Executive Summary of Standing Committee on Legislation
The Committee’s General Observations on the Legislation
The basic structure of the proposed State Administrative Tribunal is modelled closely on the Victorian Civil and Administrative Tribunal, although the types of matters dealt with by these two tribunals will vary considerably. From the Committee’s meetings in Melbourne and Sydney, it became clear to the Committee that the ability of an administrative tribunal to achieve the aims of timeliness, informality and economy, is almost entirely dependent on the skills and vigour of the tribunal’s President. This suggests that the appointment of a suitable President will be critical in achieving the Government’s aims for the State Administrative Tribunal.
The experience of the Victorian Civil and Administrative Tribunal illustrates a general reluctance by parties to certain administrative decisions to genuinely resolve issues at the original decision-making stage. The Committee is of the view that the State Administrative Tribunal should encourage a full consideration of the issues raised by an administrator’s decision before lodgement of an application to review the decision.
Whilst judges and lawyers have supported the concept of judicial leadership, the Committee is not convinced by the arguments put forward in favour of the contention. The Committee remains concerned at the risk of excessive legalism and formality in proceedings in an organization where senior lawyers dominate. The Committee, however, does not propose any amendment to the State Administrative Tribunal Bill 2003 based on this view.
The Committee is of the view that it is important that both the State Administrative Tribunal Bill 2003 and relevant enabling Acts contain mechanisms to ensure that matters before the State Administrative Tribunal do not escalate into long, drawn—out, formal proceedings with appeals on technical points of law all the way to the High Court of Australia.
Matters Relating to the Practical Implementation of the Legislation
There were two matters of concern to the Committee relating to the practical implementation of the proposed State Administrative Tribunal — the consultation on practical problems and the design of the tribunal’s premises. The Committee has found that the consultation process was unsatisfactory in that it was inadequate, oneway and patchy. Some of the Committee’s recommendations in relation to the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Bill 2003 came about as a result of the Committee’s own public consultation, which quickly revealed the practical problems.
Chapter 10 (of the Report) deals with the concerns as to the structural design and location of the building which has led to unsuitable interior areas and inappropriate layout as well as poor access to the premises. Proper design of premises is a matter that was emphasised with the Committee by existing tribunals in Victoria and New South Wales.
The Committee has made 46 recommendations arising from its examination of the bills. This report also contains three minority recommendations of Hon Giz Watson MLC, which are not supported by the majority of the Committee.
Return to main State Administrative Tribunal page