Community Services Appeals Tribunal

Last updated

The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. [1] The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. [2] The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT. [1] [3]

Contents

The tribunal would hear matters in an informal manner in an attempt to do justice in the matter.

The tribunal was abolished on 1 January 1999 [3] [4] and was replaced by the Community Services Division of the Administrative Decisions Tribunal of New South Wales.

Establishment

The tribunal was established under section 92 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW). The Governor of New South Wales could appoint a person to be the President of the tribunal. [5] This appointment is on the recommendation of the Minister after consultation with the Community Services Review Council [5] [6] The appointment could be for up to five years, and the President could be re-appointed [7] and the position was a paid appointment. [8]

The Minister could also appoint part-time members to the tribunal after consultation with the Council. One of those part-time members could be appointed as the Deputy President of the tribunal by the Minister. [5] At least one of the members was to be a barrister or a solicitor. A part-time member could be appointed for up to five years and could be re-appointed again. [7] Part-time members were paid a daily remuneration. [8]

In appointing the members, the following persons could be considered:

(a) people with knowledge of and experience in administration, child care, community services, education, law, medicine, psychology and social work; (b) other people who the Minister considered had suitable qualifications or experience warranting their appointment. The appointment can be for up to seven years and the person can be re-appointed again for up to another seven years. [5]

In practice, the tribunal would advertise for expressions of interests in member positions, and would select applicants based on merit. The tribunal took the view that this ensured that members were drawn from a wide pool of qualified applicants. [3]

The President could only be removed from office for misbehaviour or incompetence, or if they obtained other full-time employment. Part-time members could be removed for any reason. [9]

Jurisdiction

The tribunal performed merit reviews of government administrative decisions. [3] In other words, the tribunal would review a decision based on how a government official should have made the decision. This is in contrast to a judicial review where a judge or a court would decide whether the decision was made lawfully. [3] There was also no fees for filing an application in the tribunal. [10] As a result, the tribunal had an important function in making government more “open and accountable” by providing an opportunity for affected people to challenge decisions. [3]

The tribunal had jurisdiction to hear appeals concerning Community Welfare matters., [11] the Adoption Information Act 1990., [12] the Adoption of Children Act 1965, [13] and the Children (Care and Protection) Act 1987, [14] Disability Services and Guardianship Act 1987 [15] and Home Care Service, Act 1988. [16]

Applications could be made by persons with a “genuine concern [3] ”. The tribunal took the view that any person directly affected by a decision, or a third party who wished to bring proceedings in the public interest, could bring a case in the tribunal. [3] The concern had to be a concern greater than an ordinary member of the public. The tribunal would also exclude people if it considered that they were “unjustifiably interfering” [3] with a decision.

The jurisdiction of the Tribunal is protective and its purpose is to protect the public. The object is not punitive and the Tribunal is not there to punish the physiotherapist but is there to maintain proper standards in the profession. [17]

At the hearing

The tribunal was required to have between three and five members present when hearing a case. At least one of the members had to be a barrister or a solicitor. [18] As far as possible, at least one of the members had to have some expertise in the area of the case before the tribunal. The presiding member on the case was the President, or if the President was not present, the Deputy President, or a member nominated by the President. [18]

The tribunal could make rules about the procedure to be followed in the tribunal. Additionally, the tribunal could determine any additional points of tribunal as necessary. [15] When the tribunal was first established, the intention was to make it accessible to the general public who might be intimidated by the normal legal processes of a court. The tribunal as a result strived to be informal in its procedures. [3] However, there was still some legalistic aspects of its procedures, and parties would engage lawyers and expert witnesses to appear in the tribunal.

Decisions of the tribunal were to be determined by a majority of the votes of the members. However, any point of law was to be determined by the member who was either a barrister or a solicitor. Where the votes were tied, the presiding member had the casting vote. [19]

Selected decisions are available on the internet at Austlii. [20]

Related Research Articles

The Administrative Decisions Tribunal of New South Wales (ADT) was established in 1997 and was replaced in 2014 by the NSW Civil and Administrative Tribunal (NCAT). It did not have general jurisdiction, but had various jurisdictions conferred by particular statutes. It was responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional misconduct and for hearing disputes over commercial leases.

The Government and Related Employees Appeals Tribunal of New South Wales was a tribunal established under the Government and Related Employees Appeal Tribunal Act 1980 (NSW). It heard certain promotional appeals and disciplinary appeals from employees of the Government of New South Wales. It commenced operation on 1 September 1980 and ceased operations on 1 July 2010, when its functions were subsumed by the Industrial Relations Commission of New South Wales.

The Transport Appeals Board of New South Wales is a tribunal established under the Transport Appeal Boards Act 1980 (NSW). It hears certain promotional appeals and disciplinary appeals from transport employees of the New South Wales State Government.

The Guardianship Tribunal of New South Wales, a former specialist disability tribunal of the Government of New South Wales for people with cognitive incapacity, or disability operated between 1989 and 2013. The Tribunal was superseded by the New South Wales Civil and Administrative Tribunal (NCAT) which came into effect from 1 January 2014. Its functions now operate within a divisional context in the NCAT.

The Consumer, Trader and Tenancy Tribunal of New South Wales was a tribunal that specialises in resolving consumer disputes in New South Wales, a state of Australia. The tribunal has concurrent jurisdiction in respect of certain consumer claims with the normal civil courts of New South Wales. In other areas of consumer law, it has exclusive jurisdiction. It was created on 25 February 2002 and ceased to function on 31 December 2013, its function assumed by the New South Wales Civil and Administrative Tribunal (NCAT).

Mental Health Review Tribunal of New South Wales

The Mental Health Review Tribunal of New South Wales is a specialist tribunal dealing with mental health issues in New South Wales, a state of Australia. It has exclusive jurisdiction in terms of most mental health issues, although it may share jurisdiction on some issue with other courts, such as the Supreme Court of New South Wales. The tribunal came into existence on 3 September 1990.

The Local Government Pecuniary Interest and Disciplinary Tribunal of New South Wales is a former tribunal which dealt with complaints about local councils in New South Wales, a state of Australia. The tribunal began operations on 1 July 1993. On 1 January 2005, the tribunal's name was changed from Local Government Pecuniary Interest Tribunal reflecting an increase in its functions. On 1 January 2014 its functions were merged into the newly established New South Wales Civil and Administrative Tribunal (NACT).

The New South Wales Coal Compensation Board was a government body in New South Wales which had responsibility for determining compensation payable when coal in the state was compulsorily acquired in 1981.

Childrens Court Clinic

The Children's Court Clinic in New South Wales, part of the Sydney Children's Hospitals Network, is a medico-legal clinic established pursuant to Section 15B of the Children’s Court Act 1987 (NSW) and the Children and Young Persons Act 1998 (NSW) which prepares independent reports on children for legal proceedings before the Children's Court of New South Wales.

The New South Wales Coal Compensation Review Tribunal was a tribunal in New South Wales, a state of Australia, which had responsibility for determining appeals about compensation payable when coal in the state was compulsorily acquired during 1981. The tribunal was in operation between 1985 and 1 January 2008.

The Police Tribunal of New South Wales was a tribunal established in New South Wales, a state of Australia to deal with allegations of misconduct by New South Wales Police. It was established in 1990 and abolished in 1998.

The Court of Coal Mines Regulation was a court established in New South Wales, a state of Australia to investigate mining accidents and to determine certain offences relating to coal mining. The court was abolished on 23 December 2006.

The Mental Health Review Tribunal is a specialist tribunal established in the Northern Territory of Australia, a territory of Australia which has jurisdiction to deal with mental health issues within its boundaries. It has exclusive jurisdiction in terms of most mental health issues, although it may share jurisdiction on some issue with other courts, such as the Supreme Court of the Northern Territory. The tribunal came into existence in 1998 and it is located on Level 3, 9–11 Cavenagh Street, Darwin.

The Court of Arbitration was the first court in New South Wales, a state of Australia which dealt exclusively with industrial relation disputes in the early twentieth century. Justice Lance Wright claims that it perhaps was the first court of its type in the world. The court was unique at that time as it was the first court of its type to deal with labour relations between employer and employees on a compulsory basis. Previous arbitration measures between employer and employee had been on a voluntary basis or had been based on the criminal justice system through the use of criminal penalties. The conventional economic model is that both employer and employee enjoy equal bargaining power to set wages and conditions. This asserts that both parties are able to agree on a fair market price for the cost of labour free from distortions. However, where employers or employees group together, these outcomes can be distorted particularly in “boom” or “bust” economic conditions. The purpose of the court was to change the manner in which employers and employees negotiated pay and conditions. It was an attempt to reduce the power imbalances between employer groups or employee unions that arose from using collective bargaining, and the resulting use of that market power to influence wages, and also to reduce the threat of lockout or strikes to achieve those ends.

The Nurses and Midwives Tribunal is a former tribunal that was established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by nurses and midwives. The tribunal generally heard matters after the Nurses and Midwives Board has made a decision or a professional association had referred an issue to the tribunal. The tribunal heard matters in an informal manner in an attempt to do justice in the matter. The tribunal also conducted inquiries into complaints referred by the New South Wales Health Care Complaints Commission.

The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides sentencing information and continuing education to and examines complaints made against judicial officers in New South Wales, Australia.

The Physiotherapists Tribunal is a former tribunal established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by physiotherapists.

Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.

The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.

The Surveillance Devices Act 2007 (NSW) is a piece of privacy legislation enacted by the Parliament of New South Wales the most populous state in Australia. It replaced the Listening Devices Act 1984 (NSW). The Act makes it an offence to record private conversations apart from in specific and defined circumstances. It makes provision for law enforcement officers to apply for warrants authorising the use of such devices and the circumstances in which judges of the Supreme Court of New South Wales might issue such warrants.

References

  1. 1 2 "Community Services (Complaints, Appeals And Monitoring) Bill". Parliament of New South Wales. 12 May 2007. Archived from the original on 24 May 2011. Retrieved 22 November 2008.
  2. ↑ "Community Services (Complaints, Appeals And Monitoring) Bill". Parliament of New South Wales. 12 May 2007. Archived from the original on 24 May 2011. Retrieved 22 November 2008. The legislation also provides for the new concept of alternative dispute resolution techniques to be used to resolve grievances or complaints. I understand that this is the first time that legislation providing for that approach has been introduced, for which I congratulate the Government.
  3. 1 2 3 4 5 6 7 8 9 10 Law Reform Commission Report.
  4. ↑ "Archived copy". Archived from the original on 1 August 2008. Retrieved 7 January 2014.CS1 maint: archived copy as title (link)
  5. 1 2 3 4 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  6. ↑ The Council was established under section 107.
  7. 1 2 Section 101 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  8. 1 2 Section 102 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  9. ↑ Section 103 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  10. ↑ Ombudsman Report p 11
  11. ↑ Section 93 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  12. ↑ section 36 of the Adoption Information Act 1990
  13. ↑ Section 67A, Adoption of Children Act 1990
  14. ↑ Section 112 Children(Care and Protection) Act 1987
  15. 1 2 Section 97 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  16. ↑ Section 17A Home Care Service, Act 1988
  17. ↑ Austii Website. http://www.austlii.edu.au/au/cases/nsw/NSWPYT/2007/1.html at paragraph 21
  18. 1 2 Section 95 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  19. ↑ Section 98 Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW)
  20. ↑ Austlii Website http://www.austlii.edu.au/au/cases/nsw/csat/

Sources

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.