COUNCIL OF AUSTRALASIAN TRIBUNALS
11TH Annual General Meeting
Friday 7 June 2013
8.30am
Gilmore Room
Novotel Brisbane
MINUTES
Attendees: Justice Iain Ross - FWC; Belinda Cassidy – MAA CARS; Doug Humphreys - Veterans Review Board; Steve Carey – Workers Rehabilitation and Compensation Tribunal TAS; Kevin O’Connor Administrative Decisions Tribunal NSW; Malcolm Schyvens Guardianship Tribunal NSW; Lisa Ward – State Administrative Tribunal WA; Jenny Russell – SA Workers Compensation Tribunal; Wilhelmena Corby – ACT Civil and Administrative Tribunal; Nancy Hennessy – Administrative Decisions tribunal MSW; Felicity Child – State Administrative Tribunal WA; Michael Hawkins – WA Mental Health Review Board; Katherine Bean AAT; Duncan Kerr – AAT; Grant Pearson – Immigration Advisors Complaints and Disciplinary Tribunal NZ; Martha Roche – Weathertight Homes Tribunal NZ; Hilary Kramer – Veterans Review Board; Anne Coghlan VCAT; Clare Endicott QCAT; Richard Oliver QCAT; Justice Alan Wilson QCAT; Raelene Webb Native Title Tribunal; Justice John Chaney State Administrative Tribunal WA; Trish McConnell Weathertight Homes Tribunal NZ; Barry Thomas – Mental Health Review Tribunal QLD; Marilyn Wallce – Social Secuity Appeals Authority NZ; Kathleen MacEvoy Housing Appeals Panel SA; Anne Britton – AAT; Kay Ransome MRT-RRT; Joanne Muller – various Health Professional and Disciplinary Boards; Greg Keating – Workers Compensation Commission NSW; Trisha Harper – COAT Vic
1. Confirm minutes of the 10th Annual General Meeting 2012
Motion that the minutes be adopted – proposed Doug Humphreys, seconded Anne Britton.
2. Chair’s report
Justice Iain Ross, Chair, reported on the following matters:
a. Website development.
b. COAT Manual – text completed and editing almost finished. It is to be formatted and indexed. Manual needs to be in a more accessible form e.g. an app or e-book
c. Tribunal independence – Pam O’Connor will be speaking later in the morning. The report will attempt to identify the best practice in independent recruitment, appointment and reappointment.
d. At the Heads of Tribunal meeting a further project was identified, to commission someone independent of a tribunal to write something about tribunals in order to promote tribunals as an integral part of the justice system.
e. Accommodation project – the IA Group presented at the Heads of Tribunal meeting with best practice guidelines regarding accommodation. The final report will be submitted to the Executive for endorsement.
f. Social media study – a group of researchers from Bond, Edith Cowan and Monash universities are undertaking a study on the most effective social media policy for the Courts. While we anticipate this report will be court-centric our contribution is relatively small $10,000 per annum for three years. The AIJA is a major contributor.
g. Judicial College on-line learning. This ‘facebook for judges’ is an interactive on-line learning tool where a topic is set and the participants contribute to group learning. While there has been resistance in the past by the Judicial College to include tribunals in its education program there is a willingness to include at least legally trained tribunal members in one or two pilot programs. Most of the issues facing courts are the same issues as those being faced by tribunals e.g. self represented litigants, decision making, decision writing, evaluating evidence, how to deal with witnesses and so on. Anne Britton noted the two pilot models were likely to be decision making and fact finding and that COAT could consider developing these to be more jurisdiction specific should the trial be successful.
3. Executive Officer’s Report
Andrew Tenni submitted a written report. COAT is in a healthy financial position with a profit from last year’s conference of $12,000; $3,400 profit from the Leadership Conference; $23,000 in membership fees. There is $165,000 in the three accounts (two cash management accounts and a cheque account). It is recognized that COAT will come under increasing pressure as budgets are tightened and as the super-tribunal in NSW takes shape. The Chair expressed his thanks for the work of Andrew Tenni over the last three to four years noting that as he has now moved out of the tribunal arena to the Courts it is no longer feasible for him to be involved with COAT. Motion that the Executive Officer’s report be adopted – proposed Doug Humphreys, seconded Kay Ransome, carried.
4. Audited Financial Statements
It was noted that audited financial accounts were approved at yesterday’s Executive meeting. Motion that the accounts be adopted - proposed Doug Humphreys, seconded Belinda Cassidy, carried.
5. Election of Office Bearers of the Council:
Election of Office Bearers of the Council – Ann Coghlan moved to the Chair as returning officer:
a. There was only one nomination for the office of Chair – Justice Iain Ross was declared elected to the position of Chair
b. There was only one nomination for the office of Deputy Chair – Trish McConnell. Ms McConnell was declared elected to the position of Deputy Chair.
c. There was only one nomination for the office of Treasurer – Duncan Kerr. Justice Kerr was declared elected to the position of Treasurer
d. There was only one nomination for the office of Secretary – Anne Britton. Ms Britton was declared elected to the position of Secretary
6. General Business
Richard Oliver (QCAT) queried whether there was anything COAT could do to promote tenure for tribunal members. Justice Ross advised that the tribunal excellence framework emphasized independence as a key feature of truly excellent tribunals and that the research undertaken by Pam O’Connor was important in emphasizing the importance of independence and how tribunals should become more independent. Justice Ross indicated it was difficult to argue for tenure across all types of tribunals in Australia.
7. There being no other business, the meeting was closed at 8.33am.