About the Anti-Discrimination Tribunal
The Anti-Discrimination Tribunal was established
by the Anti-Discrimination Act 1991.
Functions of the Tribunal
Hear and determine complaints under the Anti
Discrimination Act 1991.
The Tribunal hears and determines complaints as to whether the Anti Discrimination
Act 1991 ("the Act") has been contravened.
The Act created two entities for the enforcement
of its provisions. One of the important functions of the Anti-Discrimination
Commission is to inquire into and attempt to conciliate complaints
of discrimination, sexual harassment and racial and religious
vilification and to carry out investigations into alleged contraventions
of the Act. Matters which are not resolved by the Commission
may be referred to the Tribunal for hearing and determination.
It is important to note that the Act envisages
that the hearings of the Tribunal should not be overly formal
or legalistic. In particular, the Tribunal is not bound by the
rules of evidence and must act according to equity, good conscience
and the substantial merits of the case without regard to technicalities
and legal forms.
Hear applications for Exemptions.
The Tribunal may grant an exemption under the Act in certain
circumstances for a period of not more than 5 years. The Tribunal
may also renew an exemption for a further period of not more
than 5 years.
Provide opinions to the Anti-Discrimination Commissioner.
If requested by the Anti-Discrimination Commissioner,
the Tribunal has a discretion to provide an opinion about how
the Act applies in a specific situation.
Hear applications for Interim Orders.
The Tribunal hears applications for orders
prohibiting a person from doing an act that might prejudice
an order that the Tribunal might make after a hearing, or the
investigation or conciliation of a complaint.
Review some decisions of the Anti-Discrimination Commissioner.
The Tribunal may grant extensions of
time to complainants in certain circumstances before their complaint
is referred to the Tribunal, and may review the Commissioners decision to lapse a complaint where the Commissioner is of the
opinion that a complainant has lost interest in continuing with
a complaint.