Rights and obligations
When NCAT makes an order or decision, you have certain 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 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 of 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.
Many decisions can be appealed to NCAT's Internal Appeal Panel. The time limit for making an appeal varies depending on the type of proceeding. Learn more about making an internal appeal.
Other NCAT decisions can be appealed to the NSW Supreme Court, the NSW Land and Environment Court or the NSW 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 , 273.7 KB).
Other ways to change NCAT orders
If all the parties agree or the decision was made in your absence, you can ask for the orders to be set aside or varied. Time limits apply.
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.
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 of proceedings so that different orders can be made.
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.
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.
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.
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.
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.
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.