Elements and Performance Criteria
- Prepare for tribunal.
- Process for making an application to the relevant tribunal or court is followed.
- Documentation required for application to the relevant tribunal is accurately completed.
- Evidence and other documentation required for tribunal or court are prepared and reviewed in line with agency practice.
- Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required, in line with agency practice.
- Pre-tribunal briefings are participated in as appropriate and required.
- Procedure to follow where a matter has been settled prior to the hearing is implemented in line with agency and legislative requirements.
- Participate in conciliation processes for grievances and disputes.
- Purpose and role of conciliation is clarified within particular tribunal and case context.
- Opportunities are explored to resolve grievances and disputes through conciliation.
- Conciliators are provided with complete and accurate information regarding the grievance or dispute.
- Clear and concise formal case statements are prepared and provided for the conciliator.
- Opportunities are taken to obtain relevant information from other parties during the conciliation process.
- Realistic assessments are made of conciliated offers against the likely outcome of continuing with the conciliation process and any subsequent rulings from the adjudicating body.
- Use appropriate tribunal etiquette.
- Present case before tribunal.
- Rules and procedures of the tribunal are applied.
- Case is outlined in a clear and concise manner to the tribunal.
- Evidence is given and routine examination of witnesses is undertaken appropriately.
- Relevant decisions and precedents are referred to appropriately.
- Respondent submissions are responded to appropriately.
- Questions and directions from the tribunal are responded to appropriately.
- Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.
- Act as a witness.
- Pre and post-tribunal briefings and debriefings are participated in as appropriate and required.
- Evidence provided reflects questions and directions asked by tribunal or legal representatives.
- Evidence is provided using factual descriptions and presented clearly and concisely.
- Conduct is according to requirements of tribunal processes and proceedings.
- Liaison with appropriate legal representatives is maintained.
- Appropriate and required documentation and reporting are undertaken and stored according to agency practice.