The following summarises the work of the Australian Competition Tribunal, the Copyright Tribunal, the Defence Force Discipline Appeal Tribunal and the Federal Police Disciplinary Tribunal during the reporting year.
Australian Competition Tribunal
The Australian Competition Tribunal was established under the Trade Practices Act to hear applications for the review of:
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 the review. It can affirm, set aside or vary the decision under review.
The Minister may also refer to the Tribunal, for inquiry and report, issues concerning certain practices by ocean cargo carriers.
Hearings before the Tribunal normally take place in public. Parties may be represented by a lawyer. The procedure of the Tribunal is subject to the Trade Practices Act and regulations within the discretion of the Tribunal. The Trade Practices Regulations 1974 sets out some procedural requirements in relation to the making and hearing of review applications.
Proceedings are conducted with as little formality and technicality and with as much expedition as the requirements of the Act and a proper consideration of the matters before the Tribunal permit. The Tribunal is not bound by the rules of evidence.
Membership and staff
The Tribunal consists of a President and such number of Deputy Presidents and other members as are appointed by the Governor-General.
During the reporting year, Justice Goldberg was appointed President of the Tribunal for a period of five years with effect from 30 July 2003. Justice Gyles was appointed a Deputy President for the period 4 December 2003 to 21 August 2008, and Justice Heerey was appointed as a Deputy President from 4 December 2003 to 15 February 2009. Justices Cooper and Hely remained Deputy Presidents.
The Registrar and Deputy Registrars of the Tribunal are all officers of the Federal Court. Their details are set out in Appendix 3 on page 106.
Three review proceedings were current at the start of the reporting year. During the year, eleven proceedings were commenced and nine matters were finalised. Five matters are pending.
No complaints were made to the Tribunal about its procedures, rules, forms, timeliness or courtesy to users during the reporting year.
Copyright Tribunal
The Copyright Tribunal was established under the Copyright Act 1968 to hear applications dealing with four main types of matters:
Hearings before the Tribunal normally take place in public. Parties may be represented by a lawyer. The procedure of the Tribunal is, subject to the Copyright Act and regulations, within the discretion of the Tribunal. The Copyright Tribunal (Procedure) Regulations 1969 sets out procedural requirements for the making and hearing of applications.
Proceedings are to be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Act and a proper consideration of the matters before the Tribunal permit. The Tribunal is not bound by the rules of evidence.
The Tribunal consists of a President and such number of Deputy Presidents and other members as are appointed by the Governor-General. During the reporting year Justices Emmett and Finkelstein were re-appointed as Deputy Presidents to the Tribunal for a period of three years with effect from 24 June 2004. Justice Lindgren continues as President.
The Secretary of the Tribunal is an officer of the Federal Court. Details of the Secretary are set out in Appendix 3 on page 106.
Five matters were current at the start of the reporting year. During the year, four matters were commenced, and two were finalised. Seven matters are pending.
No complaints were made to the Tribunal about its procedures, rules, forms, timeliness or courtesy to users during the reporting year.
Defence Force Discipline Appeal Tribunal
The Defence Force Discipline Appeal Tribunal was established under the Defence Force Discipline Appeals Act 1974 to hear and determine appeals by persons who have been:
mind (“a prescribed acquittal”) by a court martial or a Defence Force Magistrate under the Defence Force Discipline Act 1982.
The Tribunal may dismiss or allow the appeal, substitute for a conviction a prescribed acquittal, or, if satisfied the appellant was unfit to stand trial, quash the conviction or prescribed acquittal and direct that the appellant be kept in strict custody until the pleasure of the Governor-General is known.
Hearings before the Tribunal normally take place in public. Parties may be represented by a lawyer. The procedure of the Tribunal is within its discretion.
Membership and staff
The Tribunal consists of a President, a Deputy President and such other members as are appointed by the Governor-General. During the reporting year, the President of the Tribunal was Justice Heerey.
The Registrar and Deputy Registrars of the Tribunal are officers of the Federal Court. Their details are set out in Appendix 3 on page 106.
Four proceedings were current at the start of the reporting year. During the year, one proceeding was commenced and four were finalised. One matter is pending.
No complaints were made to the Tribunal about its procedures, rules, forms, timeliness or courtesy to users during the reporting year.
Federal Police Disciplinary Tribunal
The Federal Police Disciplinary Tribunal was established under the Complaints (Australian Federal Police) Act 1981 to deal with disciplinary offences under the Australian Federal Police (Discipline) Regulations. In addition, the responsible Minister may refer to the Tribunal for inquiry and report a matter relating to the Australian Federal Police.
Hearings before the Tribunal normally take place in public. Parties may be represented by a lawyer. Proceedings are to be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Act and a proper consideration of the matters before the Tribunal permit. The Tribunal is not bound by the rules of evidence.
The Tribunal consists of a President and such number of Deputy Presidents and other members as are appointed by the Governor-General.
During the reporting year, Justice Whitlam’s term as President of the Tribunal expired. Justice Kiefel was appointed as President for a period of two years with effect from 22 April 2004. Justice Weinberg continued as a Deputy President of the Tribunal.
The Registrar and Deputy Registrars of the Tribunal are all officers of the Federal Court. Their details are set out in Appendix 3 on page 106.
No disciplinary proceedings were current at the start of the reporting year. During the year, no proceedings were commenced. Nor were any matters referred by the Minister for inquiry and report.
No complaints were made to the Tribunal about its operations during the reporting year.