The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers.
The tribunal was established under section 92 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW).
[8] In appointing the members, the following persons could be considered: (a) people with knowledge of and experience in administration, child care, community services, education, law, medicine, psychology and social work; (b) other people who the Minister considered had suitable qualifications or experience warranting their appointment.
[5] In practice, the tribunal would advertise for expressions of interests in member positions, and would select applicants based on merit.
The tribunal took the view that this ensured that members were drawn from a wide pool of qualified applicants.
[10] As a result, the tribunal had an important function in making government more “open and accountable” by providing an opportunity for affected people to challenge decisions.
The object is not punitive and the Tribunal is not there to punish the physiotherapist but is there to maintain proper standards in the profession.
[15] When the tribunal was first established, the intention was to make it accessible to the general public who might be intimidated by the normal legal processes of a court.
[3] However, there was still some legalistic aspects of its procedures, and parties would engage lawyers and expert witnesses to appear in the tribunal.