This information sheet deals with procedures after a complaint is referred to the Anti-Discrimination Tribunal for Inquiry, and provides answers to questions that commonly arise.
The Anti-Discrimination Tribunal is completely separate and independent from the Anti-Discrimination Commission. The role of the Commission is to investigate claims. That phase is now complete and the Commission has no further involvement in the matter.
Now that the complaint has been referred to the Tribunal, the Inquiry (hearing) phase has commenced and the complaint is managed by the Tribunal.
The steps that are taken by the Tribunal are as follows:
The purpose of directions conferences is to make sure that the Inquiry is conducted fairly and expeditiously (s80(6) of the Anti-Discrimination Act).
At the directions conference procedural matters will be considered before the Inquiry can start.
Examples:
Note: before the first directions conference the parties will be sent a letter informing them of the matters to be addressed at the directions conference.
The Tribunal Member will also make directions requiring the parties to prepare information about their case and disclose some information to the Tribunal and the other party about their case.
Once these directions have been complied with, the parties will be ready to proceed with their case, and also will be aware of the substance of the case to be presented by the other side.
Note: the parties will be given time to attend to these matters and will have the opportunity to inform the Tribunal how much time they need.
Directions conferences are also an opportunity for the parties to raise issues that they need to have considered by the Tribunal before the Inquiry starts.
A significant percentage of parties are not legally represented. Directions conferences are relatively informal and have been designed for non-lawyers and insofar as is possible, the procedures are straight forward and not legalistic.
When complaints are referred to the Tribunal for Inquiry, a Referral Report is provided by the Commissioner to assist the parties and the Tribunal.
The Referral Report identifies documents gathered during the course of the Commissioner’s investigation and witnesses which the Commissioner considers should be called at the Inquiry. The Tribunal has been provided with a copy of the documents listed in the Referral Report.
The parties may call other witnesses not named in the Referral Report and produce documents not listed in the Report. Further, the parties are not required to follow the list of witnesses and documents in the Referral Report at all if they wish. It is entirely up to the parties to decide which witnesses they will call and which documents they will present to the Tribunal during Inquiry.
The documents listed in the Referral Report are available to the parties to inspect and copy - unless there has been an objection from a party on the ground of confidentiality. If there is an objection the Tribunal will determine whether the documents should be made available.
Parties may inspect the documents by contacting:
The Registrar
Anti-Discrimination Tribunal
23 - 25 Liverpool Street
HOBART TAS 7000
Ph: (03) 6233 8372 or (03) 6233 3620
Fax: (03) 6233 5355
E-mail: Anti Discrimination Tribunal
The Registrar will supply a copy of any document which a party does not already have.
Each party is responsible for the presentation of his or her case at the Inquiry.
Therefore the parties need to decide which witnesses to call and which documents to present to the Tribunal as part of their case.
It is important to bear in mind that the Tribunal will take into account only the information which is presented during the Inquiry in making its decision. The Tribunal’s decision will be based only on the information which is heard, or documents presented, during the Inquiry. If there is information from the Commission which is not presented during the Inquiry then the Tribunal will not take it into account when the Tribunal makes its decision. Information that you want the Tribunal to know about - from a witness or in a document - must be presented by you in your case.
While the parties are responsible for the presentation of their case, the Tribunal may raise questions about the production of documents or the calling of other witnesses not relied on by the parties and even require a witness to be called or document/s to be produced. If this occurs then the parties are informed in advance and are given the opportunity to be heard about whether that is an appropriate course.
The complainant (i.e.. the party who brings the complaint) has the burden of proving the complaint. Generally speaking, the complainant’s case will proceed first. The respondent (i.e.. the party against whom the complaint is made) is given the opportunity to question each of the witnesses presented by the complainant. The complainant is given the opportunity to question each of the witnesses presented by the respondent.
The Tribunal is to conduct an Inquiry with as little formality and as expeditiously as the requirements of the Act and a proper consideration of the matters before the Tribunal permit: see section 86(1) of the Act.
The Tribunal is not bound by the rules of evidence but must observe the rules of natural justice: see section 87(4)(a).
The Tribunal is impartial and objective. Because of this role, the Office of the Tribunal and the Tribunal Members cannot provide legal advice to a party about their case. However, questions about procedure and questions seeking clarification of the Tribunal’s processes may be asked of staff and the Tribunal Members during the proceedings.
The Tribunal may refer a complaint to conciliation at any stage (see Alternative Dispute Resolution Act 2001). Conciliation enables the parties to decide how the case should be resolved.
Conciliation is conducted by an experienced conciliator appointed by the Tribunal and the procedure adopted by the conciliator is tailored to suit the needs and requirements of the case.
Conciliation is a free and confidential service. Nothing said during conciliation would be disclosed against a parties’ interests if the matter went to Inquiry. The Tribunal would not be made aware of what was said by the parties during the conciliation process. If conciliation is explored but is not successful then the matter is resolved by Inquiry. Generally speaking, conciliation does not delay the progress of the matter.
A conciliated outcome avoids the cost, inconvenience and time associated with an Inquiry.
If you require services such as ramp access to the building, an interpreter or services for hearing or sight impairment then contact the Registrar in writing so that suitable arrangements can be made.
If you wish to participate in a directions conference by telephone then write to the Registrar with that request and telephone number where you can be contacted (not a mobile telephone number).
Note: if the telephone or video link is organised at the initiative of the Tribunal then there is no cost. However, if you request a telephone or video link then the Tribunal may require you to pay the cost of the telephone call or video link.
If you wish to have a person accompany you at the directions conference then you may attend the conference with that person and at the beginning of the conference request the Tribunal Member to allow your request (see section 85(2) Anti-Discrimination Act).
If at any time during a directions conference or Inquiry you do not understand an aspect of the proceedings then you may request clarification or ask for time to consider your position.
For other information, contact a lawyer, or see the web-site at:
www.magistratescourt.tas.gov.au/divisions/Anti-Discrimination_Tribunal
Decisions of the Tribunal can also be accessed on this web-site.
In relation to questions concerning the Tribunal’s processes, speak to staff of the Office of the Tribunal or the Tribunal Member during the proceedings. The Registrar
Anti-Discrimination Tribunal
23 - 25 Liverpool Street
HOBART TAS 7000
Ph: (03) 6233 8372 or (03) 6233 3620
Fax: (03) 6233 5355
E-mail: Anti Discrimination Tribunal