Page 1577 - Week 05 - Thursday, 8 May 2008
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The bill I am tabling today will deliver a consolidated tribunal that will be able to meet each of the problems I have outlined above. The bill establishes a single tribunal to be called the ACT Civil and Administrative Tribunal. The new law provides for common provisions for the commencement of actions, tribunal procedures and powers. The new law gives the tribunal its civil law jurisdiction. Other laws will authorise the tribunal to exercise jurisdiction in specific matters. For example, the Residential Tenancies Act 1997 will authorise applications to be made to the tribunal to resolve disputes under that act. Through this process, a common platform for dispute resolution is established; however, unique differences in the legislation can be retained where this is necessary for a particular jurisdiction. For example, the dispositions of the tribunal in its mental health jurisdiction will continue to be set out in the mental health act.
The consolidation of our tribunals removes both the present duplication of resources and inconsistencies at a governance and legislative level. Instead of having 16 separate tribunals or quasi tribunals dealing with the various jurisdictions, a single tribunal will manage across the range of disputes and decision-making functions. Instead of having 16 separate support groups, a single registry will support the new tribunal. These new arrangements will provide for the better utilisation of staff, tribunal members and hearing rooms.
Consolidation of secretariats will improve access to justice by providing a single point of access for all of these jurisdictions. The better organisation of resources will also enable appropriate registry structures to be developed so as to be responsive to the needs of different client groups, providing an environment conducive to resolving issues coming before the tribunal. Staffing for the consolidated tribunal will provide for a critical mass that will reduce vulnerability to negative effects of staff absence and provide better training opportunities and support services for registry personnel and tribunal members alike.
Common processes will be developed to deal with common functions; there will be no more need for 16 different application forms. This will lead to a more efficient, fairer and faster system of dispute resolution for the community.
The tribunal will be constituted by presidential members, senior and ordinary non-presidential members and assessors.
The bill contains a number of provisions designed to guarantee the independence of the tribunal. These protections are focused on the presidential members of the tribunal and, through them, other members.
First, presidential members will have the formal qualification requirements equivalent to those of judges of the Supreme Court and magistrates of the Magistrates Court, namely, that the person should be and has been a lawyer for five years or more.
Secondly, the government will be required to publish the selection criteria and process for selection of presidential members of the tribunal.
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