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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > About Us > Equal Opportunity Division - Summary of Complaint
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Equal Opportunity Division - Summary of Complaint
The Tribunal will conduct a case conference and develop a case conference outcomes report. This outcomes report is not binding on the parties. It is intended to facilitate the efficient management of the complaint.
At the first case conference the Tribunal will consider a number if issues. These are set out below to assist you in preparing for the case conference:
1. Who are the parties?
- Who is the applicant?
- Who is the respondent?
- Should anyone else be joined as a party?
- If the respondent is an employer, does the respondent accept responsibility for the conduct of the employees meaning that there is no need to join any individuals as further respondents to the complaint?
2. What is the complaint?
- The complaint as accepted by the President of the ADB is the letter and President’s report and that is the compliant that has been referred.
- The Tribunal will identify the number of complaints and the grounds of discrimination. Is the compliant about direct or indirect discrimination? Is vicarious liability an issue?
- What period of time is covered by the complaint /s?
- Is the complaint made within the prescribed time?
- What are the legal matters in issue?
- What are the factual matters in issue?
3. What evidence will be relied on?
- Who are possible witnesses for the applicant?
- Who are possible witnesses for the respondent?
- What documents will be relevant and will need to be filed by the parties?
4. How will the matter proceed from here?
- At the case conference the Tribunal will set a timetable setting out the dates by which the applicant and respondent will need to do certain things for example filing of statements, witness statements, other documents, and statements and evidence of loss and damage.
- A date and venue will be set for mediation. Parties are encouraged to attempt mediation to try to resolve the issues by agreement. Trained mediators are available free of charge. Matters, which are not resolved by mediation, proceed to hearing.
5. Issuing summonses
Where a party wants to issue a summons for the production of documents or a summons to attend and give evidence he or she is required to submit, at the case conference a list of summonses they intend to issue, and to identify the relevance of the evidence, document or thing to the proceedings. The judicial member allocated to the case will consider the list of summonses. Where the judicial member approves of the issuing of some or all of the summonses listed in submission by a party, that party can then apply to the Registrar for the approved summonses to be issued.
6. Access to the Duty Solicitor
Both parties will be offered a one-off appointment with the Legal Aid Duty Solicitor for advice, and assistance to apply for Legal Aid where the person is eligible.
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