New cat on the roof

Tribunal justice ... Special skills needed for new Bureau de Spank in NSW ... People who have been spanked are ideally placed to spank others ... A profusion of sore bottoms ... NCAT and the great tribunal aggregation ... Steering committee to be steered by reference group 

N CAT

NCAT - surely that has the ring of judicial, or even quasi-judicial, authority about it. 

New South Wales' version of VCAT, except different. 

Attorney General Smith assured everyone that this would not be a "one size fits all approach".  

Indeed, specialist panels "will form the backbone" of the NSW Civil and Administrative Tribunal. 

The whole show will commence business in January 2014. 

Next year a steering committee (yet to be appointed) will design the new baby - staffing structures, pay, perks and rules. 

What to do with existing tribunal members, whose terms go beyond the start date of NCAT, is one of the issues that needs concentration. 

In February the government appointed a batch of lawyers to a range of health-related regulatory and disciplinary tribunals - nine in all. 

1. Aboriginal and Torres Straight Islander Health Practice Tribunal; 
2. Chinese Medicine Tribunal; 
3. Dental Tribunal; 
4. Medical Radiation Practice Tribunal; 
5. Nursing and Midwifery Tribunal; 
6. Occupational Therapy Tribunal; 
7. Physiotherapy Tribunal; 
8. Podiatry Tribunal; and 
9. Psychology Tribunal.  

Those appointed, whose terms expire in February 2015, are: 

• Jennifer Boland - former Family Court judge;
• Graham Mullane - solicitor and former Family Court judge; 
• Mary Brennan - former Sparke Helmore and Ashurst solicitor;
• Michael Joseph SC - barrister - Maurice Byers Chambers; 
• Peter Dwyer - barrister - Maurice Byers Chambers; 
• Mark Lynch - barrister 15 Wardell;
• Ian Newbrun - barrister - Jack Shand Chambers; 
• Robert Titterton - barrister for 14 years - ex-CTTT and ASIC; and 
• Phillipa Gormly - (different terms of appt) - barrister - Blackstone Chambers. 

It was heartening to see that Michael Joseph SC's appearance on the OLSC disciplinary register does not preclude him from disciplining others. 

He was placed on the register a year ago after the Bar 'n' Grill determined that there was a "reasonable likelihood of a finding of unsatisfactory professional misconduct". 

The unsettling matter attracted a public reprimand for breaching barristers rules 54, 55 and 76.

The strife concerned the telephoning of an opponent's client in pending proceedings and making statements he knew to be false.  

It could happen to anyone. 

Part-time tribunal members can expect to receive at least $436 a day or $218 for the first hour then $73 for each subsequent hour. 

That seems to work out at a four-hour day. 

The latest figures we could find on the pay-packets for part-timers are for 2009, and the daily rate is likely to have gone up since then.  

There are about 30 separate tribunals flourishing in NSW. All but seven will wind-up in NCAT. Those exempt, for the time being, are the touchy political ones: 

• Independent Liquor and Gaming Authority; 
• Industrial Relations Commission; 
• Mental Health Review Tribunal; 
• Motor Accidents Authority; 
• Racing Appeals Tribunal; 
• Remuneration Tribunals; and 
• Workers Compensation Commission. 

In any event, it is likely that the lawyers recently appointed to the health-occupation tribunals will find safe berths at NCAT - in the occupational & regulatory division. 

*   *   *

THE president of the new body will be drawn from the Supremes, along with other judicial members.

There will be five divisions, each with a deputy president: consumer & commercial; administrative & equal opportunity; occupational & regulatory; guardianship and victims support. 

There'll also be an appeals panel - "an easy, timely and cost effective internal merits appeal mechanism". 

The occupational & regulatory division will cover not only health related matters, but legal services as well. 

The government wants to emphasise, "the distinct nature of the matters in the occupational & regulatory division, which has a stronger public protection focus". 

People who have gone through the fire of being publicly reprimanded for "the reasonable likelihood" of a finding of unsatisfactory professional conduct, are well-placed to make decisions about the spanking of other professionals. 

Not only will there be a steering committee "to guide the practical implementation of NCAT", there's also to be a broader reference group "to provide input into the steering committee's deliberations". 

This sounds like a lot of fun. 

*   *   *

BEST to have a look at the Legislative Council's law and justice standing committee's report on consolidating tribunals here. 

And the government's response to the report here.  

Also, see Tulkinghorn on tribunal justice - where small claims and occupational regulation are generally unprofitable for lawyers and how they become the subject of simple, tribunal-like procedures.