Jurisdiction
The tribunal performed merit reviews of government administrative decisions. In other words, the tribunal would review a decision based on how a government official should have made the decision. This is in contrast to a judicial review where a judge or a court would decide whether the decision was made lawfully. There was also no fees for filing an application in the tribunal. 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 tribunal had jurisdiction to hear appeals concerning Community Welfare matters., the Adoption Information Act 1990., the Adoption of Children Act 1965, and the Children(Care and Protection) Act 1987, Disability Services and Guardianship Act 1987 and Home Care Service, Act 1988.
Applications could be made by persons with a “genuine concern”. The tribunal took the view that any person directly affected by a decision, or a third party who wished to bring proceedings in the public interest, could bring a case in the tribunal. The concern had to be a concern greater than an ordinary member of the public. The tribunal would also exclude people if it considered that they were “unjustifiably interfering” with a decision.
The jurisdiction of the Tribunal is protective and its purpose is to protect the public. 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.
Read more about this topic: Community Services Appeals Tribunal
Famous quotes containing the word jurisdiction:
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (1857–1930)