Consumer, Trader and Tenancy Tribunal of New South Wales
Encyclopedia
The Consumer, Trader and Tenancy Tribunal of New South Wales is a tribunal that specialises in resolving consumer disputes in New South Wales
, a state of Australia
. The tribunal has concurrent jurisdiction in respect of certain consumer claims with the normal civil courts of New South Wales. In other areas of consumer law, it has exclusive jurisdiction. It was created on 25 February 2002.
and the Residential Tribunal of New South Wales
. The former tribunals had been criticised in the New South Wales Parliament for being unresponsive and slow. The current tribunal is the latest attempt to improve consumer dispute resolution in New South Wales.
Registries of the tribunal are located in Sydney, Parramatta, Hurstville, Penrith, Liverpool, Newcastle, Wollongong and Tamworth. Applications may lodged at those registries.
The tribunal also sits at other country venues depending on the amount of work in those areas.
The Motor Vehicles Division handles disputes about new and used motor vehicles (including motor boats) and repairs. There is no maximum claim.
The Tenancy Division deals with breaches of leases, excessive rent increases, termination of the rental agreement, and the return of rental bonds. An order can be made up to $20,000 with respect to a rental bond or $10,000 for other matters.
The Home Building Division deals with matters under The Home Building Act 1989 (NSW). The tribunal has jurisdiction to $500,000.
The Commercial Division deals with disputes over credit contracts under the Consumer Credit (New South Wales) Act 1995 (NSW)(which is also known nationally in Australia as the Consumer Credit Code of Australia) and the Credit Act 1984 . The Division also deals with disputes over the licensing and conduct of travel agents under the Travel Agents Act 1986 (NSW) , and commission fees charged by real estate agents licensed under the Property, Stock and Business Agents Act 1941 (NSW).
The Strata and Community Schemes Division deals with disputes under the Strata Schemes Management Act 1996 (NSW). These disputes relate to strata by-laws, maintenance levies, reallocation of unit entitlements, and alterations to common property.
The Retirement Villages Division deals with disputes under the Retirement Villages Act 1999 (NSW). It deals with issues such the terms of a retirement village contract, the legality of a village rule, and the sale or lease of premises by a resident.
The Residential Parks Division deals with disputes under the Residential Parks Act 1998 (NSW). Issues for dispute may involve the terms of the residential tenancy agreement, notices of termination, alterations and additions to dwellings, rent issues, rental bonds, and so on.The Residential Parks Division is rather unique as it is one of the few divisions that has group hearings. Group hearings often have large numbers of applicants, and these applicants are usually represented by an advocate. These advocates normally work for organisations like the Tenants Advice Services, the Affiliated Residential Park Residents Association
or the Northern Alliance of Park Residents Association.
on a question of law.
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The tribunal has concurrent jurisdiction in respect of certain consumer claims with the normal civil courts of New South Wales. In other areas of consumer law, it has exclusive jurisdiction. It was created on 25 February 2002.
History
The tribunal was created by the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW). It replaced the former Fair Trading Tribunal of New South WalesFair Trading Tribunal of New South Wales
The Fair Trading Tribunal of New South Wales was a tribunal that had jurisdiction to deal with consumer disputes in New South Wales. It was established on 1 March 1999 and it was abolished on 25 February 2002.-History:...
and the Residential Tribunal of New South Wales
Residential Tribunal of New South Wales
The Residential Tribunal of New South Wales was a tribunal which had jurisdiction to deal with tenancy disputes in New South Wales. It replaced the Residential Tenancies Tribunal of New South Wales on 1 March 1999....
. The former tribunals had been criticised in the New South Wales Parliament for being unresponsive and slow. The current tribunal is the latest attempt to improve consumer dispute resolution in New South Wales.
Constitution
The tribunal consists of a Chairperson and Deputy Chairpersons. Senior Members and Members are also appointed to the tribunal. Senior members hear more complex cases. The tribunal may also use assessors to determine particular issues. Assessors are generally experts in the field that there is a dispute in.Structure
The Tribunal has eight Divisions, ie. General, Motor Vehicles, Tenancy, Home Building, Commercial, Strata and Community Schemes, Residential Parks, and Retirement Villages. Some of the Divisions limit the amount of money that may be claimed (eg. $25,000 in the General Division and $500,000 in the Home Building Division), but others have no upper limit.Registries of the tribunal are located in Sydney, Parramatta, Hurstville, Penrith, Liverpool, Newcastle, Wollongong and Tamworth. Applications may lodged at those registries.
The tribunal also sits at other country venues depending on the amount of work in those areas.
Divisional structure
The General Division deals with consumer claims in relation to goods and services, which may include faulty goods and work by traders not performed properly. The tribunal can award a maximum of $25,000.The Motor Vehicles Division handles disputes about new and used motor vehicles (including motor boats) and repairs. There is no maximum claim.
The Tenancy Division deals with breaches of leases, excessive rent increases, termination of the rental agreement, and the return of rental bonds. An order can be made up to $20,000 with respect to a rental bond or $10,000 for other matters.
The Home Building Division deals with matters under The Home Building Act 1989 (NSW). The tribunal has jurisdiction to $500,000.
The Commercial Division deals with disputes over credit contracts under the Consumer Credit (New South Wales) Act 1995 (NSW)(which is also known nationally in Australia as the Consumer Credit Code of Australia) and the Credit Act 1984 . The Division also deals with disputes over the licensing and conduct of travel agents under the Travel Agents Act 1986 (NSW) , and commission fees charged by real estate agents licensed under the Property, Stock and Business Agents Act 1941 (NSW).
The Strata and Community Schemes Division deals with disputes under the Strata Schemes Management Act 1996 (NSW). These disputes relate to strata by-laws, maintenance levies, reallocation of unit entitlements, and alterations to common property.
The Retirement Villages Division deals with disputes under the Retirement Villages Act 1999 (NSW). It deals with issues such the terms of a retirement village contract, the legality of a village rule, and the sale or lease of premises by a resident.
The Residential Parks Division deals with disputes under the Residential Parks Act 1998 (NSW). Issues for dispute may involve the terms of the residential tenancy agreement, notices of termination, alterations and additions to dwellings, rent issues, rental bonds, and so on.The Residential Parks Division is rather unique as it is one of the few divisions that has group hearings. Group hearings often have large numbers of applicants, and these applicants are usually represented by an advocate. These advocates normally work for organisations like the Tenants Advice Services, the Affiliated Residential Park Residents Association
Affiliated Residential Park Residents Association
The Affiliated Residential Park Residents Association Incorporated is an incorporated non-profit association with a registered office in Port Macquarie, New South Wales, Australia....
or the Northern Alliance of Park Residents Association.
Procedure
Parties are normally expected to run their own cases and pay their own costs, although legal representatives are allowed and costs may be awarded in certain circumstances. These restrictions are intended to make the Tribunal process quick, informal and affordable. Parties usually appear in person, but may also appear by telephone in certain circumstances.Review
A party who disagrees with the determination of the Tribunal can apply for a rehearing if specific criteria are met. An appeal may be lodged with the District Court of New South WalesDistrict Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
on a question of law.