Misplaced Pages

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15-528: It consisted of an Appeal Panel, a General Division and five specialist Divisions: Community Services Division (previously the Community Services Appeals Tribunal ), Revenue Division, Equal Opportunity Division, Retail Leases Division and Legal Services Division. The Internal Appeal Panel heard appeals from the Divisions and an External Appeal Panel heard appeals from other bodies. The Tribunal

30-690: A person to be the President of the tribunal. This appointment is on the recommendation of the Minister after consultation with the Community Services Review Council The appointment could be for up to five years, and the President could be re-appointed and the position was a paid appointment. 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

45-406: A wide pool of qualified applicants. 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. The tribunal performed merit reviews of government administrative decisions. In other words, the tribunal would review a decision based on how a government official should have made

60-568: The Adoption Information Act 1990., the Adoption of Children Act 1965, and the Children (Care and Protection) Act 1987, Disability Services and Guardianship Act 1987 and Home Care Service, Act 1988. Applications could be made by persons with a “genuine concern ”. The tribunal took the view that any person directly affected by a decision, or a third party who wished to bring proceedings in

75-567: The Deputy President of the tribunal by the Minister. 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. Part-time members were paid a daily remuneration. 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

90-425: 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. 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

105-600: 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. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which

120-462: The decision. This is in contrast to a judicial review where a judge or a court would decide whether the decision was made lawfully. There was also no fees for filing an application in the tribunal. 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. The tribunal had jurisdiction to hear appeals concerning Community Welfare matters.,

135-401: The normal legal processes of a court. The tribunal as a result strived to be informal in its procedures. 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

150-471: The parties could then be made official at the hearing by a member of the Tribunal. If this failed, the Tribunal could make a decision which would be legally binding upon the parties. This article related to Australian law is a stub . You can help Misplaced Pages by expanding it . Community Services Appeals Tribunal The Community Services Appeal Tribunal was an independent tribunal established in

165-399: The physiotherapist but is there to maintain proper standards in the profession. 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. 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

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180-412: The public interest, could bring a case in the tribunal. 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” 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

195-554: Was conducted in a less formal manner than a court and was presided over by either a single member or a panel of three members (depending on the Division). Access was cheaper than to a court and in some cases free of charge. As with other tribunals in New South Wales , the ADT encouraged parties to negotiate their own resolution through mediation prior to any hearing. The resolution devised by

210-665: Was known as CWAT. 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 and was replaced by the Community Services Division of the Administrative Decisions Tribunal of New South Wales . 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

225-426: Was the President, or if the President was not present, the Deputy President, or a member nominated by the President. 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. When the tribunal was first established, the intention was to make it accessible to the general public who might be intimidated by

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