Extract from response in relation to enforcement of orders
I also note your comments about enforcing NCAT orders in strata matters. By way of background, Section 202 of the Strata Schemes Management Act 1996 (repealed) allowed the applicant for the original order to ask the Tribunal to require a person to pay a civil pecuniary penalty if the person contravened an order of an Adjudicator under Chapter 5 of the 1996 Act. The 1996 Act was repealed on 30 November 2016 and replaced by the 2015 Act. No such provision exists in the 2015 Act, although an Owners Corporation may seek a civil penalty for contravention of a by-law under section 147 of the 2015 Act.
The enforcement of NCAT orders is provided for in Part 5 of the CAT Act and I draw your attention to Division 1-3. A party should seek legal advice before considering any of the options contained in the Divisions. A party may also seek to renew the proceedings if an order is not complied with. Information about renewing is on NCAT’s website at <u>http://www.ncat.nsw.qov.au.</u>
Yours sincerely
Principal Registrar and Executive Director NSW Civil & Administrative Tribunal
NCAT seem to be aware of s 73.