Tribunals & Public Sector Appeals
2. How a Lawyer Can Help
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 04 Sep 2015
A lawyer can:
- consider and give advice about the applicable law;
- determine whether your matter can be heard by the tribunal:
- not all matters can be heard by tribunals. For example the AAT cannot hear all federal law matters. The federal law must state that the AAT has jurisdiction (authority) ;
- determine how to approach the matter:
- most tribunals will not consider a matter unless you have made previous attempts to negotiate a solution to your dispute. A lawyer can assist you with this;
- prepare the relevant documents required by the tribunal; and
- in some instances appear on your behalf before the tribunal at conferences and hearings.
The AAT has a legal advice scheme in New South Wales, Queensland, South Australia, Victoria and Western Australia. Under this scheme a Legal Aid solicitor attends most days at the AAT registry to advise and provide minor legal assistance to self-represented parties. If you wish to seek further support you can apply to Legal Aid. Please see our Legal Aid topic for more information. People attending a tribunal can also seek assistance from a Community Legal Centre.
Tribunals can only review a decision if the law (through an Act, Regulation or other legislative instrument) declares that the decision is subject to review by the tribunal. A lawyer can determine whether your matter can be heard at a tribunal, the appropriate tribunal to apply to and what rules and procedures apply in that tribunal.
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