction: Reviews decisions made by NCAT (Internal Appeal) or external decision-makers (External Appeal)
• Enforcement Jurisdiction: Matters arising from breaches of NCAT rules, policies, and procedures; or, NCAT's civil penalty provisions

NCAT Guiding Principles

• NCAT's guiding principle is to facilitate the just, quick, and cheap resolution of real issues in the proceedings
• The tribunal considers the interests of both parties
• NCAT considers issues of proportionality
• NCAT considers costs
• NCAT considers the impact on the Tribunal when managing other applications

NCAT General Procedures

• NCAT is bound by principles of procedural fairness and natural justice
• NCAT ensures parties have a reasonable opportunity to be heard
• NCAT emphasizes informality
• NCAT does not place the burden of proof on any party
• NCAT does not impose a standard of proof (except for civil penalty matters)
• Tribunal members need only be 'comfortably satisfied' when determining matters

NCAT Open Justice

• NCAT hearings are generally open to the public (including media representatives)
• NCAT hearings can be conducted privately if deemed desirable due to confidential evidence or matter
• NCAT hearings may proceed in the absence of involved parties if issues can be determined
• NCAT hearings are usually oral

NCAT Parties

• Parties appearing in NCAT proceedings vary based on applications and matters
• NCAT has the power to join or remove parties during proceedings
• A party whose interests are affected may be considered a necessary or proper party
• A "party" in legal proceedings has rights such as receiving a notice of hearing

NCAT Representation

• Generally, a party is responsible for their case and is not entitled to representation
• Representation is only allowed if leave is granted by the Tribunal
• The Tribunal can impose conditions related to representation
• The Tribunal can revoke representation in certain circumstances
• NCAT strives to provide an accessible and efficient process with a focus on self-representation

NCAT Evidence

• NCAT is not bound by court rules of evidence (hearsay, relevance, opinion evidence) in most proceedings
• Evidence rules apply to certain NCAT proceedings, such as those involving enforcement jurisdiction or civil penalties

NCAT Costs

• NCAT is generally a "no costs" jurisdiction
• NCAT may award costs only if "special circumstances" exist (e.g., proceedings are frivolous, vexatious, misconceived, or lack substance)
• When applying for costs, parties must outline why special circumstances exist and provide evidence of incurred costs.

NCAT Guardianship Division

• Promotes rights of people with decision-making disabilities
• Facilitates substitute decision-making
• Reviews guardianship orders and financial management orders
• Provides consent for medical and dental treatment
• Reviews enduring powers of attorney and guardianship appointments
• Approves participation in clinical trials
• Section 4 of the 1987 NSW Guardianship Act requires considering welfare and interests foremost

NCAT Financial Management Applications

• NCAT financial management applications may be required in situations involving incapable persons in legal transactions, inadequate informal agreements, family disputes regarding finances, or risk of abuse/exploitation.
• Parties include applicant, concerned person, their spouse/carer/attorney, and the NSW Trustee
• NSW Trustee receives a copy of all applications
• No fees are payable to lodge a Financial Management Application
• NCAT has a detailed case management process for the applications, including coordinating parties, evidence gathering, setting hearing dates, and providing notifications
• The Tribunal determines capability to manage finances, need for management by another, and who should manage finances

NCAT Case Study - Jack's Story

• (Detailed case study of Jack's FM Application is provided in the slide summaries )

NCAT Hearing of a Financial Management Application

• Procedure, composition of Tribunal, and relevant questions
• (Detailed description of the hearing process and issues addressed is presented in the page summaries)

NCAT Financial Management Order

• Types of orders (dismissal, plenary, partial, interim, reviewable)
• Duration of the order expires under the various conditions (death, review, revocation, etc.)
• NCAT frequently provides support to parties
• NSW Trustee receives copies of the order and reasons

Appeals from the NCAT Guardianship Division

• Specific process, timelines for appeal and applicable Acts
• Decisions can be appealed to the Internal Appeals Panel or Supreme Court of NSW
• Appealing to one panel doesn't prohibit appeal to the other

Duration of a NCAT Financial Management Order

• The order is in force until various conditions are met (death, review, revocation, etc. )
• Registration provisions are indicated for interstate applications, if relevant

Conclusion

• A concise summary of the case study of Jack, an FM Application

Contact Details

• Contact information for NCAT and the Guardianship Division is provided, inclusive of website links and email addresses and phone numbers.

This quiz covers the New South Wales Civil and Administrative Tribunal (NCAT), its establishment, powers, and organizational structure. It explores how NCAT serves as a centralized point for tribunal services and ensures fair resolution of disputes. Learn about the membership and administrative structure of NCAT through this informative quiz.