Dispute resolution bodies

Question 1

What do dispute resolution bodies do?

Answer 1

Disupte resolution bodies use conciliation, mediation or arbitration to deal with issues

Question 2

What do tribunals do?

(define)

Answer 2

Dispute resolution bodies that obtain their power to resolve certain types of disputes from parliament
- Develop expertise in particular types of disputes
- Can make binding decisions

Question 3

What is the purpose of a tribunal?

Answer 3

To provide individuals with low-cost, efficient and speedy methods of dispute resolutions

Third party will hear dispute and make a decision

Question 4

What are some examples of tribunals?

Answer 4

Victorian Civil and Administrative Tribunal (VCAT)
Fair Work Commission

Question 5

What does VCAT stand for?

Answer 5

Victorian Civil and Administrative Tribunal

Question 6

What is the purpose of VCAT?

Answer 6

To provide Victorians with low-cost, accessible, efficient and independent tribunal that delivers high-quality dispute resolution.

Question 7

How does VCAT achieve their purpose?

Answer 7

• charging low fees for a person to file their claim and have matter heard (disallowing legal representation)
• variety of locations
• less formal that courts

Question 8

When will VCAT be appropriate?

Answer 8

When
- Dispute within VCAT’s jurisdiction (divisions)
- When parties can properly represent themselves
- likely to settle (parties first referred to mediation and conciliation)

Question 9

When is VCAT not appropriate?

Answer 9

• Class actions
• Large and complex claims
• Existence of alternative methods/avenues
• parties cannot properly represent themselves

Question 10

What is an ombudsman?

Answer 10

An official appointed by the governent to investigate complaints made by individuals against certain bodies or institutions.

Official investigating complaints against institutions

Question 11

What is the purpose of an Ombudsman?

Answer 11

Provide individuals with independent, timely and accessible dispute resolution services against certain agencies and industries.

And small businesses; claims against certain agencies and industries, free, fair and independent

Question 12

What are the two types of ombudsman?

Answer 12

Government - government bodies
Industry - issues regarding particular industries

Question 13

What are features of ombudsman?

Answer 13

• Not court or tribunal
• Hear complaints from individuals against industry providers, agencies and businesses.
• Some can make a binding decision

Question 14

How does ombudsman uphold fairness and equality?

Answer 14

• Fairness: gives parties opportunity to respond to complaint, giving reasons for decision
• Access: Free, fair, independent

e.g The person loding the claim can choose to accept the binding decision or not within 21 days for PTO

Question 15

What is an example of an ombudsman?

Answer 15

PTO - public transport ombudsman

Question 16

What does PTO relate to?

Answer 16

• supply or failure to supply public transport
• Sale of tickets
• Conduct of staff
  Any dispute about public transport

Question 17

What can the PTO NOT investegate?

Answer 17

• Prices of public transport, routes of operation
• Complaints already heard by courts or tribunals
  Does not have authority to order compensation beyond $10,000

Question 18

When is PTO appropriate?

Answer 18

• Dispute within PTO’s jurisdiction
• Cases requiring compensation less than $10,000

Question 19

When is PTO not appropriate?

Answer 19

• Large and complex claims/issues
• Binding decision is sought
• Cases requiring compensation over $10,000

Question 20

What is a complaints body?

Answer 20

Deals with complaints about provision of goods and services, decisions made by certain bodies or authorities.

Question 21

What is the role of a complaints body?

Answer 21

Role to provide free complaints and dispute resolution service for access.
- designed to hear complaints from individuals about services applied to them
- cannot make binding decision
- limited to offering free or low-cost resolution services

Question 22

What is CAV stand for?

Answer 22

Consumer Affairs Victoria

Question 23

What does CAV provide?

Answer 23

information and guidance to educate people on consumer laws, enforces compliance with consumer laws.
- conciliate between trader/consumer, landlord/tenant
- Settle disputes effectively without costs
- commence proceedings on behalf of person

Question 24

When is CAV appropriate?

Answer 24

• Dispute within CAV’s jurisdiction
• Case is likely to settle
• Complaint made by consumer against supplier, tenant against landlord.

Question 25

When is CAV not appropriate?

Answer 25

• If dispute has already been heard, not heard for first time
• Existence of alternative methods/avenues.

Only resolves disputes being heard for first time