In all cases the question whether NTCAT has any jurisdiction in a matter will depend upon whether that jurisdiction has been conferred by an Act of Parliament.
NTCAT has two broad types of jurisdiction.
In its original jurisdiction NTCAT will consider and determines disputes and issues that have not been the subject of an earlier adjudication. A wide range of matters will be dealt with in the original jurisdiction, including: disputes between landlords and tenants under the Residential Tenancies Act; civil claims for sums up to $25,000; matters where misconduct is alleged against professionals; applications for guardianship orders for people with intellectual disabilities; disputes involving complaints of discrimination; and applications to enable the sale or redevelopment of unit complexes where not all unit title holders agree to that course.
In its review jurisdiction NTCAT will consider and determine applications for review of the merits of decisions made by government officers and form its own view as to what is the correct or preferable decision. It will reach that view by undertaking a thorough reconsideration of the matter during which it may consider facts and materials that were not considered by the original decision maker. The sorts of government decisions that may be reviewed by NTCAT will include: licensing decisions, planning decisions; and decisions about the payment of compensation to victims of crime. The review jurisdiction will also extend to the review of decisions made by NTCAT in its original jurisdiction.
NTCAT’s jurisdiction will expand over time with new jurisdictions progressively phased into its business. It is anticipated that the necessary legislative changes (involving amendment of over 100 Acts) will be substantially complete within two years.