TRIBUNALS

Appeals

Administrative tribunal have come to play a significant role in the resolution of disputes at both federal and state level in Australia. Most tribunals are established to hear disputes concerning the administrative actions of government, either generally (e.g. the Victorian Civil and Administrative Tribunal (VCAT), see below) or in relation to the administration of a particular department or piece of legislation (e.g. Social Security Appeals Tribunal).

Other tribunals have been established to hear disputes between individuals or businesses that have nothing to do with government action. Tribunals are generally established for the resolution of particular types of dispute in relation to which the courts are inappropriate, either because they lack the requisite expertise, are too expensive or slow, or are otherwise inaccessible.

The VCAT is effectively an amalgamation of a number of smaller Victorian tribunals. It is divided into two divisions, the Civil Division and the Administrative Division. The Civil Division hears disputes between individuals that were previously heard by tribunals such as the Anti-Discrimination Tribunal, the Small Claims Tribunal, the Domestic Building Tribunal, the Credit Tribunal and the Residential Tenancies Tribunal. The Administrative Division has assumed the role of the former Administrative Appeals Tribunal of Victoria and conducts reviews of government decisions in areas such as planning, land valuation, freedom of information, the Transport Accident Commission and taxation.

Tribunals differ from courts in a number of ways, although the differences vary substantially from tribunal to tribunal, and in some cases are marginal. Some of the differences are set out in the following list.

Procedures in a tribunal are less formal, the required documentation is simpler, the rules of evidence are applied less rigidly, and the hearings are conducted in a less formal manner.
The member of a tribunal hearing a case takes a more active role in the proceedings than a Judge who, being bound by the restrictions of the adversary system, acts as a passive umpire of the issues put by the parties.
A tribunal may be comprised of members who are legally qualified and members who have specialist expertise in the subject matter with which a particular tribunal deals. For example, the Administrative Division of VCAT, which hears, among other things, planning appeal, has a number of members who are town planners.
Some tribunals encourage or require parties to appear in person, without lawyers.
While courts are bound by the previous decisions of superior courts, tribunals are generally not, and instead are required to determine each matter on its particular merits. In practice, however, many tribunals follow precedent for the sake of being consistent in their decision-making.

Appeals

The manner of appealing from the decision of a tribunal varies. It is usually set out in the legislation which established the tribunal. The Commonwealth Administrative Appeals Tribunal (AAT) hears appeal from most of the lesser specialist tribunals. A decision of the AAT can generally be reviewed by the Federal Court, but usually on very narrow grounds. For further information, visit the AAT website at www.aat.gov.au.

A decision of VCAT can be appealed to the Supreme Court, but only with the court's leave, and only in relation to a question of law. For further information, visit the VCAT website at www.vcat.vic.gov.au.

For further information about administrative appeals, see: Chapter 21*3 Administrative Appeals Tribunals.