Tribunals & Public Sector Appeals
13. Procedure in State Tribunals
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 06 Sep 2015
- As there are many state and territory tribunals that cover many different areas of law it is very difficult to provide a guide for each type of matter that will arise. What follows is some very broad guidelines about the procedure you can expect at state and territory tribunals.
- Once the matter has been referred to a tribunal the matter will likely be listed for either a conference, a directions hearing or mediation.
- Directions hearing:
- This is a brief hearing which determines what documents and evidence needs to be prepared before the actual hearing and how the process of the hearing will go.
- Conference:
- This is an alternative dispute resolution mechanism and involves a meeting of the parties and the tribunal to discuss what the issues of the case are and how they can potentially be resolved.
- If the issues can be resolved at that point the tribunal will make orders and the matter will be resolved.
- Otherwise directions will be made at the conference about how to proceed with the matter.
- Mediation:
- This is another form of alternative dispute resolution and involves a mediator taking the parties through a structured mediation process.
- The mediator is neutral and will not determine who is right or wrong. The mediator’s role is rather to guide the parties towards an agreement.
- If a decision is made and both parties agree the tribunal can make an order and the matter will be settled.
- If no agreement is reached the matter may go to a hearing.
- Anything you said at the mediation is confidential and cannot be used as evidence against you in the hearing.
- Hearing
- A date for the hearing will be set and you will be given time to prepare whatever documents you discussed in the directions hearing, conference or mediation.
- At the hearing the tribunal member (judge) will determine the matter and will make a binding decision.
- Tips for appearing before a tribunal:
- you are encouraged to represent yourself;
- tribunal proceedings are a bit like a conversation with an impartial professional;
- tribunals are far less formal than court but you must still behave professionally and treat the member with respect;
- the laws of evidence do not apply to tribunals; and
- tribunal decisions are binding and can be enforced.
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