NSW Civil and Administrative Tribunal

Penalties and contempt

NCAT has authority to issue civil penalties and hear proceedings for contempt.

If a person fails to comply with NCAT orders without lawful or reasonable excuse, the orders may be enforceable by bringing criminal, civil penalty or contempt proceedings. You should obtain legal advice if you are considering any of these options. 

Civil penalities

A 'civil penalty' is monetary fine that can be imposed for failing to comply with orders made by NCAT, or for contravention of a legislative provision.

NCAT can impose civil penalties under section 77 of the Civil and Administrative Tribunal Act 2013.  Civil penalty proceedings may be commenced only by the Minister or a person with the written consent of the Minister or another person or body authorised by the Minister to give consent.

False or misleading evidence

NCAT can impose a penalty if a person provides information or a statement that is false or misleading in an application or during proceedings (section 71 CIvil and Administrative Tribunal Act 2013)

Contravention of orders

If a person fails to comply with NCAT orders without lawful or reasonable excuse, they may be liable to the imposition of a civil penalty (section 72 Civil and Administrative Tribunal Act 2013).

Contempt

NCAT can make findings of contempt under section 73 of the Civil and Administrative Tribunal Act 2013

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