Submission: In response to the Inquiry into Opportunities to consolidate tribunals in NSW

RLC’s tenancy service (Inner Sydney Tenants Advice and Advocacy Service) frequently represents tenants in the Residential Tenancy Division of the Consumer, Trader and Tenancy Tribunal.

Our general legal service has assisted or represented clients in the General Division and the Equal Opportunity Division of the Administrative Decisions Tribunal; the General Division of the Consumer, Trader and Tenancy Tribunal; and the Guardianship Tribunal. 

Our view in summary

RLC’s submission reflected the fact that we did not have a firm view as to whether all or some of the existing tribunals and commissions would benefit from amalgamation. We did not advocate for or against any of the options put forward by the Discussion Paper, though we provided views on the principles that should apply to any tribunal, amalgamated or not. We submitted that any Tribunal, large or small, should be quick, fair, inexpensive, accessible, flexible and specialised. 

We recommended: 

• If the government decides to create a comprehensive, multi-jurisdictional tribunal, specialist members with appropriate qualifications and experience are appointed to deal with matters in their relevant division.
• Any amalgamated tribunal should have an Appeal Panel or an Appeal Tribunal
• If the Consumer, Trader and Tenancy Tribunal remains as a stand alone tribunal, an Appeal panel should be introduced.
• If there are restrictions on legal representations, leave for legal representation should be given to disadvantaged and vulnerable parties and/or where the matter is legally complex.
• If the government decides to create a comprehensive, multi-jurisdictional tribunal like Queensland or Victorian Civil and Administrative Tribunals, accessibility of the tribunal will be improved it if has registries and conducts hearings in outer suburban areas and in regional towns, as well as Sydney.