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Department of Justice

Tribunals

Overview

 Tribunals are bodies established to arbitrate or mediate disputes in specific areas. The tribunals are the independent umpires.

Anti-Discrimination Tribunal

The Anti-Discrimination Tribunal is established by the Tasmanian Anti-Discrimination Act 1998 and its main purpose is to conduct Inquiries concerning complaints about conduct prohibited by the Act.

Making a complaint 

Complaints are lodged with the Office of the Anti-Discrimination Commissioner.

The Office of the Anti-Discrimination Commissioner is responsible for investigation of complaints. The Commissioner may refer the complaint to the Tribunal after it has been investigated and if it cannot be resolved by conciliation. 

The Tribunal

After a complaint is referred to the Tribunal for Inquiry the parties will receive a letter advising them of a date for a Directions Conference.

Anti-Discrimination Tribunal website

Asbestos Compensation Tribunal

The Asbestos Compensation Tribunal is an independent statutory Tribunal created under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011, with primary responsibility to determine all disputes relating to referrals made pursuant to that legislation.

The Tribunal is constituted by the Chief Commissioner, and a Commissioner or a part-time Commissioner.  Please note that these persons are separate and independent of the Asbestos Compensation Commissioner.  Presently the Tribunal has a Chief Commissioner and a Commissioner.

Both the Chief Commissioner and the Commissioner fulfill the requirements of the Act in that they are legal practitioners of not less than 5 years standing. Both are appointed full time on contracts.

Functions

The functions of the Tribunal are:

  • To determine all claims for compensation referred to it under the Act.
  • To determine such other matters as are referred to it under the Act.
  • To exercise the powers conferred and the duties imposed on it in the Act.

The Tribunal may conduct conciliation conferences in appropriate circumstances in order to resolve disputes by agreement. Hearings are held throughout the State in order to resolve disputes by arbitration where agreement cannot be reached between the parties.

Asbestos Compensation Tribunal website

Forest Practices Tribunal

Acting Registrar: Sally Bridge

The Registry of the Resource Management & Planning Appeal Tribunal is the Registry of the Forest Practices Tribunal. This can be found in Section 35 of the Forest Practices Act 1985 (the Act).

Appeal rights to the Tribunal are listed in the Act.  There is no prescribed form for the filing of an appeal. However, an Appellant should clearly indicate, in writing, they are filing an appeal and refer to the relevant section of the Act under which they are appealing. There is no prescribed filing fee.

Forest Practices Tribunal website

Guardianship and Administration Board

Registrar: Donna Spong

The Guardianship and Administration Board is a specialist tribunal established under the Guardianship and Administration Act 1995. The Board can make decisions for the benefit of persons who have a disability and are unable to make reasonable judgements about lifestyle and financial matters.

The functions of the Board are extensive and include powers in relation to:

  • Guardianship
  • Enduring guardianship
  • Administration
  • Enduring powers of attorney
  • Emergency situations
  • Consent to medical or dental treatment
  • Statutory Wills
  • Appointment of a Guardian or Administrator made outside Tasmania

Guardianship and Administration Board website

Health Practitioners Tribunal

By the Health Practitioner Regulation National Law (Tasmania) Act 2010, Tasmania became part of a National scheme providing for the regulation of prescribed health professionals who are:

  • Chiropractic
  • Dental (including dentists, dental therapists, dental hygienists, dental prosthetists and oral health therapists)
  • Medical
  • Nursing and midwifery
  • Optometry
  • Osteopathy
  • Pharmacy
  • Physiotherapy
  • Podiatry
  • Psychology
  • Aboriginal & Torres Strait Islander Health Practice
  • Chinese Medicine
  • Medical Radiation
  • Occupational Therapy

National Boards are established for each of these health professions and in some occasions local committees are established in each State with the delegated authority from the National Board.  The Boards have the primary role (amongst others) to:

  • Register suitably qualified and competent persons within that health profession.
  • Decide the requirements of registration.
  • Develop approved standards, codes and guidelines for that health profession.
  • Establish panels to conduct hearings about health, performance and professional standards of members.
  • Refer matters about health practitioners to a responsible Tribunal (Tasmanian Health Practitioners Tribunal).

Boards or the delegated local committee may take action in respect of a health profession for any of the following:

  • Performance management (competence)
  • Health Management (impairment); or
  • Conduct (discipline)

There is also the ability for a health professional affected by a decision of a Board in respect of his or her registration or a decision by a Board to take health, conduct or performance action against a health professional to appeal to the Health Practitioners Tribunal.

Health Practitioners Tribunal website

Mental Health Tribunal

Acting Registrar: Vanessa Fenton

The Mental Health Tribunal makes decisions about when a person can be detained and what treatment a doctor can provide when it has been decided that the person is too unwell to make treatment decisions for himself or herself.

The Tribunal is independent and is not connected to any hospital or other facility or organisation that provides mental health services.

Mental Health Tribunal website

Mining Tribunal

The Mining Division of the Magistrates Court of Tasmania is created by the Mineral Resources Development Act 1995 s.127, and is known as the Mining Tribunal. It exercises a state-wide jurisdiction. Magistrate C Webster has been assigned to this Division.

The Act places an obligation on the Director of Mines to attempt to resolve disputes before there is a formal hearing before the Tribunal. In effect this usually consists of an informal meeting between the parties arranged by the Registrar of Mines. 

These mediation provisions have been successful in resolving matters referred to the Tribunal for determination. 

The Registrar of the Tribunal who is located in the Department of State Growth.

Pursuant to s.128 of the Mineral Resources Development Act 1995, the Mining Tribunal has jurisdiction to hear and determine proceedings relating to any of the following matters:

(a) the area, dimension or boundary of land which is subject to a mineral tenement;

(b) the right to the possession or occupation of land under a licence or lease;

(c) the right to the use and enjoyment of water for exploring or mining;

(d) trespass or encroachment on, or injury to, land which is subject to a mineral tenement;

(e) any demand for debt or damages arising out of prospecting, exploring or mining;

(f) any demand for specific performance of any contract relating to a mineral tenement or mining;

(g) the right to any mineral in, or to be recovered from, any land which is subject to mineral tenement and the rights under, or arising out of, any contract relating to any such mineral;

(h) any transfer or disposition of, or charge on, a mineral tenement;

(i) any matter concerning -

(i) any partnership or joint venture relating to a mineral tenement, prospecting, exploring or mining; or

(ii) the existence, formation and dissolution of that partnership or joint venture; or

(iii) the taking of accounts in connection with that partnership or joint venture; or

(iv) the contributions of the partners as between themselves; or

(v) the determination of questions arising between the partners;

(j) contributions by or between persons holding joint or several interests in a mineral tenement towards rent or other expenses in relation to a mineral tenement;

(k) trespass or encroachment on land as a result of prospecting, exploring or mining;

(l) trespass or encroachment on, injury to or any matter affecting roads, railways or other property constructed, held or occupied under this Act;

(m) the working or management of land which is subject to a mineral tenement;

(n) all rights claimed in, under or in relation to a mineral tenement or purported mineral tenement;

(o) any interest in, or affecting, a mineral tenement;

(p) the unauthorised removal of any mineral from land which is subject to a mineral tenement;

(q) the refusal of the holder of an exploration licence to give consent to the holder of a prospecting licence to prospect on land which is subject to the exploration licence;

(r) the infringement of, or interference with, any right under this Act;

(s) the amount of compensation payable for loss or damage caused to land;

(t) any dispute relating to a mineral tenement or former mineral tenement between the holder of the mineral tenement and the owner or occupier of land;

(u) any dispute relating to a mineral tenement or former mineral tenement in respect of private land;

(v) any appeals and objections under this Act.

Motor Accidents Compensation Tribunal


The role of the Motor Accidents Compensation Tribunal is to resolve or determine disputes between the Motor Accidents Insurance Board and any person seeking or in receipt of a benefit payable under the Motor Accidents (Liabilities & Compensation) Act 1973.

The Tribunal is an independent judicial body. To be appointed as a member of the Tribunal by the Governor, a person needs to hold office as a Magistrate.

Jurisdiction

If the Board has determined;

  • a person is not to be treated as a person within a class of persons to whom scheduled benefits may be paid,
  • a person is not to be paid any scheduled benefit,
  • the amount of any scheduled benefit to be paid to a person;

or the Board:

  • has refused or failed to make a payment of a scheduled benefit (medical account, funeral benefit, death benefit, disability allowance, disability benefit, or counselling service),

then the person aggrieved may refer that matter to the Tribunal. This referral is to be made within 14 days of receiving notice of the Boards decision or such further period as the Tribunal may, upon application, determine.

The Motor Accidents Insurance Board is also entitled to refer to the Tribunal any matter affecting;

  • the right of a person to a scheduled benefit, or
  • the amount of any scheduled benefit.

A referral to the Tribunal must be accompanied by all relevant documents held by the party making the referral.

Reference to the Motor Accidents Compensation Tribunal form  (docx, 22.9 KB)

The Board is always represented by a lawyer. You may choose to be legally represented. If you do engage a lawyer, please advise the Tribunal so that we can deal directly with them.

Procedure

Once a reference is received by the Tribunal the parties will be obliged to engage in one or more pre-reference conferences which may be held in person or by telephone. The purpose of these pre-reference conferences is to:

  • clarify what the issue is that is before the Tribunal,
  • ensure that any necessary investigations or medical examinations are arranged,
  • determine the necessary steps for each party to take in order to resolve the claim,
  • discuss the claim generally and obtain concessions from the parties as to fact, law or procedure where possible,
  • discuss any other matter that may be relevant to achieving a speedy resolution of the reference,
  • prepare generally for the conduct of a conciliation conference and, if necessary, a formal hearing.

When the parties have concluded the preparation of their case and all relevant medical evidence to be relied upon has been provided to the other party, the case will proceed to a conciliation conference.

The purpose of the conciliation conference is to provide an opportunity for open and "without prejudice" discussion based on all the available information in order to facilitate a resolution of the dispute.

If a case is not resolved at the conciliation conference it will be listed for hearing before the Tribunal. The procedure before the Tribunal follows the format of a civil case heard by a Court. Based upon the evidence given and the application of applicable law, the Tribunal will make a determination of the case and give written reasons for that determination.

General procedures of the Tribunal are set out in the Motor Accidents Compensation Tribunal Regulation 2009.

A person aggrieved by a determination of the Tribunal may appeal to the Supreme Court.

Contact

telephone (03) 6166 4750 

 envelope GPO Box 1311, Hobart  TAS  7001

Location: 

Level 7, NAB House

86 Collins Street, Hobart.

Resource Management and Planning Appeal Tribunal

Acting Registrar: Sally Bridge

The Resource Management and Planning Appeal Tribunal is an independent statutory body set up under the Resource Management and Planning Appeal Tribunal Act 1993.

 The objectives of the Tribunal are to: 

  • promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; 
  • provide for the fair, orderly and sustainable use and development of air, land and water; 
  • encourage public involvement in resource management and planning; 
  • facilitate economic development in accordance with these objectives; and 
  • promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in Tasmania.   

The Tribunal hears appeals under 22 Tasmanian Acts, which state what decisions can be appealed and who may appeal. 

Resource Management and Planning Appeal Tribunal website

Workers Rehabilitation and Compensation Tribunal

Registrar: Andrew Cooper

The Workers Rehabilitation and Compensation Tribunal is an independent statutory tribunal created under the Workers Rehabilitation and Compensation Act 1988, with primary responsibility to determine all disputes relating to workers compensation in Tasmania.

The Tribunal is constituted by the Chief Commissioner, a Commissioner or a part-time Commissioner.  Presently the Tribunal has one Commissioner in addition to the Chief Commissioner.

Both the Chief Commissioner and Commissioner fulfil the requirements of the Act in that they are legal practitioners of not less than 5 years standing.  Both are appointed full time on contracts.

The functions of the Tribunal are;

  • To determine all claims for compensation referred to it under the Act.
  • To determine such other matters as are referred to it under the Act.
  • To exercise the powers conferred and the duties imposed on it in the Act.
  • To hear and determine any appeal referred to it under the Workers (Occupational Diseases) Relief Fund Act 1954.

The Tribunal holds conciliation conferences and hearings throughout the State in order resolve disputes by agreement, or arbitration when agreement cannot be reached between the parties.

Workers Rehabilitation and Compensation Tribunal website