The NSW Civil and Administrative Tribunal ('NCAT') is a specialist tribunal that resolves various disputes and issues enforceable orders. It was established under the Civil and Administrative Tribunal Act 2013 (NSW) to streamline the work of 22 former tribunals into a single, accessible point for tribunal services in NSW. NCAT's goal is to provide simple, quick, and effective dispute resolution and review of administrative actions.
If you need to make a complaint about NCAT's service or the behaviour of its staff, you can do so. However, for resolving disputes through NCAT, it's often helpful to seek legal advice. This guide focuses on submitting complaints about NCAT's service or staff, not on the dispute resolution process.
What types of complaints can you make?
NCAT addresses complaints regarding service quality, staff conduct, procedural fairness, and facility accessibility, separate from its role in dispute resolution.
- Service: Expect timely and efficient service, clear communication, and access to necessary information. Service complaints arise when these expectations are not met.
- Conduct: Complaints can be lodged when NCAT members and staff fail to maintain respectful, impartial, and professional behaviour.
- Process: Concerns over procedural aspects of case management, including how hearings are conducted or the accessibility of tribunal processes.
- Facilities: Complaints usually concern the physical state and suitability of NCAT premises.
Additional Information:
Complaints cannot change a Tribunal decision. They only resolve issues about Tribunal services or conduct. For decision changes, seek independent legal advice about rights of set-aside, review, or appeal.
Jurisdiction:
NCAT addresses disputes, reviews, and complaints arising under NSW legislation. It handles cases involving individuals, businesses, or properties in NSW, with decisions enforceable within the state.
Time Limitations:
Submit complaints about Tribunal Members, Conciliators, Mediators, Registry staff, or NCAT services promptly after the incident.
This body does not handle:
- Decision-Making Process: Complaints cannot challenge the merits or legal correctness of a Tribunal decision. Formal appeals or judicial review processes are the appropriate avenues.
- Matters Outside NCAT’s Jurisdiction: Includes criminal matters, federal matters (e.g., immigration, family law), higher court matters, and specific industrial disputes.
Who can you make a complaint against?
You can make a complaint against:
- Tribunal Members: Adjudicate disputes, make decisions, and issue orders.
- Conciliators: Assist parties in resolving disputes before formal hearings.
- Mediators: Facilitate direct communication between parties to resolve disputes.
- Registry Staff: Provide administrative support, manage inquiries, and schedule hearings.
- NCAT Department Administrative or Management Staff: Handle service complaints regarding administrative and management functions.
- NCAT Department Procedural or Operational Management Staff: Handle process complaints related to procedural and operational management.
- NCAT Department Facilities Management: Handle complaints regarding the physical state and suitability of NCAT premises.
NCAT will not handle complaints about:
- Third-Party Complaints: Must relate to the complainant's direct experience.
- Legal Advice or Representation: Complaints about legal advice quality should go to legal professional bodies like the Law Society of NSW or the NSW Bar Association.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone directly involved in the proceedings or with direct dealings with NCAT services can make a complaint.
Direct Involvement:
You must have firsthand experience of the conduct or service issue.
Can a complaint be made on behalf of someone?
Yes, with the complainant’s written permission.
Specific Incident:
Relate to specific incidents or series of incidents.
Not Previously Resolved:
The issue should not have been previously resolved or adjudicated.
Good Faith:
Complaints should be made genuinely to resolve an issue, not for vexatious or frivolous reasons.
What can this body do to help?
This body may:
- Explain any action taken by NCAT: Detailing specific actions in response to a complaint.
- Give information about NCAT’s procedures and processes: Providing clarity on case management and resolution processes.
- Suggest a solution: Proposing solutions to address the complainant's concerns.
- Provide an explanation: Clarifying misunderstandings about NCAT's operations.
- Provide an apology: Issuing an apology for any mistakes or oversights.
- Provide information on external organisations who may assist: Directing complainants to appropriate external bodies.
- Review and if appropriate change NCAT’s process and procedures: Implementing changes to improve service delivery based on feedback.
NCAT will NOT:
- Change a decision based on a complaint
- Provide an opinion on the merits of your application
- Provide legal advice or influence a decision
How to prepare your complaint
Format:
All complaints must be in writing using the NCAT Complaint Form, available on the NCAT website, and submitted via email or post.
Personal Details:
Provide full name, address, and, if relevant, the NCAT file number for related proceedings.
Relevant Facts:
Describe the conduct, date(s), witnesses, and any supporting documentation.
What NOT to include:
Abusive or inflammatory language, opinions, irrelevant facts, or frivolous complaints.
Additional information you need to know:
All parties involved in the case will have access to the information provided in your complaint.
Lodging your complaint and next steps:
You can submit your complaint via:
- Online: Online application here
- Post: Form can be found here and submitted by email to ncatenquiries@ncat.nsw.gov.au or by post to:
Principal Registry,
Civil and Administrative Tribunal of NSW,
PO Box K1026,
Haymarket NSW 2000.
Next steps:
NCAT will acknowledge your complaint within 3 working days and aim to respond within 21-28 working days.
More information:
Refer to the factsheet provided below for more information.
