Consent Orders–Procedure (for consultation)

A consent order is an SBT order based on the agreement of the parties. The SBT’s jurisdiction to issue a consent order is set out in section 4.1 of the Statutory Powers Procedure Act, which states the following:

If the parties consent, a proceeding may be disposed of by a decision of the Tribunal given without a hearing, unless another Act or a regulation that applies to the proceeding provides otherwise.

The SBT’s Rule 9A.1 describes how to request a consent order.

The SBT will not consider a request for a consent order unless the Appellantand a representative for the Respondent (Counsel or CPO) are present at the hearing.

Aconsent order may be requested at two times on the hearing day.

Before Beginning to Hear Appellant’s Evidence

Before the hearing begins the Counsel/CPO decides that further consultation with the Disability Adjudication Unit Office (DAU Office) about whether the Appellant is person with a disability is required. Counsel/CPO asks that the hearing be stood down (adjourned briefly) for this purpose. The Member will ordinarily grant this request.

During or After Appellant’s Evidence

After Counsel/CPO has heard some or all of the Appellant’s evidence,Counsel/CPO decides it is necessary to consult with the DAU Office about whether the Appellant is person with a disability. Counsel/CPO asks that the hearing be stood down for this purpose. Absent exceptional circumstances the Member will grant this request.

DAU Consultation

To ensure no delay of the hearing, a DAU Duty Adjudicator will be available on hearing days to consult with Counsel/CPO and provide direction on how to proceed with the appeal.

Where Counsel/CPO receives new directions after consulting with the DAU adjudicator, they will be discussed with the Appellant and/or their representative.

Outcomes Following Consultation and Discussion:

  1. Agreement:

Parties agree that the Appellant is a person with a disability.

Request a consent order.

  1. Parties complete the Confirmation of Settlement and Request for Consent Order (CoS).
  2. Member reviews the CoS with the parties to satisfy him/herself that parties fully understand the terms of theiragreement.
  3. Where an interpreter is present, the Member will confirm that the CoShas been interpreted to the Appellant and the interpreter will confirm the Appellant understood the interpretation.
  4. The Member signs the consent order. It is distributed to the parties in accordance with the SBT’s decisions distribution process.

A consent order is a final determination of the appeal. The SBT’s file will be closed and the SBT’s record will indicate “appeal disposed of by consent order.

  1. No Agreement:

The hearing proceeds and the Member issues a decision.