Page 3571 - Week 08 - Thursday, 18 August 2011

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(4) How many residential tenancy dispute matters were appealed against by tenants and landlords, respectively, in (a) 2008-09, (b) 2009-10 and (c) 2010-11 and what percentage of those rulings were in favour of tenants and landlords, respectively.

(5) How does the number of appeals on residential tenancy matters compare to (a) mental health/guardianship and management of property matters, (b) administrative review/discrimination/occupational discipline matters and (c) energy and water (i) hardship and (ii) non hardship matters.

Mr Corbell: The answer to the member’s question is as follows:

1) Sections 89 and 90 of the ACT Civil and Administrative Tribunal Act 2008 require the General President of the Tribunal to allocate Tribunal members to a Tribunal for an application after considering,

a. the nature and complexity of the matter;

b. whether to allocate a member with special qualifications or experience.

A small group of members including the full time presidential members, the Tribunal Registrar acting as a non-presidential member and several part time sessional members have been identified by the General President as being by reason of previous experience or relevant qualifications and training, appropriate and suitable members to consider applications for residential tenancies disputes. Because of the volume of applications members are allocated to daily lists on a monthly roster approved by the General President. The General President takes into account the availability of the members, the volume and nature of the matters and the financial resources of the tribunal.

2) Assuming that the reference to ’ordinary members’ means non-presidential members, one to two days each week, depending on the number of new and part heard matters.

3) The answer to question 3 is as follows:

Details of how many matters each member has heard are not readily accessible. Considerable resources would need to be expended to extract this information.

4) The answer to question 4 is as follows:

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