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A day in the Magistrates Court in Australia I was a witness at public hearing in the Court. Upon arrival at a public hearing: Witnesses are asked to complete a pro forma with their full name, address and capacity in which they appear (for example, privately or representing a residents group or professional body etc). The pro forma is used by Hansard to ensure it has personal details correct when compiling the formal transcript of proceedings. Upon coming to the committee table: The committee chair reminds witnesses of their responsibility to tell the truth and asks them to identify themselves and the capacity in which they appear. Witnesses are normally offered the opportunity to make a short statement summarizing the issues of concern to them.
Confidential evidence: If a witness is aware that some (or all) of their evidence involves confidential material they should inform the committee which may decide to take this evidence in camera. Questions: Members may question each witness after the opening statement. Questions are intended to clarify aspects of the submission and seek information relevant to matters within the committees terms of reference. Section 113 of the Tribunal Act provides that the Acting President may act in the position of the President of the Tribunal where there is a vacancy in the office of the President and where the President is unable, for any reason, to perform the functions of his or her Office. The Residential Tenancies Tribunal is a body established under Part VII of the Act to deal with applications, provide assistance with respect to those applications and refer persons to a range of private and public sector services providing residential tenancy advice. Australian Residential Tribunal: The Australian Residential Tribunal was established under the Trade Practices Act 1965 and continues under the Trade Practices Act 1974 (the Act).
Prior to 6 November 1995, the Tribunal was known as the Trade Practices Tribunal. The Tribunal consists of a President and such number of Deputy Presidents and other members as are appointed by the Governor-General. A presidential member must be a judge of a federal court. Other members must have knowledge of or experience in industry, commerce, economics, law or public administration. For the purpose of hearing and determining proceedings, the Tribunal is constituted by a presidential member and two non-presidential members. Currently, all presidential members are Judges of the Federal Court of Australia.
The Tribunal has no staff or physical resources of its own. The funds appropriated by the Parliament for the purposes of the Tribunal are managed by the Federal Court. Registry services and administrative support for the Tribunal are provided by the staff of the Federal Court. The Tribunal is a review body. A review by the Tribunal is a re-hearing or a re-consideration of a matter and it may perform all the functions and exercise all the powers of the original decision-maker for the purposes of review. It can affirm, set aside or vary the decision.
The Tribunal hears applications for review of determinations of the Australian Competition and Consumer Commission ("the Commission") granting or revoking authorizations. Authorizations are granted by the Commission permitting conduct and arrangements (including company mergers and acquisitions) to be carried on that would otherwise be prohibited under the Act because of their anti-competitive effect. The Tribunal hears applications for review of certain decisions of the Minister or the Commission in access matters. The Act establishes a legislative regime to facilitate third party access to the services of certain essential facilities of national significance such as electricity grids or natural gas pipelines. The Tribunal also hears applications for review of certain determinations of the Commission in relation to notices given by the Commission under s 93 of the Act regarding exclusive dealing. The Tribunal also has power to inquire into and report to the Minister on whether a non-conference on carrier has a substantial degree of market power on a trade route.
The Federal Court of Australia, created by the Federal Court of Australia Act 1976, began to exercise its jurisdiction on 1 February 1977. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole of the jurisdiction of the Australian Industrial Court and of the Federal Court of Bankruptcy. The Court is a superior court of record and a court of law and equity. It sits in all capital cities in Australia and elsewhere in Australia from time to time. The Court's original jurisdiction is conferred by over 150 statutes of the Australian Parliament. The Court exercises appellate jurisdiction over decisions of single judges of the Court, decisions of the Supreme Court of Norfolk Island, decisions of the Federal Magistrates Service in non-family law matters and certain decisions of Australian State Supreme Courts exercising federal jurisdiction.
The Chief Justice is responsible for managing the administrative affairs of the Court. The Chief Justice may delegate any of his administrative powers to judges. The Registrar may assist the Chief Justice by exercising powers on his behalf in relation to the Court's administrative affairs. Mr. Warwick Some is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice.
The Registrar has the same powers as the head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1999. The administration of the Court is assisted by committees of judges, which include the following committees: Admiralty, Assisted dispute resolution Audit, Bankruptcy, Corporations Equality and the law Federal Court Reports, Finance, Information technology, Judicial education, Library, Management of appeals, Native title coordination, Practice and procedure, Rules, Security, Transcript. Each committee is supported by staff of the Court and its role is defined by its terms of reference. The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs) are appointed or employed under the Public Service Act. On June 30 2002 there were 381 persons employed Australia-wide as registry staff or as judges' personal staff. Generally, judges have two personal staff members.
As you might see, a day in the Magistrates Court in Australia provided me a lot of useful information. Words: 1 051 Sources: web The Residential Tenancies Tribunal pursuant to subsection 113 (1) of the Residential Tenancies Act 1997; web
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