TRIBUNALS

1. TRIBUNALS VCAT The Victorian Civil & Administrative Tribunal

2. Importance and reasons for Tribunals • Tribunals specialise in particular types of disputes; they often are less formal than the traditional court system, less expensive and the dispute can be resolved reasonably quickly. • VCAT deals with a variety of disputes from sexual harassment and discrimination claims to consumer complaints and rental disputes.

3. Four reasons why VCAT exists are: • to offer individuals an assessable, alternative and specialised avenue staffed by experts in specific areas of civil law to hear particular types of civil disputes. • to offer a less formal avenue of dispute resolution, compared to traditional courts, where civil disputes can be resolved in a less intimidating and more comfortable manner compared to a courtroom. • to offer a more cost-effective avenue of civil dispute resolution than going to court. • to resolve civil disputes in a more timely manner with fewer delays than might be experienced at court.

4. The Role of VCAT • VCAT’s role is to provide a flexible and informal environment to resolve disputes quickly and fairly and to ensure justice is accessible and affordable t all. It conducts hearings in an informal manner that is less costly and involves fewer delays than court. • Rules of evidence do not apply and legal representation is either limited or not allowed. • VCAT provides an alternative to courts using various types of alternate dispute resolution methods. • Mediation – a neutral third party helps the parties to come to an agreement • Conciliation – an unbiased third party suggests solutions for parties to resolve disputes • Arbitration – an independent third party imposes a legally binding decision to settle a dispute.

5. VCAT’s Structure • VCAT is divided into three divisions — civil, administrative and human rights.

6. Compulsory Conferences • Before the tribunal considers a claim parties may be required to attend an informal pre-hearing meeting. • The aim of these meetings to clarify the issue in dispute and promote a settlement between the parties. • These conferences are held using the conciliation method of ADR

7. Hearings • In some cases a compulsory conference before a hearing begins. • VCAT hearings are conducted in an informal, quicker and cheaper manner than courts. • Parties have the opportunity to give evidence or ask witnesses questions (under oath) • Hearings can be conducted via phone or video conferencing. • VCAT may award damages, or an order for one party to do, or not to do something

8. Appeals • Bases on a point of law • Appeals will go to either the Trial division of the Supreme court or the Court of Appeal. • For an appeal to be heard permission must be granted. • Applications to appeal must be made within 28 days of the original order • The Supreme Court or the Court of Appeal may: • Affirm the original order • Make another order that the VCAT member could have issued n the original case • Return the case to VCAT for a rehearing.