LAW115 Lecture Notes - Lecture 9: New South Wales Civil And Administrative Tribunal, Surrogate Decision-Maker, Administrative Appeals Tribunal
29 Jun 2018
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LAW115 LECTURE – 14/5/18
WK 10; TRIBUNALS
TRIBUNALS
- Administrative (not judicial) Alternative to courts
- Tribunals can only apply the relevant rules – not declare them invalid alternative
mechanism to resolving disputes
- Cheaper
- Less Formal
- More Efficient
- More Specialised
- Allow parties to appear unrepresented
AS A SOURCE OF AUTHORITY
- Publicly created by an Act of Parliament
- This means that every Tribunal derives its authority from statute
- What you might see in such an Act:
- Purpose of the Tribunal or Guiding Principles
- Jurisdiction (i.e., what/who does it deal with?)
- Composition (e.g., structure, appointment)
- Specific Procedures (e.g., evidence, appeals)
- Roles of Representatives (i.e., Legal representatives)
ADMINISTRATIVE APPEALS TRIBUNAL
The tribunal was established by the Administrative Appeals Tribunal Act 1975 and
commenced operations on 1 July 1976. The Administrative Appeals Tribunal Act and the
Administrative Appeals Tribunal Regulations 1976 set out the Tribunal’s functions, powers
and procedures.
- “The Tribunal reviews a wide range of administrative decisions made by Australian
Government ministers, departments, agencies, authorities and other tribunals.”
- “In limited circumstances, the Tribunal can review administrative decisions made by
state government and non-government bodies.”
- “Merits review of an administrative decision involves considering afresh the facts,
law and policy relating to that decision. The Tribunal considers the material before it
and decides what is the correct - or, in a discretionary area, the preferable - decision.
It will affirm, vary or set aside the decision under review.”
- “The Tribunal is not always the first avenue of review of an administrative decision.
Sometimes, the Tribunal cannot review a decision until an internal review has been
conducted by the person or body that made the primary decision. In other cases,
review by the Tribunal is only available after intermediate review by a specialist
tribunal. For example, an application in relation to a family assistance or social
security decision may be made only after review by the Social Security Appeals
Tribunal.”
Section 33 of the Administrative Appeals Tribunal Act requires that proceedings of the
Tribunal be conducted with as little formality and technicality, and with as much
expedition, as the requirements of the Act and a proper consideration of the matters before
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Document Summary
Tribunals can only apply the relevant rules not declare them invalid alternative mechanism to resolving disputes. This means that every tribunal derives its authority from statute. What you might see in such an act: The tribunal was established by the administrative appeals tribunal act 1975 and commenced operations on 1 july 1976. Administrative appeals tribunal regulations 1976 set out the tribunal"s functions, powers and procedures. The tribunal reviews a wide range of administrative decisions made by australian. Government ministers, departments, agencies, authorities and other tribunals. In limited circumstances, the tribunal can review administrative decisions made by state government and non-government bodies. Merits review of an administrative decision involves considering afresh the facts, law and policy relating to that decision. The tribunal considers the material before it and decides what is the correct - or, in a discretionary area, the preferable - decision. It will affirm, vary or set aside the decision under review.
