Apply to NCAT to register a conciliation agreement made at the Anti-Discrimination Board for enforcement action.
Anti-discrimination cases are managed through NCAT's Administrative and Equal Opportunity Division.
If you and the other party came to an agreement after conciliation at the Anti-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 conciliation agreement to be registered. Once the agreement is registered you can have it enforced. For more information about enforcing orders, contact LawAccess NSW.
Download and complete a general application form and lodge your application at any NCAT Registry Office.
There is no fee payable to register a conciliation agreement. View the fees and charges schedule for more information.
You must apply to NCAT within 6 months from the date the conciliation agreement was made at the Anti-Discrimination Board.
If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.
Step by step guide to register a conciliated agreement made at the Anti-Discrimination Board.
When filling in the application form, you need to identify the parts of the conciliation agreement (the terms) you want registered.
NCAT can only register the terms the following terms of a conciliation 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 1977 (see s 108)
You must give the application, a copy of the conciliation agreement and NCAT's Notice of Hearing to the respondent.
You must file an affidavit of service with NCAT. The affidavit is a sworn statement that you have given the other party a copy of the application.
The respondent to the application must complete a response to the application and give a copy to you and NCAT before the hearing date.
If the respondent does not attend the registration hearing, NCAT 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, NCAT 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 at NCAT.
NCAT will send a Notice of Decision telling you the orders that have been made. The Notice will state whether one or more terms of the agreement have or have not been registered.
NCAT cannot provide legal advice. Find out how we can and cannot assist. Below are some organisations that can provide help or advice about your case.
05 Apr 2023
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