Mrs SALLY QUINNELL (Camden) (16:01): The Civil and Administrative Tribunal Amendment Bill 2023 is crucial legislation that aims to implement recommendations derived from the statutory review of the Civil and Administrative Tribunal Act 2013. That review, tabled on 23 December 2021, recommended various minor and technical changes to enhance the effectiveness of the Act, streamline proceedings and make improvements to the occupational division and guardianship divisions of the NSW Civil and Administrative Tribunal. The report's recommendations were formulated with the primary goal of enhancing the operation of the Act and ensuring the swift, fair and cost-effective resolution of disputes within the NSW Civil and Administrative Tribunal. To ensure the success of the proposed amendments, extensive consultations and discussions were held with stakeholders, including the tribunal. A total of 94 submissions were received, underscoring the comprehensive approach taken in the review process.
I now turn to the particulars of the bill. Under schedule 1 [3], new section 38 (6) (a) will now contain the phrase "as far as practicable", emphasising the tribunal's duty to ensure that all relevant material disclosed applies with practicality in mind. That change will help avoid legal arguments regarding whether the tribunal took adequate steps to uncover relevant evidence, reducing delays and uncertainties in proceedings. Item [4] grants the president of the tribunal broader authority to reconstitute the tribunal during proceedings in certain situations. It allows the president to replace a member not only if they become unavailable or lack the required qualifications but also if the president directs the member not to participate in proceedings. That change facilitates flexibility in tribunal composition, optimising efficiency. Item [7] indicates that the tribunal will not be obligated to provide written reasons for certain decisions that are minor procedural matters or have no significant impact on a party's rights.
While transparency and accountability are important, that adjustment aims to strike a balance with the need for swift and cost-effective resolution. Decisions such as granting adjournments or making consent orders will be exempt from the requirement to provide reasons upon request. Item [8] clarifies the tribunal's power to correct obvious errors in notices of decisions or written statements of reasons. Notably, it includes the correction of inconsistencies between the stated name of a person in the notice or statement and their name on official identification documents. That change aims to reduce unnecessary delays, especially in the Guardianship Division, where timely decisions are vital to individuals' wellbeing. Items [9] and [11] provide clarity regarding the tribunal's power to prohibit or restrict the publication or broadcast of reports of proceedings. Importantly, they extend that power to include sound recordings and transcripts, leaving no room for ambiguity. The bill also emphasises that parties may not publish confidential reports provided by the tribunal, enhancing the protection of sensitive information.
Item [12] explicitly states that failing to comply with a tribunal summons without reasonable excuse constitutes contempt of the tribunal. It aligns the tribunal's authority with that of a court of law, ensuring the enforceability of its summons. Item [13] empowers the president to reallocate matters from the Administrative and Equal Opportunity Division of the tribunal to other divisions when necessary. That change provides flexibility to ensure that cases are heard by the division with the most relevant expertise, optimising outcomes for all parties involved. Items [14], [15] and [17] clarify the functions of the Occupational Division of the tribunal under the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform Law Application Act 2014. They ensure that the division exercises functions under both instruments. Item [16] clarifies how the tribunal should be constituted when conducting hearings related to complaints under the Legal Profession Uniform Law. It distinguishes between cases that require a three-member panel and those that can be handled by one or more members with judicial or professional qualifications, promoting efficiency and appropriateness in panel composition.
Item [20] allows the tribunal to be constituted by a one- or two-member panel for specific urgent matters related to guardianship under section 46A of the Guardianship Act 1987. That change streamlines the process, enabling swift decisions when necessary. Items [21] and [22] state the requirement for the tribunal to observe the general principles outlined in section 4 of the Guardianship Act 1987 when exercising functions under that Act. That ensures that the welfare and interests of individuals with disabilities are paramount and their views are considered during proceedings. Finally, item [23] grants the tribunal the power to dispense with the requirement to provide notice of a hearing under the Guardianship Act 1987 in situations where delay may pose a significant risk of harm to the person involved. That allows the tribunal to act promptly in cases where urgent intervention is required.
The Civil and Administrative Tribunal Amendment Bill 2023 encompasses a range of amendments aimed at enhancing the efficiency and effectiveness of the NSW Civil and Administrative Tribunal. The changes seek to strike a balance between transparency, accountability and the need for timely and cost-effective dispute resolution, ultimately benefiting the people of New South Wales. The bill is a creditable step towards improving the State's administrative and legal processes. I commend the bill to the House.
