The definitions on this page are for terms commonly used at NCAT and in Tribunal proceedings. Select a letter from the alphabetical list below to go to the list of words starting with that letter.
Alternative Dispute Resolution
Applications for the review of an NCAT decision. May be an internal appeal panel to NCAT or external appeal to a superior court.
The person or organisation that brings a matter before NCAT.
A request, complaint, referral or other initiating process lodged with NCAT.
The NCAT form used to make the application.
Australian Securities and Investment Commission. Visit the ASIC website for more information.
A conference convened by NCAT which the parties are required to attend to attempt to resolve their matter or narrow the issues in dispute.
A form of alternative dispute resolution. Conciliation is an informal and private meeting between the parties. The aim of conciliation is to reach an agreement and resolve the matter without the need for a hearing.
A Member or Officer of NCAT skilled in alternative dispute resolution. They help parties during conciliation to reach an agreement or to narrow the issues in dispute.
A decision made by NCAT to which all parties consent. This may or may not result from an ADR process.
The corporation fee applies to all organisations defined as a corporation by section 57A of the Corporations Act 2001 (Cth).
Daily hearing list
A list of matters due to be dealt with by NCAT on that day.
Decision on the papers
A decision based on the application, written submissions and supporting documents, made without a face to face hearing.
The person who made the original decision under an enabling Act this is to be reviewed by NCAT.
A person appointed as a full or part time Deputy President of NCAT. They may also be a Division Head.
Refer to Decision.
Instructions or orders given by NCAT concerning the future conduct of a matter.
Disciplinary proceedings involve the management of allegations or complaints against members of an occupation/profession that is regulated by an enabling law.
A list established under the NCAT Act for the management of a particular class of matters.
An Act that confers jurisdiction on NCAT. If there is an inconsistency between an enabling Act and the NCAT Act, the enabling Act prevails.
Statutory instruments (for example Acts and Regulations) that confer jurisdiction on NCAT.
Anything that is relied upon to support a party's matter, such as documents, affidavits, photographs, objects and verbal statements.
Ex tempore decision
Members who make a decision in a case immediately or shortly after the hearing are delivering an 'ex-tempore' decision. (From Latin, meaning 'on the spur of the moment, without premeditation').
Posting, hand delivering, electronically lodging or other means of registering a document with NCAT.
A hearing presided over by a member or members where evidence may be presented and witnesses called. NCAT may make an ex tempore decision or reserve its decision and issue written reasons at a later date.
An interlocutory or final hearing.
A person who is qualified to interpret for a party.
A hearing that may be conducted before the substantive hearing to determine interlocutory or procedural matters, for example a directions hearing.
Any member of NCAT who also holds an appointment as a judicial officer. This includes the NCAT President.
The matters over which NCAT has authority to deal with.
Any application lodged with NCAT.
A form of alternative dispute resolution that helps parties identify issues in dispute, develop options, consider alternatives and try to reach an agreement. A mediator has no advisory or determinative role in relation to the content of the matter but may advise on or guide the mediation process.
A Member or Officer of NCAT skilled in alternative dispute resolution who assists the parties to finalise their matter or narrow the issues in dispute through mediation.
A person appointed as a full time or part time member.
Administrative and Equal Opportunity
Consumer and Commercial
National Disability Insurance Scheme . Visit the NDIS website for more information.
Members of NCAT who do not hold appointment as a judicial officer.
Orders and directions made by NCAT, including the power to impose conditions and make ancillary orders.
Instructions given by an NCAT Member. Orders may be interlocutory (for example, directions for how the matter will proceed) or final (orders giving effect to a final decision or agreement).
An application to NCAT as primary decision maker to make a decision for the first time.
The making of an order, direction or determination for the first time.
An application whereby a decision or resolution is sought on any matter (other than an internal appeal application) that falls under the NCAT Act.
A person or organisation is a 'party' to the proceedings before NCAT if they are:
(a) the applicant or respondent
(b) joined to the proceedings
(c) granted leave to intervene in proceedings
(d) specified by the Act or the enabling Act to be a party
(e) an original decision-maker (where the proceeding is in the review jurisdiction).
Person appointed as the President of NCAT and who has the status of a Supreme Court Judge.
The sitting member of the Tribunal who solely constituted the Tribunal for dealing with a matter; or is the presiding member of a Tribunal consisting of more than one member dealing with a matter.
NCAT may issue documents called Procedural Directions to provide assistance to parties before the Tribunal and their representative concerning practice and procedure in the Tribunal.
A person appointed to the position of Principal Registrar under the NCAT Act. The Principal Registrar assists the President in the management of the Tribunal and is assisted by Divisional Registrars.
Part of the Tribunal that provides administrative and case management support to the dispute resolution and hearing functions.
A subordinate law that governs specific operations of NCAT and is authorised under the Civil and Administrative Tribunal Act 2013.
An agency or body that regulates an industry or profession and has the power to licence practitioners, employees or employers.
A person representing an applicant or respondent at a hearing.
The person or organisation to be affected or potentially bound by an order or decision made in a matter. In a review application, the respondent is generally the original decision maker.
Review of an administrative decision made by an original decision maker.
Matters in which NCAT reviews a decision made by an original decision-maker.
Rules specify usual procedures that must be followed when making applications to NCAT and in proceedings before NCAT.
Service or serving
To give or deliver a copy of documents to another party.
Hearing or group hearing conducted by NCAT.
A person who constitutes, or is one of the people constituting, the Tribunal for dealing with a matter or matters.
A hearing that is listed for a specific length of time. These hearings may run over a few hours or several days.
Stay of proceedings
An order that suspends proceedings until the outcome of an appeal or another action. A stay may be lifted and the proceedings resume. A stay may also be used to postpone proceedings indefinitely.
A party's argument and evidence presented to the Tribunal either orally or in writing.
A notice issued by NCAT directing a person or company to produce documents and/or attend and give oral evidence at a hearing.
NSW Civil and Administrative Tribunal
Related to occupations that are regulated by enabling laws.
An action to cease proceedings before NCAT. An applicant may seek to withdraw their application at any time before a decision is made.
A person who gives evidence at a hearing.
Written reasons for decision
A written statement explaining how the Tribunal Member(s) came to their decision.