Authority to Act Form NCAT: Company and Corporate Respondent Guide

When a consumer claim names your company — a Pty Ltd, partnership, or incorporated association — you cannot simply send any employee to the hearing. NCAT requires specific documentation proving the person who appears has authority to speak for the business.

What the Authority to Act Form Does

The Authority to Act is a signed letter on company letterhead confirming that a specific person is authorised to represent the company at the NCAT hearing. It names the authorised individual, the NCAT file number, the hearing date, and the scope of authority (to make admissions, negotiate in conciliation, and agree to orders on the company's behalf).

This is not legal representation. A director or employee appearing with an Authority to Act does not need the tribunal's leave under Section 45 of the Civil and Administrative Tribunal Act 2013. A legal practitioner or agent seeking to represent the company needs leave.

Without this form, the member may refuse to hear from the person who turns up and proceed as if the company failed to attend — resulting in an ex parte order.

eOrganisation Registration

Before a corporate respondent can manage their case through NCAT Online Services, the company must register an eOrganisation profile on the portal. This is a separate step from an individual creating a personal account.

The process:

1. A director or company secretary creates a personal account on NCAT Online Services (if they do not already have one)
2. They register the company as an eOrganisation using the ACN or ABN
3. They nominate themselves as the Authorised Officer
4. They can then assign delegates — employees who can upload evidence, file forms, and manage the case on the portal

Individual respondents do not need eOrganisation registration. This applies only to companies, partnerships, and incorporated bodies.

Who Can Appear at the Hearing

The person appearing should have direct knowledge of the facts in dispute wherever possible. A bookkeeper who never visited the job site is technically permitted with proper authority, but will struggle to answer factual questions during cross-examination.

Corporate Fee Rates

Companies automatically pay the higher corporate fee schedule under Section 57A of the Corporations Act 2001. If your company needs to file a counter-application, application to set aside, or internal appeal, the fees are double the individual rate:

• Counter-application: $128 to $688 (vs. $64 to $344 for individuals)
• Set aside: $266 (vs. $133)
• Internal appeal: $1,080 (vs. $540)

Responding to the existing claim is free for all respondents, regardless of entity type.

Preparing the Authority to Act Letter

The letter should include:

• Company name, ACN, and registered address
• The NCAT file number and hearing date
• Full name and position of the authorised representative
• A statement that the representative is authorised to act on the company's behalf in all aspects of the proceedings, including conciliation
• Signature of a director or company secretary
• Date

Bring the original to the hearing. The member may ask to see it before the conciliation phase begins.

The Responding to an NCAT Consumer Claim guide includes templates for the Authority to Act letter and step-by-step instructions for eOrganisation registration.

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