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Hello pmo
I have been watching your question drop down the forum list without reply and today it has ‘dropped right off’. In my opinion, in the dealings I’ve had with the CTTT/NCAT a solicitor/EC member has knowingly made false and misleading statements and in a subsequent Submission, under instructions from the respondents, another solicitor has basically done the same thing but most probably not knowingly in the latter case.
You might be interested in a document which has been submitted to a Parliamentary Hearing Committee in which the following question was asked on page 59 of a 62 page document:
“…have made false and misleading statements to the NCAT, discrediting the Applicant. Under Section 71 of the Civil and Administrative Tribunal Act 2013 this is not permitted. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both. And under Section 73 of the same Act, this is classified as Contempt of Tribunal. Can the Members of the Parliamentary Hearing Committee give one example of where these Sections of the Civil and Administrative Tribunal Act have been successfully implemented…or has there never been an example of a SMA providing false and misleading statements?”
A link for the document is here.
I wonder if someone can now help with a response?