Steps in registering an agreement

Administrative and Equal Opportunity Division

If you and the other party came to an agreement after conciliation at the An​ti-Discrimination Board, and the other party has not fulfilled their side of the agreement, NCAT may be able to help.

You can apply to NCAT for the agreement to be registered. Once the agreement is registered, it can be enforced as an order of the Tribunal. For more information about enforcing orders, contact LawAccess NSW.             

These a​re the steps you need to follow to register the conciliation agreement.

Step 1: Check the conciliation agreement date
Step 2: Fill in an application form 
Step 3: Give the application and the Notice of hearing on the other parties
Step 4: File an Affidavit of Service
Step 5: Receive a written response to the application from the other party
Step 6: Attend the registration hearing
Step 7: Receive a letter from NCAT telling you the orders that have been made​  

Step 1 Check the conciliation agreement date

You cannot apply to have an agreement registered more than 6 months after the date of the conciliation agreement.

Step 2 Fill in an application form

You must fill out a general application form. When filling in the form, you need to identify the parts of the conciliation agreement (the terms) that you want registered. 

The only terms of a conciliation agreement that can be registered are those that the Tribunal would have had power to order if the complaint had been heard by the Tribunal. This means the Tribunal can only register the following terms of an agreement:    

  • to pay compensation of up to $100,000
  • to stop any conduct that is unlawful by the Anti-Discrimination Act 1977
  • to do something to make up for any loss or damage suffered by the applicant
  • to publish an apology or a retraction
  • in respect of a vilification complaint, to develop and implement a program or policy aimed at eliminating unlawful discrimination
  • to declare void in whole or in any contract or agreement made in contravention of the Anti-Discrimination Act  (see s 108)         

Step 3 Give the application and the Notice of hearing on the other parties

You must give the application, a copy of the agreement and the Notice of Hearing to the respondent.

Step 4 File an Affidavit of Service

You must file an affidavit of service with the Tribunal. The affidavit is a sworn statement that you have given the other party a copy of the application.

Step 5 Receive a written response to the application from the other party

The respondent to the application must complete a  response to the application  and give a copy to you and the Tribunal before the hearing date.

Step 6 Attend the registration hearing

If the respondent does not attend the registration hearing, the Tribunal can still deal with the application as long as you have sent the respondent a copy of the application and you have filled out an affidavit of service.

When deciding whether to register the terms of a conciliation agreement, the Tribunal must be satisfied that:

  • the conciliation agreement has been recorded in writing
  • the agreement was signed within six months of a party applying to the Tribunal for registration of the agreement
  • a party to the agreement has not complied with the terms of the agreement
  • the terms are orders that the Tribunal could have made if the complaint had been heard in the Tribunal.

Step 7 Receive a letter from NCAT telling you the orders that have been made

You will receive a Notice of Decision in the mail stating whether one or more terms of the agreement have or have not been registered.