Tribunal Competency Framework Draft 16

7/29/2019 Tribunal Competency Framework Draft 16

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TRIBUNAL

COMPETENCY



1

CONTENTs

INtrOdUCtION 2

a. KNOwledge aNd

teChNICal SKIllS 4

B. aIr treatmeNt 6

C. COmmUNICatION 8

d. CONdUCt O hearINgS 10

e. dISPUte reSOlUtION:

deCISION maKINg aNd

alterNatIVe dISPUte

reSOlUtION (adr) 12

1. dcision kin 12

2. aniv dispu

rsouion (adr) 14

. eICIeNCy 16

g. PrOeSSIONalISmaNd INtegrIty 18

h. leaderShIP aNd

maNagemeNt 20



2 3

INTRODUCTION

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t ok is ivi ino

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ssoci quiis n

ponc inicos s oos:

A Knowledge and Technical skills

B Fair Treatment

C Communication

D Conduct o Hearings

E Dispute Resolution: Decision

Making and Alternative

Dispute Resolution (ADR)1. dcision mkin

2. aniv dispu

rsouion

F Efciency

G Proessionalism and Integrity

H Leadership and Management

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Justice Iain Ross AO

Chair, COAT

ThIs FRAMEWORK OF

TRIBUNAL COMPETENCIEs

IDENTIFIEs ThE KNOWLEDgE,

sKILLs, BEhAvIOURs AND

ATTITUDEs ThAT MEMBERs

OF TRIBUNALs ARE ExPECTED

TO DEMONsTRATE IN

PERFORMINg ThEIR ROLE.

INTRODUCTION



4 5

RELEvANT QUALITIEs

Consciniousnss, coin o i sns

COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs

Possess a sound and detailed knowledge o the legal ramework and jurisdiction o the

Tribunal as set out in the relevant legislation.

Possess a detailed knowledge o the Tribunal’s procedure and apply that procedure

appropriately.

Specialist Members possess an in depth and up-to-date expert knowledge o the

relevant subject matter o the Tribunal’s jurisdiction.

Can accurately describe and explain the Tribunal’s legal ramework, jurisdiction

and procedures to parties.

Properly applies appropriate legal principles to issues beore the tribunal.

Absorbs and analyses complex and competing actual and legal material.

Logically identies and articulates critical issues.

Undertakes necessary research, including accessing relevant databases.

Stays up to date with changes to law and procedure.

Broadens and extends knowledge.

Specialist Members keep up to date with their relevant area o expertise.

A. KNOWLEDgE AND TEChNICAL sKILLsKNOwleDge aND TeChNICal SKIllS



6 7

B. FAIR TREATMENTFaIR TReaTmeNT

RELEvANT QUALITIEs

inss, cous, onc n copssion


Is aware o and respects diversity in all its orms including dierences in belies,

gender, race, religious customs, age, disability, mental capacity, sexual orientation,

social or economic status and liestyles.

Possesses a sound understanding o the Tribunal’s obligation to ensure a air

hearing including the obligation to assist sel represented parties and applies that

understanding in practice.

Treats all people attending, appearing or working in the Tribunal with courtesy,

respect and dignity.

Ensures that the requirements o those with special needs are properly met.

Makes use o interpreters, signers and communication aids such as loop systems,

to ensure eective communication between parties and Tribunal Members.

Takes appropriate account o all actors that may unairly discriminate and undermine

ull and eective participation by parties and representatives.

Identies, acknowledges and sets aside personal prejudices.

Uses appropriate orms o address and language.

Provides appropriate assistance to parties and in particular sel represented parties.

Asks questions and/or makes comments in a manner that is sensitive to issue o age,

belies, cultural dierences, gender, physical or mental disabilities, race, religious

customs, sexual orientation and lie styles.

Participates in the Tribunal in a way that enhances and promotes air and equal

treatment, eg. by appropriate approach, attitude and non-verbal communication.

Maintains a proper balance between:

• assisting those appearing before the Tribunal and enabling them to participate fully and

• the impartiality of the Tribunal.

Participates in the Tribunal’s cultural competency program as part o their commitment

to proessional development.

Has a clear understanding o cultural context and the inherent disadvantage

experienced by Koori and Culturally and Linguistically Diverse (CALD) communities.



8 9

C. COMMUNICATIONCOmmUNICaTION

RELEvANT QUALITIEs

inss iou onc. Cous, pinc, onc,

inss, snsiivi, copssion n s iscipin.


Communicates eectively with parties, other Members, Mediators and sta . Treats all people attending, appearing or working at the Tribunal with courtesy,


Ensures eective communication between the Tribunal and all parties appearing

beore it.

Asks clear, concise and relevant questions which are understood by those to whom

they are addressed.

Uses clear, concise and plain language to explain any relevant actual, legal or

procedural issues to the parties.

Interacts appropriately with the parties at a hearing.Employs active listening skills, eg. is attentive, checks perception etc.

Uses appropriate body language, eg. uses appropriate posture, gesture, acial

expression, eye contact etc.

Regularly checks the understanding o all participants.

Makes eective use o those who support, interpret, assist and represent parties

in the Tribunal process, to enable all to participate ully in the proceedings, and

ensures eective use o all types o communications aids.

Articulates decisions using clear and concise language so that the parties

understand the ndings, reasons and decisions.

In panel hearings the presiding Member eectively communicates with the other

Members to ensure that there is an opportunity or ull discussion and that each

Member expresses an opinion on all issues to be decided.



10 11

D. CONDUCT OF hEARINgsCONDUCT OF heaRINgS

RELEvANT QUALITIEs

inss iou onc. Cous, pinc, onc,

inss, snsiivi, copssion n s iscipin.


Conducts hearings in a manner that establishes and maintains the independence

and authority o the Tribunal and enables proper participation by all involved.

Manages the hearing process to acilitate the air and timely determination o

the dispute.

Ensures that the hearing addresses all relevant issues.

Facilitate the participation o all parties and representatives to ensure air treatment

and a air hearing.

Controls the proceedings through air and eective management and intervention.

Appropriately conducts proceedings in accordance with current procedural rules.

Treats all parties and representatives even-handedly.

Makes air and eective use o adjournments while minimising delay.

Maintains eective control with a proper balance between ormality and inormality.

Logically identies critical issues.

Identies areas requiring clarication or investigation and claries uncertainty.

Is punctual and well-prepared and exhibits amiliarity with the points at issue in the case.

Behaves in a measured, calm and non-conrontational manner and deals eectively with

inappropriate conduct.

Is objective, open minded and inspires respect and condence.

Maintains a proper balance between:

• assisting those appearing at the Tribunal and enabling them to participate fully; and

• the impartiality of the Tribunal.

Ensures that each party is properly heard.

Explains to the parties what will happen ater the hearing has ended.Prioritises eectively and minimises delays and irrelevancies.

Maintains an eective and cooperative working relationship with sta.

Where appropriate, identies areas o agreement between the parties, claries the

issues in dispute and encourages the parties to negotiate and settle their dispute.

Ensures that i a party does not attend, the case is properly considered in accordance

with the rules o procedure and the requirements o justice.



12 13

E. DIsPUTE REsOLUTION:deCISION maKINg aNd alterNatIVedISPUte reSOlUtION (adr)

DISPUTe ReSOlUTION

RELEvANT QUALITIEs

dcisivnss, confnc, cou, inpnnc n ipii


Exercises sound judgment and the appropriate exercise o discretion.

Identies and assimilates relevant acts and expert evidence.

Uses a structured decision making process to produce well-structured, concise and

clear reasons or decisions.

Makes and delivers decisions in a timely manner.

Uses appropriate dispute resolution techniques to assist parties to resolve their dispute.

Weighs relevant issues and matters o law to ormulate reasoned and coherent

decisions.

Objectively and impartially evaluates evidence.

Makes relevant ndings o act based on the evidence beore the Tribunal and

distinguishes those acts which are irrelevant.

Ensures that the issues are identied, makes ndings o act by reerence to relevantevidence and applies the relevant law in making decisions.

Applies specialist expertise, where relevant, to understand and evaluate the evidence.

Treats decisions o the Tribunal with respect, in the interests o comity and consistency.

Makes rm, condent decisions and makes unpopular decisions when necessary.

Relies on own judgment but seeks assistance rom other Members where appropriate

and provides such assistance when requested to do so.

Makes timely and appropriate procedural decisions.

Where appropriate gives oral decisions.

Produces well-structured, reasoned oral or written decisions that use clear and conciselanguage so the parties understand the decision and the reasons or it.

Where appropriate gives oral decisions that are clear, articulate, appropriately concise

and determines the issues for consideration; make ndings of fact relevant to those

issues and apply the relevant law so that the parties understand the decision and

the reasons or it.

Written decisions to be edited and proo-read prior to publication.

1. DECIsION MAKINg



14 15

DISPUTe ReSOlUTION:DISPUTe ReSOlUTION

RELEvANT QUALITIEs

Confnc, civi, ipii n p

COMPETENCY PERFORMANCE INDICATORs

Mediators exercise high level mediation skills.

Manages mediations and other ADR processes eectively to acilitate the air and

voluntary resolution o disputes in a timely way.

Posseses high level communication skills.

Treats all parties and representatives with courtesy, respect and dignity.

Makes clear and comprehensive opening statements which explain the process and

the importance o condentiality.

Actively listens, summarises and rerames eectively.

Regularly checks the understanding o all participants.

Assists parties to identiy options or settlement.

Prioritises sel-determination to ensure that parties give inormed consent to any

agreement.

Maintains condentiality at all times, including in private sessions.

Empowers parties to drat terms o settlement that are clear, accurate and concise.

2. ALTERNATIvE DIsPUTE REsOLUTION (ADR)



16 17

F. EFFICIENCYeFFICIeNCy

RELEvANT QUALITIEs

Coin o svin pubic. Coin o fcin

inision n s iscipin.


Manages hearings to acilitate the air and timely resolution o dispute.

Actively manages cases to promote the ecient and just determination o disputes.

Makes eective use o all available Tribunal resources, including computing acilities

and appropriate sotware.

Works at an appropriate pace.

Adopts proactive approach ocusing on key issues.

Manages cases using the most ecient approach and procedures.

Exercises discretion in the course o proceedings to ensure the ecient use o time.

Establishes and enorces realistic time estimates.

Promptly discharges administrative responsibilities.

Works cooperatively with other Tribunal Members and sta.

Prioritises eectively.Is punctual and well prepared.

Uses inormation technology and other resources eectively.

Uses automated order entry systems where available.

Decisions are made in a timely manner consistent with the Tribunal’s perormance

benchmark or the delivery o reserved decisions.



18 19

g. PROFEssIONALIsM AND INTEgRITYPROFeSSIONalISm aND INTegRITy

RELEvANT QUALITIEs

Cpci o n sss n isoion o i o in kin

cisions. Sns o ics, pinc, ons, onc, consiion

o os n pson sponsibii.


Maintains the independence, authority and reputation o the Tribunal.

Maintains personal independence and integrity.

Promotes the highest standards o behaviour.

Shows an ability and willingness to learn and develop proessionally.

Complies with the training requirements o the Tribunal and takes responsibility

or his or her own proessional development.

Recognises and discloses potential conficts o interest.

Behaves with dignity and proessionalism.

Is scrupulously air to all participants in proceedings, attending properly to any

particular needs.

Remains detached and manages own reactions and emotions.

Treats all people attending, appearing or working at the Tribunal with courtesy,


Respects and complies with the law.

Avoids any perception o bias by avoiding use o words or conduct that might

give rise to the perception o an absence o impartiality.

Remains and appears impartial between parties whether individuals, proessionals

or public bodies.

Writes clear, well reasoned decisions in a time rame which is consistent with the

relevant perormance indicator.

Complies with the Tribunal’s Code o Conduct.

Works in a collegiate way with other Members and Tribunal sta.



20 21

h. LEADERshIP AND MANAgEMENTleaDeRShIP aND maNagemeNT

RELEvANT QUALITIEs

rsponsibii, iinion n coin o fcin inision.


All Members

Strategically plans and organises work.

Manages change.

Supports and develops talent.

Encourages and acilitates teamwork.

Members in Leadership Positions

Provide leadership in:

• the delivery of key projects; and/or

• the management and determinat ion of complex cases

Possess administrative and leadership skills o a high order.

Supports and develops talent.

Encourages and acilitates teamwork.

Leads and delivers key projects.

Manages and determines complex cases.

Adopts a strategic approach to the proessional development o other Members.

Manages and osters knowledge transer.

All Members

Strategically manages resources.

Appropriately deals with perormance issues.

Eectively manages tasks allocated to them.

Uses initiative creatively to solve problems.

Participates in the mentoring program and the Tribunal’s appraisal process.

Members in Leadership Positions

Develop the Tribunal’s jurisprudence by well reasoned decisions dealing with

complex legal or actual issues.

Works in partnership with other Members and the administration to achieve objectives

in key projects.

Eectively manages knowledge transer within their area o responsibility and across

the Tribunal.

Eectively manages meetings and encourages contribution.

Initiates and supports innovation and continuous improvement.

Delegates appropriately to support and oster talent.

Engages regularly with the community to report on new initiatives and to obtain eedback.

Regularly interacts with Registry to acilitate innovation and improve the perormance

o their area o responsibility.

Tribunal Competency Framework Draft 16

Documents

Transcript of Tribunal Competency Framework Draft 16