Tenancy matters! The case for transferring tenancy disputes from the Magistrates Court to TASCAT is a detailed analysis of whether the jurisdiction of the Residential Tenancy Act 1997 (the Act), which currently lies with the Magistrates Court and the Residential Tenancy Commissioner should partly or fully be transferred to the Tasmanian Civil and Administrative Tribunal (TASCAT).

It finds that delays, lack of consistency and transparency of decision making and the daunting nature of the Magistrates Court dissuades parties to tenancy disputes from seeking justice.

However, the proposed transferral of powers to TASCAT must be accompanied by changes to the Act, which in its current state and compared to similar legislation in other States and Territories is skeletal, leaves important matters ambiguous, and fails to provide appropriate remedies and processes for dispute resolution.

The writing and publication of this report was made possible through a grant from the Tasmanian Government.

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