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1、Department of Justice A SINGLE TRIBUNAL FOR TASMANIA Discussion Paper September 2015 A Single Tribunal for Tasmania Discussion Paper Department of Justice 2 CONTENTS Discussion Paper for a Single Tribunal for Tasmania Table of Contents.2 Overview and Summary.3 Glossary of terms.9 Chapter One: The Pr
2、esent Situation in Tasmania11 Chapter Two: The “Vines Report” and research conducted by TARAC 70 Chapter Three: Theory, Best Practice and Models of Amalgamation.75 Chapter Four: History of Tribunal Amalgamation and Overview of Other Australian Jurisdictions83 Chapter Five: Consultation with the Depa
3、rtment of Justice101 Chapter Six: Analysis and Recommendations.105 Chapter Seven: Annexures.131 A Single Tribunal for Tasmania Discussion Paper Department of Justice 3 OVERVIEW AND SUMMARY Overview Tribunals perform vital functions in the day to day lives of citizens. They are charged with responsib
4、ility to determine a range of matters that directly affect the freedom, livelihood and welfare of citizens in the community. They are intended to provide accessible, cost effective, informal and fair processes to resolve disputes. As such, their effective operation is vital to the community. This pa
5、per is to examine whether amalgamation presents an opportunity to benefit not only the Tribunals, with respect to resourcing and capacity building, but also the community through better access to justice and delivery of services. Terms of Reference The scope of this project was to prepare a Discussi
6、on Paper as Stage One of a two stage process. The Discussion Paper was to present research into the amalgamation of Tribunals and the suitability of a single tribunal for the Tasmanian jurisdiction. Stage One entails examination of the scope, legislative framework, structure and leadership/governanc
7、e. Consultation within the Department of Justice formed part of the research and analysis. If government determined to proceed further with the recommendations contained in this Discussion Paper, then Stage Two would involve a detailed analysis of cost, location, staffing, and legislative drafting,
8、with oversight provided by a steering committee. Stage Two would include broad consultation with the community and across government. It would also allow a second opportunity of consultation with those originally consulted in Stage One. This final Options Paper would provide a series of policy optio
9、ns to government, with full costing and detailed discussion of each option. A Single Tribunal for Tasmania Discussion Paper Department of Justice 4 The Policy Objectives of this analysis are to investigate: -Improving delivery of dispute resolution services and access to justice for the Tasmanian co
10、mmunity, by creation of a one-stop shop for dispute resolution of administrative decisions. -Streamlining of administrative structures of Tribunals where appropriate, while also retaining necessary specialist features of those Tribunals. -Providing economies of scale through amalgamation, which then
11、 supports: oflexibility in staffing, budget and resource allocation oaccess to shared facilities, staff skills and technology ogreater opportunity for staff development, advancement and training oproviding economic savings over time and ogreater efficiency in the use of resources. -Progressing the u
12、se of Alternative (Appropriate) Dispute Resolution services across Tribunal processes. -Providing greater consistency in decision making and processes. -Achieving greater efficiency and reduction of red-tape through centralized registry functions and more generalized processes where appropriate. -De
13、veloping options which are appropriate to the Tasmanian Jurisdiction in terms of scale, cost and structure. -Ensuring careful analysis is conducted before pursuing a single tribunal policy, and that all relevant stakeholders have been consulted and involved in the decision making process. A Single T
14、ribunal for Tasmania Discussion Paper Department of Justice 5 Chapter 1: The Present Situation in Tasmania Tasmania has over 25 different administrative decision making bodies in the form of Tribunals, Boards and Commissions across Government. Many of these bodies have small outputs supporting their
15、 functions with their own staff and premises, or none at all, relying instead on intermittent support from other bodies or even the private sector providing registry support on a pro-bono basis. Divergent appeal paths also occur where there are instances of single pieces of legislation having appeal
16、s rights to two or more appellate bodies such as the Building Act 2000 and Water and Sewerage Industry Act 2008 for example. Some amalgamations have already taken place with several Tribunals but those amalgamations have been ad-hoc rather than as part of a coordinated overall plan.1 Whilst the changes are conducive to a greater process of amalgamation, they need to be reviewed as part of a comprehensive analysis. With such a diverse range of decision makers, each with their own se
