ADMINISTRATIVE APPEALS TRIBUNAL ACT, 2026

CAYMAN ISLANDS ADMINISTRATIVE APPEALS TRIBUNAL ACT, 2026 (Act 10 of 2026) Supplement No. 7 published with Legislation Gazette No. 16 dated 24th March, 2026. PUBLISHING DETAILS Page 2 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 CAYMAN ISLANDS ADMINISTRATIVE APPEALS TRIBUNAL ACT, 2026 (Act 10 of 2026) Arrangement of Sections Section Page PART 1 - PRELIMINARY 1. Short title and commencement ..................................................................................................7 2. Interpretation .............................................................................................................................7 3. Relationship with other Acts .......................................................................................................8 PART 2 – ADMINISTRATIVE APPEALS TRIBUNAL Division 1 – Establishment of Tribunal 9 4. Tribunal established ...................................................................................................................9 5. Jurisdiction ................................................................................................................................9 6. Tribunal to operate throughout Islands .......................................................................................9 7. Objectives of Tribunal ................................................................................................................9 8. Independence of Tribunal ..........................................................................................................9 Division 2 – Membership and structure of Tribunal 9 9. Membership ...............................................................................................................................9 10. President may establish divisions ............................................................................................ 10 11. Qualifications of members ....................................................................................................... 10 12. Functions of President and Deputy President .......................................................................... 10 13. Duration of appointment........................................................................................................... 11 c Act 10 of 2026 Page 3 Arrangement of Sections Administrative Appeals Tribunal Act, 2026 14. Vacation of office ..................................................................................................................... 11 15. Removal from office ................................................................................................................. 11 16. Validity of acts ......................................................................................................................... 11 17. Delegation ............................................................................................................................... 11 18. Remuneration .......................................................................................................................... 12 Division 3 – Registrar and staff 12 19. Registrar .................................................................................................................................. 12 20. Secretariat and staff................................................................................................................. 12 Division 4 - Assessors 12 21. Appointment of assessors ........................................................................................................ 12 22. Functions of assessors ............................................................................................................ 12 PART 3 - APPEALS Division 1 – Obligations of decision makers 13 23. Information about appealable decision ..................................................................................... 13 24. Statement of reasons for decision ............................................................................................ 13 Division 2 – Starting an appeal 14 25. Grounds for appeal .................................................................................................................. 14 26. Starting an appeal ................................................................................................................... 14 27. Who constitutes the Tribunal for an appeal .............................................................................. 14 28. Who presides at a proceeding ................................................................................................. 15 29. Effect of an appeal on decision ................................................................................................ 15 Division 3 – Manner and outcome of appeal 15 30. Conduct of appeal ................................................................................................................... 15 31. Determination of appeal ........................................................................................................... 16 32. Effect of determination ............................................................................................................. 16 33. Reconsideration of decision ..................................................................................................... 16 34. Appeal to Grand Court ............................................................................................................. 17 Division 4 – Procedures of Tribunal 17 35. Tribunal may determine own procedures ................................................................................. 17 36. Principles for conducting proceedings ...................................................................................... 17 37. Tribunal to ensure parties informed.......................................................................................... 17 38. When hearing may be dispensed with ..................................................................................... 17 39. Power to adjourn proceedings ................................................................................................. 18 40. Sittings .................................................................................................................................... 18 41. Proceedings to be heard in public ............................................................................................ 18 42. Interpreters .............................................................................................................................. 18 43. Electronic hearings and proceedings on documents ................................................................ 18 44. Tribunal may make orders for private hearing, non-publication ................................................ 18 45. Preserving subject matter of proceedings ................................................................................ 19 46. Interlocutory orders .................................................................................................................. 19 47. Security as to costs.................................................................................................................. 19 48. Conditional and ancillary orders ............................................................................................... 19 49. Disclosure of interests - assessors........................................................................................... 19 50. Disclosure of interests - members ............................................................................................ 19 51. Directions for conduct of proceeding ........................................................................................ 19 52. Frivolous, vexatious or improper proceedings .......................................................................... 20 53. Decisions and reasons for decisions ........................................................................................ 20 Page 4 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 54. Publication ............................................................................................................................... 20 55. Proof of decisions and orders .................................................................................................. 20 56. Power to issue summons ......................................................................................................... 20 57. Witnesses ................................................................................................................................ 21 58. Parties ..................................................................................................................................... 21 59. Person may be joined as party ................................................................................................. 21 60. Person may intervene in proceeding ........................................................................................ 21 61. Representation ........................................................................................................................ 21 62. Parties bear own costs............................................................................................................. 22 63. Tribunal may make costs orders .............................................................................................. 22 64. Costs order against representative .......................................................................................... 22 65. Costs of assessor .................................................................................................................... 22 66. Rules ....................................................................................................................................... 23 67. Practice directions ................................................................................................................... 23 PART 4 - MISCELLANEOUS 68. Protection from liability and indemnity ...................................................................................... 23 69. Protection from liability for disclosure ....................................................................................... 24 70. Confidentiality .......................................................................................................................... 24 71. Annual report ........................................................................................................................... 24 72. Seal ......................................................................................................................................... 24 73. Regulations ............................................................................................................................. 25 c Act 10 of 2026 Page 5 Administrative Appeals Tribunal Act, 2026 Section 1 (Act 10 of 2026) CAYMAN ISLANDS I Assent, Jane Owen Governor Date: 19th March, 2026 ADMINISTRATIVE APPEALS TRIBUNAL ACT, 2026 (Act 10 of 2026) AN ACT TO ESTABLISH THE ADMINISTRATIVE APPEALS TRIBUNAL; TO PROVIDE FOR THE TRIBUNAL’S MEMBERSHIP, JURISDICTION, POWERS AND PROCEDURES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY 1. Short title and commencement 1. (1) This Act may be cited as the Administrative Appeals Tribunal Act, 2026. (2) This Act comes into force on such date as may be appointed by Order made by the Cabinet and different provisions of this Act may be brought into force on different days and for different purposes. 2. Interpretation 2. In this Act — “affected person”, in relation to an appealable decision, means a person who has a right under a relevant Act to appeal the decision to the Tribunal; c Act 10 of 2026 Page 7 Section 3 Administrative Appeals Tribunal Act, 2026 “appealable decision” means a decision that may be appealed to the Tribunal under a relevant Act; “assessor” means an assessor appointed under section 21; “attorney-at-law” means a person admitted to practise as an attorney-at-law under section 3(1) of the Legal Practitioners Act (2022 Revision); “chief officer” means the chief officer of the judicial administration appointed under the Public Service Management Act (2018 Revision); “decision maker” means the person or body that makes an appealable decision; “Deputy President” means the Deputy President of the Tribunal mentioned in section 9(1)(b); “JLSC” means the Judicial and Legal Services Commission established by section 105 of the Constitution; “legal member” means a member of the Tribunal mentioned in section 9(1)(c); “member” means a member of the Tribunal mentioned in section 9; “ordinary member” means a member of the Tribunal mentioned in section 9(1)(d); “party” means a party to a proceeding before the Tribunal under section 58(1); “President” means the President of the Tribunal mentioned in section 9(1)(a); “Registrar” means the Registrar of the Tribunal mentioned in section 19; “relevant Act” means an Act that confers jurisdiction on the Tribunal to hear an appeal against an appealable decision; “rules” means the rules of the Tribunal made under section 66; “Rules Committee” means the Rules Committee of the Grand Court established under section 19 of the Grand Court Act (2015 Revision); and “Tribunal” means the Administrative Appeals Tribunal established by section 4. 3. Relationship with other Acts 3. (1) If there is an inconsistency between this Act and a relevant Act, the relevant Act prevails to the extent of the inconsistency. (2) A relevant Act may modify the operation of this Act in relation to any matter, including — (a) the jurisdiction of the Tribunal; (b) the powers and procedures of the Tribunal; and (c) the time required for doing anything under this Act. Page 8 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 4 PART 2 – ADMINISTRATIVE APPEALS TRIBUNAL Division 1 – Establishment of Tribunal 4. Tribunal established 4. The Administrative Appeals Tribunal is established. 5. Jurisdiction 5. The Tribunal has the jurisdiction conferred on it by this or any other Act. 6. Tribunal to operate throughout Islands 6. The Tribunal shall facilitate access to its services throughout the Islands, and may sit at any place in the Islands. 7. Objectives of Tribunal 7. The objectives of the Tribunal are to — (a) ensure that appeals are processed and resolved as quickly, and with as little cost to parties, as possible while achieving a just outcome; (b) be accessible to the public, including people with special needs; (c) promote the best principles of public administration; (d) use straightforward language and procedures; and (e) act with as little formality and technicality as possible. 8. Independence of Tribunal 8. (1) The Tribunal is not subject to the direction or control of any person or authority in exercising its jurisdiction. (2) A member is not subject to the direction or control of any person or authority in the exercise of the member’s powers or the performance of the member’s functions. Division 2 – Membership and structure of Tribunal 9. Membership 9. (1) The Tribunal consists of the following members — (a) the President; (b) the Deputy President; (c) at least two other legal members; and (d) as many ordinary members as are required. c Act 10 of 2026 Page 9 Section 10 Administrative Appeals Tribunal Act, 2026 (2) The President, Deputy President and legal members of the Tribunal are appointed by the Cabinet acting on the advice of the JLSC. (3) The ordinary members of the Tribunal are appointed by the Cabinet. 10. President may establish divisions 10. (1) The President may establish divisions of the Tribunal to hear different classes of matters. (2) The President may assign members to one or more divisions and may vary the assignment at any time. 11. Qualifications of members 11. (1) A person is eligible for appointment as the President or the Deputy President if the person — (a) is Caymanian, within the meaning of section 2 of the Immigration (Transition) Act (2022 Revision); and (b) is qualified for appointment as a Judge under section 6 of the Grand Court Act (2026 Revision). (2) A person is eligible for appointment as a legal member if the person — (a) is an attorney-at-law; and (b) has at least five years of post-qualification experience, either in the Islands or in another jurisdiction mentioned in section 3(1) of the Legal Practitioners Act (2022 Revision). (3) A person is eligible for appointment as an ordinary member if the person — (a) holds significant experience or qualifications relevant to the work of the Tribunal; and (b) holds any additional experience or qualifications prescribed by the regulations. (4) A person is not eligible for appointment as a member if the person — (a) is an undischarged bankrupt, either in the Islands or elsewhere; or (b) has been convicted, either in the Islands or elsewhere, of an offence other than a summary offence for which the person was not sentenced to a period of imprisonment. 12. Functions of President and Deputy President 12. (1) The President has the following administrative functions — (a) to be primarily responsible for the administration of the Tribunal; (b) to manage the work of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it carries out its functions; Page 10 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 13 (c) to manage the members and staff of the Tribunal; (d) to issue practice directions for the Tribunal; and (e) any other functions conferred on the President by this or any other Act. (2) The Deputy President has the following administrative functions — (a) to assist the President in the operations of the Tribunal; and (b) any other functions conferred on the Deputy President by this or any other Act. 13. Duration of appointment 13. (1) The President and Deputy President hold office for the period, of not less than five years, specified in the instrument of appointment and are eligible for reappointment. (2) A member other than the President or Deputy President holds office for the period, not less than three years, specified in the instrument of appointment and is eligible for reappointment. 14. Vacation of office 14. A person ceases to be a member if — (a) the person resigns by giving written notice to the Cabinet; (b) the person’s term of office expires and the person is not reappointed; (c) the person is removed from office under section 15; or (d) the person ceases to be eligible for appointment under section 11. 15. Removal from office 15. (1) Subject to subsection (2), the Cabinet may remove a member from office for inability to discharge the functions of the member’s office or for serious misbehaviour. (2) The Cabinet may only remove a legal member from office on the advice of the JLSC. 16. Validity of acts 16. The Tribunal’s exercise of its jurisdiction is not affected only by reason of a vacancy in the membership of the Tribunal or a defect in the appointment of a person as a member. 17. Delegation 17. The President may delegate his or her administrative functions under this Act to the Deputy President or a legal member. c Act 10 of 2026 Page 11 Section 18 Administrative Appeals Tribunal Act, 2026 18. Remuneration 18. (1) A member is entitled to the remuneration and other entitlements prescribed by Order made by the Cabinet. (2) The remuneration prescribed by the Cabinet shall not exceed any limits set by the Governor in accordance with section 18 of the Public Service Management Act (2018 Revision). Division 3 – Registrar and staff 19. Registrar 19. (1) The chief officer may, in accordance with the Public Service Management Act (2018 Revision), appoint a person to be the Registrar of the Tribunal. (2) The Registrar has the following functions — (a) to assist the President in the administration of the Tribunal; (b) to manage the registry and records of the Tribunal; and (c) any other function as directed by the President or specified under the rules. 20. Secretariat and staff 20. (1) The Tribunal is to be supported by a Secretariat. (2) The chief officer may, in accordance with the Public Service Management Act (2018 Revision), appoint staff members to the Secretariat. Division 4 - Assessors 21. Appointment of assessors 21. (1) With the approval of the chief officer, the President may, in writing, appoint a person to be an assessor for an appeal or a class of appeals to provide specialist or technical advice to the Tribunal. (2) The President may appoint a person to be an assessor only if the President is satisfied that the person holds suitable qualifications, or has suitable knowledge or experience, to advise the Tribunal. 22. Functions of assessors 22. (1) The Tribunal may ask an assessor to — (a) give expert evidence in an appeal; or (b) give advice about a matter that is the subject of an appeal. Page 12 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 23 (2) In asking an assessor to give advice under subsection (1)(b), the Tribunal may ask the assessor to conduct an inquiry or investigation into a specified matter and give a written report of the assessor’s findings to the Tribunal. (3) The Tribunal shall disclose any advice given by an assessor to the parties to the appeal and give each party an opportunity to respond to the advice before deciding the appeal. PART 3 - APPEALS Division 1 – Obligations of decision makers 23. Information about appealable decision 23. (1) This section applies if a decision maker makes an appealable decision under a relevant Act. (2) The decision maker is required to give each affected person written notice of — (a) the decision; (b) the person’s right to appeal the decision to the Tribunal; and (c) the person’s right to request a statement of reasons for the decision. (3) If an affected person is not readily identifiable or cannot be readily located, the decision maker complies with subsection (2) if the decision maker takes reasonable steps to give the notice. (4) A decision maker’s failure to comply with this section does not affect the validity of the appealable decision. (5) If this Act and the relevant Act both require the decision maker to give notice of a decision, the decision maker is only required to give the notice once. 24. Statement of reasons for decision 24. (1) An affected person in relation to an appealable decision may request a written statement of reasons for the decision from the decision maker. (2) The request shall be made within twenty-eight days after notice of the decision was given. (3) The decision maker shall comply with the request within twenty-eight days after receiving the request. (4) The decision maker’s written statement shall contain the following — (a) the reasons for the decision; and (b) any findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based. c Act 10 of 2026 Page 13 Section 25 Administrative Appeals Tribunal Act, 2026 (5) If this Act and the relevant Act both require the decision maker to give a statement of reasons, the decision maker is only required to give the statement once. Division 2 – Starting an appeal 25. Grounds for appeal 25. (1) An affected person in relation to an appealable decision may appeal the decision to the Tribunal on the grounds that the decision is — (a) erroneous in law; (b) unreasonable; or (c) contrary to the principles of natural justice. (2) The relevant Act may specify additional grounds for appeal. 26. Starting an appeal 26. (1) An appeal shall be commenced within twenty-eight days after the later of the following — (a) the day the affected person was notified of the decision by the decision maker; or (b) if the affected person requested a written statement of reasons for the decision under this Act or the relevant Act, the earlier of the following — (i) the day the written statement is given to the affected person; or (ii) the day by which the written statement was required to have been given to the affected person. (2) The President may extend the time for commencing an appeal by up to fourteen days, subject to any requirements of the rules. 27. Who constitutes the Tribunal for an appeal 27. (1) Subject to subsection (2), when an appeal is commenced, the President shall assign one or more members to constitute the Tribunal for the appeal. (2) If the regulations prescribe a minimum number of members required to constitute the Tribunal for a particular class of appeal, the President shall assign at least the minimum number of members. (3) The President may only assign a member to constitute the Tribunal for an appeal if the member holds the experience and qualifications prescribed by the regulations for the class of appeal. (4) If the President assigns one member to constitute the Tribunal, the President shall assign the President, the Deputy President or a legal member. Page 14 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 28 (5) If the President assigns more than one member to constitute the Tribunal — (a) at least one member shall be the President, the Deputy President or a legal member; and (b) the number of members shall be an odd number. (6) A member cannot be assigned to constitute, or be one of the members constituting, the Tribunal if the member was — (a) the decision maker in relation to the relevant appealable decision; or (b) a member of a body that was the decision maker in relation to the relevant appealable decision. 28. Who presides at a proceeding 28. (1) If the Tribunal is constituted by two or more members, the presiding member is — (a) the most senior member, determined by order of precedence; or (b) if the President nominates a different member, that member. (2) The order of precedence is as follows — (a) President; (b) Deputy President; (c) legal member (in order of date of appointment if there are two or more legal members); and (d) ordinary member (in order of date of appointment if there are two or more ordinary members). 29. Effect of an appeal on decision 29. Subject to the relevant Act, the commencement of an appeal in the Tribunal does not stay the operation of the relevant appealable decision unless the Tribunal orders otherwise. Division 3 – Manner and outcome of appeal 30. Conduct of appeal 30. (1) An appeal against an appealable decision shall be conducted as specified in the relevant Act. (2) The Tribunal may — (a) examine the evidence or the material before the decision maker; and (b) in the case of an appeal conducted by rehearing, consider any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit. c Act 10 of 2026 Page 15 Section 31 Administrative Appeals Tribunal Act, 2026 31. Determination of appeal 31. (1) After hearing an appeal, the Tribunal may — (a) confirm the decision; (b) vary the decision; or (c) set aside the decision and — (i) substitute its own decision; or (ii) send the matter back to the decision maker for reconsideration in accordance with any recommendations the Tribunal considers appropriate. (2) The Tribunal may make any consequential orders it considers appropriate. (3) The fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the reconsidered decision from being an appealable decision. 32. Effect of determination 32. (1) Subject to section 33, if the Tribunal confirms the decision, no further appeal against the decision can be commenced in the Tribunal by any person. (2) If the Tribunal varies or substitutes the decision, the decision — (a) is taken to be the decision of the decision maker; and (b) unless the Tribunal orders otherwise, has effect from the time when the original decision would have had effect. (3) Despite subsection (2)(a), the varied or substituted decision is not an appealable decision. 33. Reconsideration of decision 33. (1) A party to a proceeding may apply to the President for a decision of the Tribunal to be reconsidered on the grounds that the decision was based on a fundamental error of fact. (2) The application shall be made within fourteen days after the Tribunal made the decision. (3) If the President is satisfied, on the face of the application, that the decision was based on a fundamental error of fact, the President may refer the decision back to the Tribunal for reconsideration. (4) On reconsideration of the decision, the Tribunal may — (a) confirm the decision; (b) vary the decision; or (c) set aside the decision and substitute a new decision. Page 16 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 34 34. Appeal to Grand Court 34. (1) A party to a proceeding may appeal to the Grand Court against a decision of the Tribunal on a question of law. (2) A person may appeal only with the leave of the Grand Court. Division 4 – Procedures of Tribunal 35. Tribunal may determine own procedures 35. Subject to this Act, the rules or a relevant Act, the Tribunal may determine its own procedures. 36. Principles for conducting proceedings 36. (1) In conducting a proceeding, the Tribunal shall act fairly and according to the substantial merits of the matter that is the subject of the proceeding. (2) The Tribunal — (a) shall comply with the rules of natural justice; (b) may inform itself in any way it considers appropriate and is not bound by the rules of evidence; (c) shall act with as little formality and technicality, and with as much speed, as the requirements of this Act, the relevant Act and a proper consideration of the matter permit; and (d) shall ensure, so far as is practicable, that all relevant material is disclosed to the Tribunal to enable it to decide the proceeding. 37. Tribunal to ensure parties informed 37. The Tribunal shall — (a) take reasonable steps to ensure that the parties to a proceeding have a reasonable opportunity to understand the nature of the matter under consideration; (b) take reasonable steps to ensure that the parties to a proceeding understand the nature of any assertions made in the proceedings and the legal implications of those assertions; and (c) explain to the parties, if requested to do so, any aspect of the procedure of the Tribunal, or any decision or direction made by the Tribunal. 38. When hearing may be dispensed with 38. Subject to the rules, the Tribunal may determine an appeal without holding a hearing if — c Act 10 of 2026 Page 17 Section 39 Administrative Appeals Tribunal Act, 2026 (a) it appears to the Tribunal that the issues for determination can be adequately determined in the absence of the parties; and (b) the parties consent to the appeal being determined without a hearing. 39. Power to adjourn proceedings 39. The Tribunal may adjourn a proceeding at any time and to any place. 40. Sittings 40. The Tribunal may sit at the times and in the places in the Islands determined by the President, including at different places at the same time. 41. Proceedings to be heard in public 41. The hearing of a proceeding shall be open to the public unless the Tribunal orders otherwise under section 44. 42. Interpreters 42. Unless the Tribunal directs otherwise, a party or a party’s representative may be assisted in a proceeding by an interpreter or by another person who is needed to make the proceeding intelligible to that party or representative. 43. Electronic hearings and proceedings on documents 43. The Tribunal may allow the parties or their representatives or any witnesses to participate in a proceeding by means of telephone, video link, or any other system or method of communication. 44. Tribunal may make orders for private hearing, non-publication 44. (1) The Tribunal may make orders — (a) for a hearing, or part of a hearing, be held in private; (b) prohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal; (c) prohibiting or restricting the publication of evidence given before the Tribunal; or (d) excluding any person from a proceeding or any part of a proceeding. (2) The Tribunal may only do so if the Tribunal considers that the order is necessary — (a) in the interest of justice; (b) by reason of the confidential nature of the evidence to be given before the Tribunal; (c) to expedite proceedings of the Tribunal; or (d) for any other reason. Page 18 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 45 45. Preserving subject matter of proceedings 45. (1) The Tribunal may make any order that may be necessary to preserve the subject matter of a proceeding, or to protect the interests of a party, until questions arising in a proceeding have been determined. (2) The Tribunal may make the order on the application of a party or on its own initiative. 46. Interlocutory orders 46. The Tribunal may make interlocutory orders. 47. Security as to costs 47. The Tribunal may order a party to a proceeding to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party. 48. Conditional and ancillary orders 48. The Tribunal’s power to make a decision in a proceeding includes a power to — (a) impose conditions on the decision; and (b) make an ancillary order or direction the Tribunal considers appropriate. 49. Disclosure of interests - assessors 49. (1) This section applies if an assessor has or acquires an interest that may conflict with the performance of the assessor’s functions in a proceeding. (2) The assessor shall disclose the nature of the assessor’s interest to the President. (3) The assessor shall not perform any function as an assessor in the proceeding except with the consent of all parties to the proceeding. 50. Disclosure of interests - members 50. (1) This section applies if a member who constitutes, or is one of the members constituting, the Tribunal for a proceeding has or acquires an interest that may conflict with the performance of the member’s functions in the proceeding. (2) The member shall disclose the nature of the member’s interest to the President, or, if the member is the President, the Deputy President. (3) The member shall not constitute, or be one of the persons constituting, the Tribunal for the proceeding except with the consent of all parties to the proceeding having disclosed the interest to the parties. 51. Directions for conduct of proceeding 51. (1) The Tribunal may give a direction at any time in a proceeding and do whatever is necessary for the expeditious and fair conduct of the proceeding. c Act 10 of 2026 Page 19 Section 52 Administrative Appeals Tribunal Act, 2026 (2) The Tribunal may give a direction on its own initiative or at the request of a party. (3) A directions hearing may be held for the purposes of this section before any other hearing in a proceeding. 52. Frivolous, vexatious or improper proceedings 52. (1) This section applies if the Tribunal considers that a proceeding — (a) is frivolous, vexatious, misconceived or lacking in substance; (b) is being made for an improper purpose; or (c) is otherwise an abuse of process. (2) The Tribunal may dismiss the proceeding on the application of a party or on its own initiative. (3) If the proceeding is dismissed, another proceeding of the same kind in relation to the same matter cannot be commenced without the leave of the President. 53. Decisions and reasons for decisions 53. (1) All decisions and orders made by the Tribunal shall be issued under the seal of the Tribunal. (2) The Tribunal shall give its decision, the reasons for the decision and any relevant findings of fact in writing to the parties to the proceeding within twenty-eight days after the hearing of a proceeding. (3) The validity of a decision of the Tribunal is not affected merely because of a failure to comply with subsection (2). (4) The Tribunal may request an extension of the time limit mentioned in subsection (2) from the President. 54. Publication 54. The Tribunal may publish its final decision in a proceeding, with or without the reasons for the decision, in any way it considers appropriate. 55. Proof of decisions and orders 55. A document that is certified by the Registrar to be a copy of a decision or order of the Tribunal shall be accepted in any legal proceedings as a true copy of the decision or order of the Tribunal, in the absence of proof to the contrary. 56. Power to issue summons 56. The Tribunal may, on the application of a party or on its own initiative, issue a summons requiring a person to do either or both of the following — (a) appear before the Tribunal to give evidence; or (b) produce a document or thing specified in the summons. Page 20 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 57 57. Witnesses 57. The Tribunal may require a witness to — (a) take an oath or make an affirmation before giving evidence; and (b) answer a question put by a member or a person appearing before the Tribunal. 58. Parties 58. (1) A person is a party to a proceeding before the Tribunal if the person is — (a) the person appealing the relevant appealable decision; (b) the decision maker in relation to the relevant appealable decision; (c) a person joined in the proceeding by order of the Tribunal under section 59; (d) a person intervening in the proceeding under section 60; or (e) any other person specified in this Act or the relevant Act to be a party to the proceeding. (2) Subsection (1) applies subject to the rules. 59. Person may be joined as party 59. (1) The Tribunal may order that a person be joined as a party to a proceeding if the Tribunal considers that — (a) the person should be bound by, or have the benefit of, a decision of the Tribunal in the proceeding; (b) the person’s interests are affected by the proceeding; or (c) it is desirable for any other reason for the person to be a party. (2) The Tribunal may make an order under this section on the application of any person or on its own initiative. 60. Person may intervene in proceeding 60. (1) A person may intervene in a proceeding with the leave of the Tribunal. (2) The Tribunal may grant a person leave to intervene — (a) on the grounds specified in the rules; and (b) on any conditions the Tribunal considers appropriate. 61. Representation 61. (1) A party to a proceeding before the Tribunal is entitled to appear — (a) personally; (b) by an attorney-at-law; or c Act 10 of 2026 Page 21 Section 62 Administrative Appeals Tribunal Act, 2026 (c) with the leave of the Tribunal and subject to the rules, by another representative. (2) Unless otherwise determined by the Tribunal, a person appearing before the Tribunal may be assisted by another person as a friend. 62. Parties bear own costs 62. Subject to sections 63 to 65, parties bear their own costs in a proceeding before the Tribunal. 63. Tribunal may make costs orders 63. (1) If the Tribunal considers that a party caused unreasonable delay or obstruction before or during a proceeding, the Tribunal may order the party to pay the reasonable costs of the other party arising from the delay or obstruction. (2) If the Tribunal decides an appeal in favour of the appellant, the Tribunal may order the other party to pay the filing fee for the appellant. (3) The Tribunal may make a costs order in other circumstances if the Tribunal considers it is necessary, in the interests of justice, to make an exception to the presumption that parties bear their own costs. (4) The Tribunal, before making a costs order, shall take into account — (a) the main objectives of the Tribunal that are relevant to simplifying proceedings and issues before the Tribunal and to keeping costs to parties to a minimum; and (b) the need to ensure that proceedings are fair and that parties are not disadvantaged by proceedings that have little or no merit. 64. Costs order against representative 64. The Tribunal may make a costs order against a representative of a party if the representative acted in, or delayed, the proceeding in a way that resulted in unnecessary costs. 65. Costs of assessor 65. (1) The Tribunal may make an order requiring a party to a proceeding to pay or contribute to the Tribunal’s costs of obtaining an assessor’s assistance. (2) The Tribunal may only make an order under subsection (1) if — (a) before obtaining the assistance of the assessor, the Tribunal advised the party of — (i) the Tribunal’s intention to obtain the assistance; (ii) the estimated costs of obtaining the assistance; and (iii) the estimated amount of the party’s payment or contribution; and Page 22 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 66 (b) the Tribunal gave the party an opportunity to be heard on the matter of obtaining the assistance. 66. Rules 66. (1) The Rules Committee may make rules for this Act. (2) The rules may, subject to this Act or a relevant Act — (a) regulate pleading, practice and procedure in the Tribunal; (b) prescribe forms to be used in any proceedings before the Tribunal; (c) subject to subsection (3), prescribe the fees of the Tribunal; (d) regulate matters relating to costs; (e) regulate the taking, giving and admission of evidence; and (f) provide for such other matters as may be reasonably necessary for or incidental to the administration of this Act. (3) A rule prescribing fees does not have effect until it has been approved by the Cabinet. (4) The rules — (a) do not come into force until they have been published in the Gazette; and (b) shall also be published on the Tribunal website and the Government website. 67. Practice directions 67. (1) The President may issue such practice directions for the Tribunal as the President considers necessary or convenient for the operation of the Tribunal. (2) If there is an inconsistency between a practice direction and the rules, the rules prevail to the extent of the inconsistency. PART 4 - MISCELLANEOUS 68. Protection from liability and indemnity 68. (1) Neither the Tribunal nor a member is civilly or criminally liable for anything done or omitted to be done in the discharge of their respective functions or powers unless it is shown that the act or omission was negligent or in bad faith. (2) The Government shall indemnify each member against all claims, damages, costs, charges or expenses incurred for an act done or omitted to be done in good faith in the exercise of a power or performance of a function as a member. c Act 10 of 2026 Page 23 Section 69 Administrative Appeals Tribunal Act, 2026 69. Protection from liability for disclosure 69. If a person produces a document or other material under a requirement of this Act, the person is not civilly or criminally liable, or in breach of a professional code, for doing so. 70. Confidentiality 70. (1) A person commits an offence if the person — (a) obtains information in the course of performing functions connected with the administration of this Act; and (b) engages in conduct that results in the disclosure of the information. (2) The person is liable on conviction to a fine of ten thousand dollars and imprisonment for a term of one year, or both. (3) Subsection (1) does not apply if — (a) the person discloses the information — (i) for the purposes of the administration of this Act; (ii) with the consent of the person to whom the information relates; or (iii) for the purpose of legal proceedings arising out of the operation of this Act; or (b) the information is otherwise available to the public. 71. Annual report 71. (1) The President shall prepare and give the Attorney General a report on the administration and operation of the Tribunal for each financial year. (2) The report shall be given to the Attorney General within 3 months after the end of the financial year. (3) The Attorney General shall table a copy of the report in the Parliament at the next sitting of Parliament after the Attorney General receives the report. 72. Seal 72. (1) The Tribunal shall have a seal for sealing documents issued out of the Tribunal and required to be sealed. (2) The seal shall be of a design approved by the President and shall include the words "The Seal of the Administrative Appeals Tribunal". (3) The seal of the Tribunal may be affixed to a document manually or electronically. Page 24 Act 10 of 2026 c Administrative Appeals Tribunal Act, 2026 Section 73 73. Regulations 73. (1) The Cabinet may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary to be prescribed, for giving effect to the purposes of this Act. (2) Without limiting subsection (1), the Cabinet may make regulations — (a) prescribing the experience and qualifications required for appointment as an ordinary member; (b) prescribing the minimum number of members required to constitute the Tribunal for a particular class of appeal; and (c) prescribing the experience and qualifications required to be held by each member constituting the Tribunal for a particular class of appeal. (3) Regulations made under this Act may — (a) make different provision in relation to different cases or circumstances; (b) apply in respect of particular classes of persons or particular classes of cases, and define a class by reference to any circumstances whatsoever; and (c) contain such transitional, consequential, incidental or supplementary provisions as appear to the Cabinet to be necessary or expedient for the purposes of the regulations. (4) Regulations made under this Act are subject to affirmative resolution by the Parliament. Passed by the Parliament the 10th day of March, 2026. Hon. D. Ezzard Miller Speaker Twila Escalante Acting Clerk of the Parliament c Act 10 of 2026 Page 25