Dispute resolution bodies Flashcards
What do dispute resolution bodies do?
Disupte resolution bodies use conciliation, mediation or arbitration to deal with issues
What do tribunals do?
(define)
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
What is the purpose of a tribunal?
To provide individuals with low-cost, efficient and speedy methods of dispute resolutions
Third party will hear dispute and make a decision
What are some examples of tribunals?
Victorian Civil and Administrative Tribunal (VCAT)
Fair Work Commission
What does VCAT stand for?
Victorian Civil and Administrative Tribunal
What is the purpose of VCAT?
To provide Victorians with low-cost, accessible, efficient and independent tribunal that delivers high-quality dispute resolution.
How does VCAT achieve their purpose?
- charging low fees for a person to file their claim and have matter heard (disallowing legal representation)
- variety of locations
- less formal that courts
When will VCAT be appropriate?
When
- Dispute within VCAT’s jurisdiction (divisions)
- When parties can properly represent themselves
- likely to settle (parties first referred to mediation and conciliation)
When is VCAT not appropriate?
- Class actions
- Large and complex claims
- Existence of alternative methods/avenues
- parties cannot properly represent themselves
What is an ombudsman?
An official appointed by the governent to investigate complaints made by individuals against certain bodies or institutions.
Official investigating complaints against institutions
What is the purpose of an Ombudsman?
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
What are the two types of ombudsman?
Government - government bodies
Industry - issues regarding particular industries
What are features of ombudsman?
- Not court or tribunal
- Hear complaints from individuals against industry providers, agencies and businesses.
- Some can make a binding decision
How does ombudsman uphold fairness and equality?
- 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
What is an example of an ombudsman?
PTO - public transport ombudsman
What does PTO relate to?
- supply or failure to supply public transport
- Sale of tickets
- Conduct of staff
Any dispute about public transport
What can the PTO NOT investegate?
- Prices of public transport, routes of operation
- Complaints already heard by courts or tribunals
Does not have authority to order compensation beyond $10,000
When is PTO appropriate?
- Dispute within PTO’s jurisdiction
- Cases requiring compensation less than $10,000
When is PTO not appropriate?
- Large and complex claims/issues
- Binding decision is sought
- Cases requiring compensation over $10,000
What is a complaints body?
Deals with complaints about provision of goods and services, decisions made by certain bodies or authorities.
What is the role of a complaints body?
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
What is CAV stand for?
Consumer Affairs Victoria
What does CAV provide?
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
When is CAV appropriate?
- Dispute within CAV’s jurisdiction
- Case is likely to settle
- Complaint made by consumer against supplier, tenant against landlord.
When is CAV not appropriate?
- If dispute has already been heard, not heard for first time
- Existence of alternative methods/avenues.
Only resolves disputes being heard for first time
