A Bill making a range of improvements to the operation, efficiency and effectiveness of the Consumer, Trader and Tenancy Tribunal was introduced into Parliament today. 

The Minister for Fair Trading, Linda Burney, said the reforms set out in the Consumer, Trader and Tenancy Tribunal Amendment Bill are the result of a review of the legislation that provides the framework for the Tribunal’s operations as well as a separate operational review of the Tribunal itself. 

The Tribunal was set up in 2002 as an independent body to hear disputes about retail transactions, motor vehicle purchase and repair, credit matters, agents’ and conveyancers’ fees, residential tenancies, home building, strata and community schemes, residential parks and retirement villages.

“Together, the reforms will ensure we continue to have the premier consumer claims tribunal in Australia,” Ms Burney said.

“The reviews involved extensive consultation with Tribunal stakeholders and made recommendations for improvement to systems and processes making the Tribunal more effective in dealing with disputes.” 

Some of the significant reforms include:

• enhancing the qualification requirements for members of the Tribunal by requiring that they have ability or experience in alternative dispute resolution procedures
• establishing a Professional Practice and Review Committee to advise on member training, complaints and performance management 
• a requirement for sound recording of Tribunal proceedings to increase transparency of proceedings and to help resolve complaints
• creation of a new Social Housing Division that will enable these specialised and often complex cases to be dealt with appropriately without delaying mainstream tenancy matters
• allowing for a second rehearing application to be made if there is new evidence of a substantial injustice that may be suffered by a party to Tribunal proceedings.

Other miscellaneous reforms will streamline the Tribunal’s administrative procedures enabling it to provide better and faster services to the parties in dispute, especially where they have been able to reach an agreement before their hearing.

Ms Burney said the Tribunal Chairperson will now be able to delegate some of the Tribunal members’ administrative type functions to the Registrar. 

“In most matters, the Tribunal’s qualified conciliators bring the parties together before their hearing to help them try to achieve a mutually agreed settlement. Instead of having to go before a Tribunal member to ask for their agreement to be ratified as an order, the order giving effect to the settlement will be able to be issued by the Registrar. 

“This will be a much quicker and less stressful process for the parties and will increase the Tribunal’s overall efficiency. 

“To ensure that CTTT Members are kept aware of new developments and changes in the expertise surrounding the wide range of issues they preside over, enhanced training and performance management programs will now be provided.”

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