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Legislative Assembly for the ACT: 2021 Week 13 Hansard (Thursday, 2 December 2021) . . Page.. 4172 ..


ACT Civil and Administrative Tribunal–—performance(Question No 535)

Mrs Kikkert asked the Attorney-General, upon notice, on 12 November 2021:

(1) How many judgments determined by the ACT Civil and Administrative Tribunal (ACAT) have consequently been enforced by the Magistrates Court, for each of the past four years.

(2) Are there any other mechanisms to enforcing a judgment determined by ACAT, aside from seeking an enforcement of a judgment by the Magistrates Court; if so, what are they.

(3) How many civil disputes have been heard by ACAT that have exceeded the usual threshold of monetary claim of $25,000, for each of the past four years.

(4) How many of the disputes referred to in part (3), for each year the past four years, were due to agreement of all parties involved for ACAT to hear a claim above the usual monetary threshold and for the remaining disputes, what were the reasons for ACAT to hear a claim above the usual monetary threshold.

(5) In relation to an ACAT Client Satisfaction Survey that is currently being conducted, have there been any client satisfaction surveys conducted on ACAT in previous years; if so, what years and what was the feedback received, including positive comments, issues and suggestions for improvement.

(6) Can the Attorney-General provide a copy of the current survey and also each of any previous surveys conducted as attachments to the answer of this question.

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

(1) An enforcement creditor may apply to the Magistrates Court for orders for enforcement of an ACAT decision if the debt remains unpaid after the registered decision is served on the enforcement debtor.

The Magistrates Court makes orders to enable the enforcement creditor to enforce payment of the debt.

The number of ACAT decisions registered with the Magistrates Court and the number of orders for enforcement which the Magistrates Court made in the past four years are set out in the following table.

Financial year

2017-18

2018-19

2019-20

2020-21

ACAT decisions registered

560

665

525

423

Orders for enforcement made

196

227

149

156

In the context of figures provided, please note that:

1. on application by the enforcement creditor, the Magistrates Court may make more than one type of enforcement order on a single ACAT decision;

2. from April to July 2020, there was a temporary pause on enforcement hearings due to the COVID-19 pandemic; and


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