Tasmanian Civil and Administrative Tribunal Amendment Regulations 2025

Tasmanian Civil and Administrative Tribunal Amendment Regulations 2025

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Tasmanian Civil and Administrative Tribunal Act 2020 .

23 June 2025

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Justice

1.   Short title

These regulations may be cited as the Tasmanian Civil and Administrative Tribunal Amendment Regulations 2025 .

2.   Commencement

These regulations take effect on the day on which the Tasmanian Civil and Administrative Tribunal (Additional Jurisdictions) Act 2025 commences.

3.   Principal Regulations

In these regulations, the Tasmanian Civil and Administrative Tribunal Regulations 2021 are referred to as the Principal Regulations.

4.    Regulation 12 inserted

After regulation 11 of the Principal Regulations , the following regulation is inserted:

12.   Savings and transitional provisions consequent on the commencement of the Tasmanian Civil and Administrative Tribunal (Additional Jurisdictions) Act 2025

The savings and transitional provisions set out in Schedule 1 have effect.

5.    Schedule 1 inserted

After regulation 12 of the Principal Regulations , the following Schedule is inserted:

SCHEDULE 1 - Savings and Transitional Provisions

Regulation 12

1.   Interpretation

In this Schedule –

Amending Act has the same meaning as in section 161 of the Act;

2025 commencement day means the day on which the Amending Act commences;

Property Agents Tribunal means the Tribunal, within the meaning of the Property Agents and Land Transactions Act 2016 , as in force immediately before the commencement day;

relevant amended Act means an Act as in force before amended under the Amending Act.

2.   Unexercised rights continue

(1) On and after the 2025 commencement day, a person has a right to apply, appeal, or have a matter referred, to the Tribunal in respect of the matter if –

(a) that matter –

(i) is an application for the making of a decision at first instance concerning the matter; or

(ii) is an application for a review of a decision of another person or body; or

(iii) is an appeal against a decision of another person or body; or

(iv) immediately before the commencement day, may be referred under a relevant amended Act to another person or body for review or determination; and

(b) immediately before the 2025 commencement day –

(i) the person had a right under a relevant amended Act in respect of the matter; and

(ii) the matter was within the jurisdiction of a body other than the Tribunal; and

(c) the person had not exercised that right before the 2025 commencement day; and

(d) on and after the 2025 commencement day the right, under the relevant amended Act, to apply, appeal or have a matter referred to, in respect of that matter is within the jurisdiction of the Tribunal.

(2) For the avoidance of doubt, a matter under a relevant amended Act to which subclause (1) applies is allocated to the Division of the Tribunal specified, in relation to the relevant amended Act, under Schedule 2 or 3 of the Act.

3.   Matters before Property Agents Tribunal

(1) In this clause –

undetermined matter means a matter that was before the Property Agents Tribunal under Part 7 of the Property Agents and Land Transactions Act 2016 that, immediately before the 2025 commencement day, has not been withdrawn, abandoned or determined.

(2) On and from the 2025 commencement day, an undetermined matter is –

(a) taken to have been instituted or commenced, as proceedings, before the Tribunal; and

(b) is allocated to the General Division of the Tribunal in accordance with Schedule 2 of the Act; and

(c) is to be heard and determined instead by the Tribunal in accordance with the Act.

(3) Any record of proceedings kept or provided in respect of an undetermined matter, on and from the 2025 commencement day – 

(a) is taken to be information kept or provided for the purposes of proceedings under the Act; and

(b) may be regarded by the Tribunal for the purposes of this clause.

(4) Nothing in this clause prevents an undetermined matter from being withdrawn on or after the 2025 commencement day.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 June 2025

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Tasmanian Civil and Administrative Tribunal Regulations 2021 by providing transitional arrangements for the purposes of amendments made to the Tasmanian Civil and Administrative Tribunal Act 2020 .