The Tribunal Member is the person who will hear and decide your case. They will hear the evidence and make a decision in accordance with the law.
About our members
Our members come from a variety of backgrounds and professions including:
- Lawyers
- Psychiatrists
- People with a social welfare, nursing or public sector background
- Accredited mediators.
In some cases, you may have more than one Member deciding your matter.
Member impartiality
Tribunal Members are independent and impartial. They uphold the law and values of SACAT at conferences, conciliations, mediations and formal hearings.
If a Tribunal Member assigned to your case has a personal or financial interest in your matter, they may decline to hear the matter and another Tribunal Member may hear your matter instead.
If you believe the Tribunal Member hearing your case is biased, you can make an application for their recusal. Recusal involves the Tribunal Member no longer having involvement in your matter.
Contact SACAT if you want to make this application.
What is bias?
A Tribunal Member is not biased just because you do not agree with their findings.
The following examples may help you better understand where a Tribunal Member may be biased.
The Tribunal Member hearing your application spends 5 minutes speaking to another party’s lawyer before anyone else arrives to the hearing. The Tribunal Member is friends with this lawyer, and they catch up for coffee during the time your case is being considered. This is an example of where a Tribunal Member may be biased, and an application may be made for their recusal.
The Tribunal Member hearing your application is a close friend of the respondent. This is an example of where a Tribunal Member may be biased and they have a duty to recuse themselves from hearing the matter.
Initial views
Tribunal Members will sometimes provide their initial views of your case to give everyone involved the opportunity to address these issues. This may include whether SACAT is able to hear your application.
This does not mean the Tribunal Member has prejudged your case - they will still take into consideration what you and other parties have to say.
