How do tribunals work

Acting fairly will always require disclosure of the case being made against a party and giving the party an opportunity to respond to that case. Sometimes that may require a tribunal to require facts to be established in ways closer to the methods required by the rules of evidence.

Sometimes greater informality will still yield a fair result. However, when greater formality is required it will not be because the rules of evidence are being applied but because fairness in the circumstances requires a stricter approach to the establishing of facts in dispute. Fairness is not confined, however, to methods of proof. It also requires disclosure and the giving of an opportunity to respond.

Disclosure of a serious claim at a hearing without giving a proper opportunity for the other party to respond will itself be likely to offend against procedural fairness.

Tribunal procedures generally seek to anticipate and avoid such problems by ensuring that any claim which might not be anticipated is communicated to the parties before a hearing commences. The cost of legal representation and the informality of processes in tribunals has led to a substantial number of claimants presenting their own cases before tribunals.

Accordingly, tribunals have established procedures to assist self represented applicants. In the Administrative Appeals Tribunal there are client service offices and, in larger registries, dedicated outreach officers to assist applicants in person. Nearly all matters in the Administrative Appeals Tribunal are listed for a preliminary conference before specialised conference registrars who are also able to assist unrepresented applicants.

Tribunal members hearing cases are also ready to help applicants to understand the issues in their cases and the procedures in the Tribunal where they can. Problems can arise, however, if tribunals become too involved in assisting parties.

Procedural fairness requires tribunals to be fair to all parties to any dispute. Procedural fairness also requires impartiality. Accordingly, tribunal members and officers must be careful that offers of assistance do not appear to extend to advocacy.

The Administrative Appeals Tribunal has recently introduced a pilot system in its Sydney and Melbourne registries, conducted by the Legal Aid Commissions in New South Wales and Victoria, under which solicitors attend regularly at the Tribunal to offer free advice to applicants when it is requested. This system offers greater assistance to applicants and avoids perceptions of partiality. Consistent with objects of economy and informality, tribunals often have limited or no power to award costs against the losing party.

This is the case in the Administrative Appeals Tribunal except in a small number of defined areas such as Commonwealth employees' compensation. Such a provision discourages legal representation in many cases, particularly where costs would represent a significant inroad into the amount of any benefit awarded. Nevertheless it should not be thought that tribunals are concerned only with small sums. Taxation cases in the Administrative Appeals Tribunal can involve millions and even billions of dollars.

Export development grants and similar cases can involve substantial claims by large corporations. Modern administrative tribunals fulfil an important role in Australia.

Ordinary Australians are more likely to experience proceedings before a tribunal than before a court. In many such proceedings, particularly in the Administrative Appeals Tribunal and the state general tribunals, they are taking part in a unique and forward thinking system instituted by the governments of Australia to provide the highest quality in decision-making in areas of administration.

Civil tribunals bring similar desirable informality and economy to the resolution of disputes in areas where more costly dispute resolution procedures are not warranted, particularly in consumer and similar disputes. Tribunals in Australia : Their Roles and Responsibilities. If it's a claim about redundancy pay or equal pay, the claim must be made within 6 months.

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Judicial roles Tribunals Judiciary Introduction to Tribunals. There are many tribunals, covering a wide range of areas affecting day-to-day life. Tribunal Judges Tribunal judges are legally qualified and responsible for ensuring the individual tribunal hearings they chair make the correct decision in law.

Tribunal member Tribunal members, are the specialist non-legal members of the panel hearing the case.