What happens in a hearing and what do I need to do to prepare for a hearing?

A hearing of the Tribunal is the opportunity for all parties to proceedings to present evidence and arguments to an expert panel.  A hearing of the Tribunal will have rules about how it is run and what needs to be done before the hearing.  A hearing of the Tribunal must give procedural fairness to all parties.  This is a legal requirement for the Tribunal to make a valid decision.  The Tribunal issues directions that the parties need to follow to make sure this legal requirement is met.  If a party does not comply with directions issued by the Tribunal the evidence they want to put to the Tribunal may be refused.

A Tribunal panel is often made up of three members.  However, the Tribunal has power to increase or reduce this number.  There may be hearings where only one member hears the mater. Ordinarily the Presiding Member will be the President, a Deputy President or a Member of the Tribunal appointed for their legal knowledge and expertise.  Parties must comply with any directions issued by the Presiding Member during the hearing.  The other members of the Tribunal are selected for their knowledge and expertise in relevant areas to the appeal proceedings.

Once you are advised of the members who will hear the matter, you are allowed to make an objection in writing if you have reasonable grounds to argue a member may not be impartial or unbiased. An objection must have a reasonable basis to it.  You should contact the registry for guidance on how to make an application.

The Tribunal will issue directions in writing before the hearing about what the parties need to do to prepare. The parties will usually be required to prepare all their evidence and documents they want to present to the Tribunal at the hearing.  There will be rules about how these documents are prepared called Practice Directions. The parties will need to deliver them to the Tribunal, and in some cases, to the other parties by a deadline set by the Tribunal.  The instructions from the Tribunal will tell you what to do.  The Tribunal has issued Practice Direction 3 which sets out the rules for preparing evidence for a hearing and why the rules exist.  It also explains the difference between evidence and submissions.  It is important you read that Practice Direction and follow the instructions.

If you are involved in the application, you must attend the hearing. Tribunal proceedings, like all legal matters, require your priority. Parties should ensure they can be present. The Tribunal can allow persons to attend by video conference and in some cases telephone conference.  The Tribunal will advise you if you can attend by video or phone conference.  If you are required to be at the hearing in person, you need to make a request in writing before the hearing, if you want permission to appear by video or phone conference.  Your request may be refused and if it is, you must ensure you attend in person.  If you fail to appear at a hearing the Tribunal may dismiss the proceedings, dismiss you as a party or make a costs order against you for failing to appear. If you have been summoned to appear and you fail to attend, this is an offence under the Tasmanian Civil and Administrative Tribunal Act 2020.

There may be emergencies that will prevent you attending a hearing.  You should contact the registry as early as possible for guidance about how to ask for an adjournment if you need one, or if you have concerns about being able to attend a hearing.

Yes, the Tribunal can direct a Registrar to issue a summons for a person to attend.  Once a summons is issued the person must attend as directed.

The Tribunal members will introduce themselves and explain how the hearing will take place.  Before the hearing the Tribunal will give you directions about how the hearing will take place.  In most cases, for an appeal or a review, then the original decision maker or a person who made the original application may go first in presenting their evidence.  If the proceedings are an application, then the person who made the application to the Tribunal may go first in presenting their evidence.  A person who gives evidence at a hearing must be present to allow them to be questioned.  Practice Direction 3 explains how evidence is presented in a hearing.    Once each party has presented their evidence, they will each be given the opportunity to make submissions to the Tribunal.  The Tribunal will advise which party should present their submissions first.

The Tribunal will retire to consider their decision.  A decision is not usually given on the day of the hearing.  The Tribunal will usually issue their decision in writing which will be sent to each of the parties.  The Tribunal tries to have decisions issued in six to eight weeks of the hearing, but the time may be more or less depending on the complexity of the proceedings, and any earlier hearings that need decisions to be issued.

A right of appeal from the Tribunal decision to the Supreme Court is available under Section 136 of the Tasmanian Civil and Administrative Tribunal Act 2020.  The time for making an appeal to the Supreme Court is 30 days after the day on which the decision was made (see Section 137 of the TASCAT Act 2020).  Section 136 of the TASCAT Act 2020 tells you what type of appeal you can make to the Court. Some appeals can be only on a question of law.  Some appeals can be on a question of fact.  It is important you get advice about making an appeal to the Supreme Court and the Tribunal has a fact sheet about where you can get advice and support.