COATNEWS

No. 2 – December 2005

Newsletter for members of the Council of Australasian Tribunals New South Wales Chapter Incorporated

ABN 49 543 198 346

Postal address: PO Box 268 Darlinghurst NSW 1300

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CONVENORS CORNER

2005 has been a busy year for the NSW Chapter of COAT. Our aim is to provide information and activities that are useful to those working within and with tribunals in this State.

During the year the NSW Chapter jointly organised two decision-writing courses with the Judicial Commission of NSW. The courses were conducted by Professor Jim Raymond who has a considerable reputation in the field both in Australia and overseas. The courses were very well received by participants who have told us that the skills they learnt are invaluable. We intend to sponsor the course again in 2006 when Professor Raymond returns to Australia.

We are presently in discussions with Professor Raymond and the Judicial Commission about a train-the-trainer course. We hope to be able to get together a panel of people to develop our own decision-writing course, based on Professor Raymond’s methods, which we will deliver at low cost to part-time and full-time members of tribunals in NSW.

The Annual Conference was held in September, as was the Annual General Meeting. I was very pleased to be elected Convenor for a further year. I would like to take this opportunity to thank the members of the previous Committee for their work during the past year.

The new Committee has established a number of sub-committees and has put in place some plans for 2006. Details of the Annual Conference, after-work seminars and other activities will be published through COATNEWS and the email distribution list.

Heads of tribunals and contact persons at tribunals are urged to ensure that COATNEWS and other electronic communications are comprehensively distributed throughout their membership and staff.

The COAT NSW Chapter Committee wishes all members and their families a happy and safe Christmas, and we look forward to a productive and satisfying New Year.

-Kay Ransome, Convenor

COAT NSW CHAPTER COMMITTEE 2005/2006

The following were elected to the Committee at the Annual General Meeting held on 13 September 2005:

ConvenorKay Ransome, Chairperson, Consumer Trader and Tenancy Tribunal

Vice ConvenorBelinda Cassidy, Principal Claims Assessor, Claims Assessment and Resolution Service

SecretaryGary Byron, Deputy President, Workers Compensation Commission

TreasurerMagistrate Nancy Hennessy, Deputy President, Administrative Decisions Tribunal

CommitteeRod Parsons, Deputy Registrar (Legal), Workers Compensation Commission

CommitteeBob Quickenden, Barrister-at-Law in private practice & Part-time Assessor, Claims Assessment and Resolution Service

CommitteeJohn Blount, Deputy Principal Member, Refugee Review Tribunal

CommitteeJudge Kevin O’Connor AM, President, Administrative Decisions Tribunal

CommitteeSusai Benjamin, Part-time Member, Government and Related Employees Appeal Tribunal

At the Committee planning meeting held on 1 November 2005, Gary Byron resigned as Secretary and Belinda Cassidy resigned as Vice Convenor. Following discussion, Belinda agreed to appointment as Secretary and Gary agreed to appointment as Vice Convenor, until the next Annual General. The Committee unanimously approved the appointments, which are to take effect on and from the first meeting of the Committee in 2006.

COAT NATIONAL

COAT has recently been informed by the Australian Taxation Office that it has been granted tax-exempt status as a not-for-profit organisation. This status was also granted to the New South Wales Chapter of COAT last year.

COAT NSW CHAPTER ANNUAL CONFERENCE 2006

The COAT NSW Chapter Annual Conference is scheduled for Friday 26 May 2006 at the Menzies Hotel, Sydney. Further details will be issued early in the New Year. Please note your diary.

The COAT NSW Chapter Conference Committee is comprised of Rod Parsons, Bob Quickenden and Gary Byron. Suggestions and comments are welcomed and may be emailed to Rod: Bob: or Gary:

TRIBUNAL ORGANISATIONS ELSEWHERE

The concept of an overarching organisation for Administrative Tribunals in the Administrative justice system was recognised in the United Kingdom[1] in 1958. The Tribunals and Inquiries Act 1958 (UK) established a Council. The Council’s principal function was to keep under review the constitution and working of specified Tribunals.[2] The Tribunals and Inquiries Act 1992 (UK) provided inter alia for the Council to be consulted before procedural rules were made or changed for Tribunals.

The Council is required to make and present to Parliament an annual report. The Council is supported by a Secretariat. The Council is said to be mandated by independence, transparency, fairness and impartiality in the day to day running of Tribunals.

More akin to COAT is the Council of Canadian[3] Administrative Tribunals (CCAT). This is a successful voluntary organisation that supports administrative tribunals and promotes excellence in administrative justice. CCAT was formed in 1986. CCAT’s goals include the following:

  1. Enhancing and expanding contact among members of the administrative justice community;
  2. promoting awareness of the role and importance of administrative justice in everyday life
  3. speaking out on issues of importance to the administrative justice community, and
  4. providing support and services of value to its membership.

CCAT has an annual conference of international proportion. The 2005 annual conference theme was “Administrative Justice in the Modern Canadian Mosaic”. Papers were given and workshops convened on a variety of administrative issues. For example, “Assessing Credibility”, “Is Adjudicative Independence Under Attack”, “Assessing Efficiency, Effectiveness and Quality of Tribunals”, Fact Finding for Tribunals”.

- Bob Quickenden

Editor’s comment: While COAT at national and state levels in Australia is still, relatively speaking, in its infancy, it is clear from Bob’s brief article that there is much to learn from relevant overseas experience. Developments in Australia will obviously serve the interests of tribunals and their stakeholders in this country, but it may not be necessary always to “reinvent the wheel”.

Suitable and concise contributions by members, such as Bob Quickenden’s article in this edition of COATNEWS, are welcome. Publication is subject to availability of space and assessment by the Editorial Committee. Please submit in electronic form to Gary Byron at

SEASONS GREETINGS FROM THE EDITORIAL COMMITTEE

The Editorial Committee is comprised of:

Gary Byron (Chair)

Kay Ransome

Belinda Cassidy

John Blount

We intend to review the format, presentation and content of COATNEWS on an ongoing basis. Suggestions from members are welcome.

The Editorial Committee extends its very best wishes to members and their families for a happy and safe Christmas and New Year.

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[1] Population of approximately 60 million

[2] The majority of civil Tribunals in the United Kingdom

[3] Population of approximately 32 million