The following guide is about ACAT. That is the ACT Tribunal. All other state and territory tribunals will function in similar ways. However there may be differences.

• After a complaint is referred to ACAT it gets listed for a directions hearing.
• This is a brief hearing which determines what needs to be prepared before the actual hearing.
• At the directions hearing, the Member (tribunal judge) may decide that the issue can go to mediation. This is very similar to conciliation so please read the tips in the ‘conciliation’ section.
• A date for the hearing will be set and you will be given time to prepare whatever documents you discussed in the directions hearing.
• After the hearing the Member will decide whether the complaint has been substantiated. That means there was enough evidence to show that it happened. If not the complaint will be closed.
• If the Member finds there was unlawful discrimination they may make the following decisions:
  • an order that the person complained about must not repeat or continue the unlawful act;
  • an order that the person complained about must do a particular act or make amends for any loss or damage suffered by the complainant because of the unlawful act; or
  • an order that the person complained about must pay a stated amount to the complainant as compensation for any loss or damage suffered because of the unlawful act.
• The following tips will help you understand what to expect at the tribunal:
  • you are encouraged to represent yourself instead of having a lawyer speak for you;
  • tribunal proceedings are a bit like having a conversation with an impartial professional;
  • tribunals are far less formal than courts. However you must still behave professionally and treat the Member with respect; and
  • tribunal decisions are binding and can be enforced.
• The President of the tribunal may terminate your complaint if the President is satisfied that:
  • the act complained of was not unlawful,
  • the complaint is misconceived or lacking in substance or
  • another more appropriate remedy is reasonably available.
• If your complaint is terminated you may be able appeal to an appeal panel of the tribunal or the court. However you should seek legal advice before taking this step.