Certain types of dispute can be decided by state and federal tribunals or public sector appeal boards rather than by courts. They include:

• some civil and commercial disputes of a lesser financial value than those that go to court;
• some disputes between the community and the government; and
• some human rights related matters.

The benefits of tribunals and public sector appeals boards include that they are: 

• often quicker and less expensive than courts;  
• more accessible as the documentation required is simpler, the rules of evidence are relaxed and the hearings are conducted less formally; 
• often have a more in-depth expertise in the areas under consideration as they have both legal and specialist members considering matters; 
• more active in the hearing proceedings and can investigate and interact with parties in any manner they consider appropriate; and
• are not bound by precedent (previous decisions) instead determining each matter by looking at that matter’s particular facts.

Tribunals also provide an independent, merits based review of a variety of administrative decisions made by the Australian Government, federal and state governmental departments, agencies and some other smaller tribunals. Merits review involves the tribunal re-considering the facts afresh and deciding whether to affirm (approve), vary (change) or set aside (delete) the decision under review.

Federal tribunals

Federal tribunals settle disputes and hold hearings concerning federal laws or matters within the administration of a federal department. Federal tribunals regulate federal matters such as social security, immigration, citizenship, taxation and national disability insurance agency law. The largest federal tribunal is called the Administrative Appeals Tribunal (AAT).

The government announced in May 2014 that:

• the AAT would merge with the Migration Review Tribunal, Refugee Review Tribunal, Social Security Appeals Tribunal and Classification Review Board as of 1 July 2015; and
• the merits review of Freedom of Information matters will be transferred to the AAT as of 1 January 2015.

Other Federal tribunals include the Competition and Consumer Tribunal and the Copyright Tribunal.

State tribunals

State and territory tribunals settle disputes and hold hearings concerning state or territory laws. These tribunals vary from place to place.

State tribunals settle disputes about matters including: 

• local and state government administrative actions such as;
  • planning;
  • development and resources decisions; and
  • land valuation and compensation related matters;
• vocational regulations;
• licensing;
• hearings of occupational misconduct complaints; 
• guardianship;
• administration;
• discrimination;
• review of decisions of the Mental Health Review Board and Gender Reassignment Board;
• commercial and civil matters between individuals or businesses regarding:
  • taxation decisions;
  • retirement village disputes;
  • commercial tenancy reviews;
  • strata title disputes;
  • credit reviews;
  • Commissioner of State Revenue decisions; and
  • other personal and commercial matters. 

Most states and territories have in recent years merged all their tribunals into a ‘super tribunal’. Prior to this there were numerous tribunals each with the power to make decisions about specific areas of law. This system used up too many state resources and was confusing for the public to access. Combining these tribunals into single ‘super tribunals’ has been considered much more effective. It has occurred in:

• New South Wales;
• Queensland;
• the Australian Capital Territory;
• Western Australia;
• Victoria; and
• will commence in South Australia in early 2015.

Public Sector Appeal boards and tribunals

Public Sector Appeal boards and tribunals are state or territory based and hear appeals from public sector employees about disciplinary, inability and promotion decisions made by their employer. Inability refers to a decision made by an employer that an employee cannot do or is unsuitable for a certain type of work. Procedures in these boards and tribunals can vary from place to place.

Our Legal Guide on Tribunals and Public Sector Appeals provides people who wish to access a tribunal with information on the jurisdiction (practice areas) of the tribunals, their eligibility to apply to a tribunal and how tribunals operate. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply