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7/29/2019 Tribunal Competency Framework Draft 16
http://slidepdf.com/reader/full/tribunal-competency-framework-draft-16 1/12
TRIBUNAL
COMPETENCY
7/29/2019 Tribunal Competency Framework Draft 16
http://slidepdf.com/reader/full/tribunal-competency-framework-draft-16 2/12
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
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2 3
INTRODUCTION
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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
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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
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B. FAIR TREATMENTFaIR TReaTmeNT
RELEvANT QUALITIEs
inss, cous, onc n copssion
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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.
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C. COMMUNICATIONCOmmUNICaTION
RELEvANT QUALITIEs
inss iou onc. Cous, pinc, onc,
inss, snsiivi, copssion n s iscipin.
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
Communicates eectively with parties, other Members, Mediators and sta . Treats all people attending, appearing or working at the Tribunal with courtesy,
respect and dignity.
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.
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D. CONDUCT OF hEARINgsCONDUCT OF heaRINgS
RELEvANT QUALITIEs
inss iou onc. Cous, pinc, onc,
inss, snsiivi, copssion n s iscipin.
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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.
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E. DIsPUTE REsOLUTION:deCISION maKINg aNd alterNatIVedISPUte reSOlUtION (adr)
DISPUTe ReSOlUTION
RELEvANT QUALITIEs
dcisivnss, confnc, cou, inpnnc n ipii
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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
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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)
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F. EFFICIENCYeFFICIeNCy
RELEvANT QUALITIEs
Coin o svin pubic. Coin o fcin
inision n s iscipin.
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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.
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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.
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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,
respect and dignity.
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.
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h. LEADERshIP AND MANAgEMENTleaDeRShIP aND maNagemeNT
RELEvANT QUALITIEs
rsponsibii, iinion n coin o fcin inision.
COMPETENCY ExAMPLEs OF PERFORMANCE INDICATORs
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.