Steps following referral of a complaint to the Tribunal

After the Tribunal receives the complaint from the Anti-Discrimination Commission, there are certain steps which need to be taken before the Final Hearing.

How long it takes until the Final Hearing of the complaint depends on many different things. It usually takes at least 8 to 12 months before a complaint is set down for a Final Hearing, but it may take longer.

Referral Report
First steps
The parties can try and resolve the complaint without a Final Hearing
Additional steps and the Final Hearing

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Referral Report

• When a complaint is referred from the Anti-Discrimination Commission, the Tribunal receives a Referral Report from the Commission.The Referral Report contains copies of all relevant documents provided by the parties to the Commission in relation to the complaint.

• The Tribunal provides a copy of the Referral Report to each of the parties as soon as practicable after it is received from the Commission.

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First steps

• Usually when the Tribunal writes to the parties and gives them a copy of the Referral Report it also tells them what Directions have been ordered. The parties need to each comply with these Directions.

• In most cases, the initial Directions ordered will be that the parties each file and serve Witness Statements (or Points of Claim and Points of Defence if they are legally represented) and then attend a Conciliation Conference.

• Sometimes, the Tribunal sends the parties a copy of the Referral Report and requires them to attend a Directions Hearing instead.

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The parties can try and resolve the complaint without a Final Hearing

• The parties can try to reach an agreement to resolve the complaint at any time.

• The parties may have an opportunity to resolve the complaint at a Conciliation Conference at the Tribunal.

• If the parties reach an agreement, they need to write it down, sign it, and then file the original with the Tribunal Registry. This usually then finalises the complaint and the Tribunal closes its file.

• A complaint can also be withdrawn by a Complainant at any time.

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Additional steps and the Final Hearing

• If the parties are unable to resolve the complaint, the Tribunal may make some Further Directions.

• When the complaint is ready for the Final Hearing, the Tribunal will set a particular date, time and place for the Final Hearing to take place.

• At the Final Hearing, each party presents their evidence, similar to a hearing or trial in a court. The Tribunal Member has control over the hearing, like a Judge or Magistrate. After all of the evidence has been presented, the Tribunal Member will make a decision. The decision and the reasons for the decision are usually delivered some time after the hearing.

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