Fair Trading Tribunal of New South Wales Chairperson's Direction Number CD6/00 Member's code of conduct Date:08/21/2000 The legislation creating the Fair Trading Tribunal permits the Chairperson to issue one or more Codes of Conduct for Members of the Tribunal or for Assessors: see Clause 7 of the Fair Trading Tribunal Regulation 1999, in conjunction with section 10 of the Fair Trading Tribunal Act 1998. The following Code is issued pursuant to that power. This Code has mainly been derived from the code issued by the Consumer Claims Tribunal in November 1998. It will be kept under review. Comments are welcome. PURPOSE 1. This Code seeks to express the values of the Tribunal as they apply to the role of Members, so as to assist them: in identifying and resolving ethical issues in their relationship with those that appear before them in hearings in maintaining appropriate standards of professional performance. The Code is to be read in conjunction with the specific powers, duties and entitlements relating to Members found in the legislation creating the Tribunal and in the law generally. FUNDAMENTAL DUTY 2. The fundamental duty of a Member is to discharge faithfully and impartially the duties of his or her office. To that end, it is essential that Members carry out their duties impartially and maintain the highest standards of probity and independence. COMMUNITY OBJECTIVES 3. At all times Members should act in a way which upholds and promotes the objectives of the Tribunal as declared by the Parliament of New South Wales. Accordingly, they should always: preserve the independence of the Tribunal in relation to the determination of disputes over which it has been given jurisdiction ensure that their duties are undertaken in a way which ensures that the Tribunal is accessible, its proceedings are efficient and effective and its decisions are fair foster an approach to the conduct of proceedings and their determination which is informal, expeditious and inexpensive. GENERAL RESPPONSIBILITIES 4. Members have the following general responsibilities: to uphold the highest standards of integrity and honesty and to act ethically and in accordance with the law to ensure justice and fairness in dealing with persons appearing before the Tribunal to be sensitive, and to show compassion, tempered with detachment, in resolving disputes to maintain the highest professional standards, in particular by continuing to improve and develop their professional knowledge and skills to conduct themselves in a way that does not undermine or damage the standing and reputation of the Tribunal. FAIRNESS IN PROCEEDINGS 5. With respect to their duty to ensure justice, Members, in exercising their powers under the Act, should: give a fair hearing and give decisions according to the law, with due regard to fairness and equity, not influenced by personal or other interests abide by principles of natural justice and procedural fairness, in particular, by giving parties a reasonable opportunity to present their case and to answer the case against them treat people who appear before them with respect and courtesy take particular account of any special needs, such as language, cultural background, literacy or disability ensure that any communication with the parties and witnesses occurs in an open and transparent way be aware of any factor which may disadvantage a party in the presentation of his or her case. AVOIDANCE OF CONFLICT OF INTEREST 6. With respect to conflicts of interests, Members should: at the earliest opportunity, advise, as appropriate, the Registrar or the parties of any actual or perceived conflict of interest which may prevent them from hearing a matter, such as a pecuniary interest or other factor which may give rise to a reasonable apprehension of bias. PROFESSIONAL STANDARDS 7. With respect to professional training and development, Members should: regularly review and re-evaluate their work performance and capacity to meet standards adopted by the Tribunal participate fully in any Tribunal performance assessment and management program undertake continuing training to develop and enhance knowledge and skills relevant to their role as Members support and encourage the professional development of their colleagues. THE WIDER TRIBUNAL 8. Members should: foster a collegiate approach in dealing with other Members and with Tribunal staff refrain from engaging in activities, or expressing opinions which might diminish the standing of the Tribunal or compromise their ability to deal with a specific case if requested by the Tribunal, be prepared to speak for the Tribunal and explain its role to the community. The Tribunal will - ensure that the independence of Members in their decision making role is respected and supported give Members the opportunity to be informed of, and to respond to, any complaint or criticism of their performance, and assess the complaint or criticism in a way which preserves confidence in the integrity of the Tribunal's processes on the part of both: Members and members of the community who offer comment or criticism or make complaints. Issued pursuant to clause 7 of the Fair Trading Tribunal Regulation 1999 and section 10(3) of the Fair Trading Tribunal Act 1998. 21 August 2000 | Previous Page | Back to FTT | Top of Page | You are Required to Read the Copyright Notice & Disclaimer | Webmaster The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.