What’s our role and how can we support you at the Tribunal?

We are committed to the principles of our Participant Service Charter . We want a fair outcome and to support you through the Tribunal process.

We’ll let you know in writing which of our staff will represent us at the Tribunal. We call them a case manager.

You can contact your case manager if you have any questions about the process. They can also answer any questions you might have on how the process could affect you.

We will also have a lawyer if we are not able to resolve your issues quickly. They will help you and the Tribunal with the legal aspects of the review. For example, they prepare documents that explain the issues.

We need to have lawyers to meet our legal obligations at the Tribunal. We need to help the Tribunal make its decision , and act as a model litigant at the Tribunal. 

For example, this means we must act honestly and fairly at the Tribunal by: 

  • dealing with matters quickly and without unnecessary delay
  • acting consistently, and working with you the same way we work with all other people at the Tribunal
  • avoiding or limiting Tribunal hearings where possible, and trying to reach an agreement together where this is the best outcome for everyone
  • not taking advantage of people who don’t have resources for legal representation at the Tribunal.

We can still act firmly and properly at the Tribunal to pursue our interests as a government agency. For example, we can still defend our decision at the Tribunal if we think we made the right decision.

In some situations, we may need the Tribunal to make a decision, instead of us making an agreement together. This might be if there’s a complex and unclear area of law we need to resolve at the Tribunal.

You can read more about our legal obligations in the Legal Services Directions on the Federal Register of Legislation website.

This page current as of
13 September 2021
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