The terms of reference require the Commission to consider, among other things, the relationship between courts and tribunals. There are many aspects to this relationship. This chapter discusses the extent to which tribunal processes should resemble those of courts in terms of tribunal adherence to, or departure from, a judicial model of dispute resolution and relative levels of formality in proceedings. Tribunals and the judicial model 12.2 Tribunals provide decision making and dispute resolution processes which are 'alternative' to traditional court proceedings.
Tribunals are part of the executive arm of government.
The legislation prescribing their structure, powers and practices mandates forms of adjudication which are often quite different from adjudication in a court. 12.3 Tribunals are expressly required to provide a means of review that is fair, just, economical, informal and quick. Some commentators on the tribunal system have claimed that tribunals have been captured by the judicial model. Those responsible have been said, variously, to be the AAT's judicial and lawyer members, the legal representatives appearing before it and the Federal and High Courts which supervise tribunal decision making. One commentator has stated that The adjectival label 'administrative' fools very few people.