NSW Civil and Administrative Tribunal (NCAT)

Rights and obligations

When NCAT makes an order or decision that affects you, you have the following rights and obligations.

You must comply with the orders

NCAT orders are final and binding.  You must comply with the orders, unless you have a lawful or reasonable excuse not to do so.

If you do not comply with the orders:

  • This may be a criminal offence
  • You may be liable to the imposition of a civil penalty
  • You may be found guilty of contempt of the Tribunal, resulting in a fine or imprisonment

Ask for written reasons

Written reasons set out the Tribunal's findings, the applicable law and reasoning process that lead to the Tribunal to its decision.  

You can ask NCAT to give you a 'written statement of reasons' for the decision if reasons were not provided with the Tribunal's orders.

Make your request in writing to NCAT addressed to the Registrar. Requests must be made within 28 days after receiving the notice of the decision.

Appeal against the orders

If you are dissatisfied with the Tribunal's orders, you may be able to appeal the decision. You can also request a stay of the orders while the appeal is being considered.

Internal appeals

Many decisions can be appealed to NCAT's Internal Appeal Panel.  The time limit for making an appeal is 14 or 28 days after receiving notice of the decision or reasons for decision. Learn more about making an internal appeal.

Other appeals

Others NCAT decisions can be appealed to the NSW Supreme Court, Land and Environment Court or District Court.  Some decisions can be appealed either to the Supreme Court or to NCAT.  There may be appeal rights in other legislation, depending on the type of proceedings.  

For more information read the NCAT Internal Appeals Guideline [PDF 218kB].

Other ways to change NCAT orders

Set aside or vary decision

If all the parties agree or the decision was made in your absence, you can ask for the orders to be set aside or variedTime limits apply.

Review of guardianship or financial management orders

You can ask for a review of the Tribunal's order appointing a guardian or financial manager. This can happen if circumstances have changed and the original order is no longer working or appropriate. Learn more about applying for a review.

Renewal of proceedings

If the other party does not comply with a work order (to provide goods or services) in the Consumer and Commercial Division, you can ask for a renewal or proceedings so that different orders can be made.  

Reinstatement

If your case was dismissed because you did not appear at the hearing, you can ask NCAT to reinstate the proceedings. You will need to give a reasonable explanation to the Tribunal for your failure to appear. Time limits apply.

Judicial review

In appropriate cases, you can apply to the NSW Supreme Court for a judicial review of NCAT's decision. The Supreme Court may refuse that application, even if there has been some error, if you have not tried appealing first.  

Enforcement options

Money orders   

Orders for the payment of money can be enforced by registering a certified copy of the order with the NSW Local Court or District Court. Learn more about requesting a certified money order.

Warrants for possession

Orders for termination and possession of a premises can be enforced by requesting a warrant for possession.  A warrant authorises a Sheriff’s Officer to enter the premises and take all necessary steps to remove the tenant or resident from the premises. Learn more about warrants for possession.

Non-money orders in anti-discrimination cases

Orders made in an anti-discrimination case which are not for the payment of money can be registered as a judgement of the Supreme Court.  You can request for a certified copy of the order can be made by contacting the NCAT Registry

Criminal, civil penalty and contempt proceedings

If a person fails to comply with NCAT orders without lawful or reasonable excuse, the orders may be enforceable by bringing criminal, civil penalty or contempt proceedings.  You should obtain legal advice if you are considering any of these options.

Other enforcement options 

Check the Act under which your order is made for further enforcement options.  For example, section 97E of the Community Land Management Act 1989 (NSW) and cl 13(3) of Sch 5 to the Health Practitioner Regulation National Law (NSW) provide additional enforcement options for orders made under those laws.