Transcript
ADCQ QCAT Video 2013
THE TRIBUNAL
Narrator: If you are involved in an anti-discrimination complaint which has been
referred to QCAT, you will find this video useful. You can also get fact sheets
from the QCAT website or by calling QCAT.
QCAT Client Service Officer 1: Queensland Civil and Administrative Tribunal,
Jane speaking.
Applicant: Hi, I took my discrimination complaint to the Anti-Discrimination
Commission. We had a conciliation conference, but we couldn't come to an
agreement, so what do I do now?
QCAT Client Service Officer 1: Okay, so if the Anti-Discrimination Commission is
unable to resolve your complaint, it provides a referral report to QCAT.
Narrator: The Queensland Civil and Administrative Tribunal, known as QCAT,
deals with matters which haven't been resolved at the Commission, and have
been referred to the Tribunal.
The Tribunal is less formal than a court, but still makes decisions that can be
enforced. The Tribunal Registry can give you information about Tribunal
processes, but can't give you legal advice. If you or a witness need an interpreter
at any stage of the process, let the Tribunal Registry know as soon as possible.
Applicant: I was just wondering if you've got any information about going to
QCAT?
Narrator: Usually, you're expected to represent yourself at QCAT. If you do
represent yourself, you are responsible for putting your case together, collecting
witness statements and presenting that information at the hearing to prove your
case.
If you want a lawyer to represent you, you need to ask the Tribunal for permission
as soon as possible. The Tribunal may also allow someone who is not a lawyer to
represent you if appropriate.
Legal Aid Lawyer: My name's Shelley and I'm the lawyer here today. How can I
help you?
Applicant: I was a Motor Mechanic's Apprentice at Marley Motors for about a year
when some of the other employees used to bully me all the time because I was
the youngest person there.
Legal Aid Lawyer: I see.
Page 1
Last updated: 9 September 2013
Applicant: I took a complaint to the Anti-Discrimination Commission about age
discrimination. I wanted the company to apologise and pay me compensation for
the career that I lost, but they refused to sign any agreement.
Narrator: The Commission provides a referral report to QCAT with copies of the
complaint and other relevant documents. The Tribunal will give you a copy.
DIRECTIONS HEARING
Narrator: At a Directions Hearing the Tribunal member will tell you what steps to
take to prepare for the final hearing.
Tribunal Member: Mr Harrison, if I were to ask you to file and serve your
contentions by the 6th of June, would that give you enough time?
Narrator: You must comply with these steps as they are orders of the Tribunal.
Respondent: That's fine Ms Hunter. I think that should work for us.
Tribunal Member: Thank you.
Narrator: The first part of your preparation will be to clearly set out your case in
writing.
Applicant: Hi.
QCAT Client Service Officer 2: Hi, how are you?
Applicant: Good. I …
Narrator: You then lodge this with the registry.
Applicant: My name's Sean Thomas.
QCAT Client Service Officer 2: Do you have your reference number?
Narrator: Then you need to send copies to the other parties involved.
COMPULSORY CONFERENCE
Narrator: You may be ordered to attend a Tribunal compulsory conference.
Where possible, this will be face-to-face but sometimes it can be by
teleconference. The member who manages the conference does not decide the
case at the conference, but helps the parties try to resolve the complaint without
a hearing. If there is no agreement, they can also help with questions such as
how you can prove your case at a hearing. Witnesses are not allowed in the
conference, although you may ask permission to bring a support person who isn't
a witness. If you reach an agreement at the conference, all parties will be asked
to file a signed copy of the agreement with the Tribunal.
Page 2
Last updated: 9 September 2013
Respondent: I have a reputable business. My customers have always been
happy with my mechanics. Some of them get a bit carried away with the practical
jokes from time to time, but I'm sure they don't mean any harm to anyone.
They're just hard working blokes who like to let off steam by having a bit of fun
every now and then.
Narrator: If there's no agreement at the conference you will need to do more
preparation for the hearing. This might include providing all the witness
statements and giving a list of all your documents to the other party. You can get
copies of each other's documents so there are no surprises at the hearing.
Legal Aid Lawyer: Legal Aid Queensland, this is Shelley speaking.
Applicant: Hi Shelley, this is Sean Thomas. I just got a settlement offer from
Marley Motors. Can we still settle things, or can the complaint be withdrawn
before the final hearing?
Legal Aid Lawyer: Yes, you can resolve the matter, or you can withdraw the
complaint at any time. Just make sure that you let the Tribunal know what you're
doing.
Narrator: It takes time to get to the final hearing. A lot depends on you meeting
the deadlines along the way. You have to prove your case at the final hearing, so
it's important to prepare well.
Applicant: I've been thinking, there are a lot of things to do with my complaint that
are a little bit personal and quite embarrassing. Can I keep those private?
QCAT Client Service Officer 1: Tribunal hearings are usually open to the public,
including the media. The final decision is a public document and will be made
available online. Under exceptional circumstances the Tribunal may order that a
person's identity be kept private.
WITNESSES
Narrator: You need to arrange for people who've given you witness statements to
attend the hearing. Usually only witnesses whose statements have been provided
to the Tribunal and the other parties can give evidence.
Let the Registry know if your expert or medical witness can only come at a
certain time, or if a witness is interstate or ill, they may be able to give evidence
by telephone if the Tribunal agrees.
Applicant: I have a discrimination case coming up and my witness is in New
South Wales at the moment.
QCAT Client Service Officer 1: Okay, what's your file number…
Narrator: If a witness won't come to the hearing, you can ask the Tribunal to
order them to attend.
Page 3
Last updated: 9 September 2013
Witnesses give evidence by answering questions. Look at the witness statements
for both sides and prepare questions to ask the witnesses at the hearing. The
answers to these questions should tell the Tribunal what that person believes
happened. Any costs related to witnesses attending the hearing, such as travel
costs, are the responsibility of the person calling the witness.
DOCUMENTS
Narrator: Bring all your documents to the final hearing, including the originals and
some copies, because the Tribunal will keep some of them. The other parties
should already have copies of any documents you want to use.
Prepare a summary of your case, including the facts, how the law applies to
these facts, and the decision you want the Tribunal to make. This will help you
work out what you need to prove and how you are going to prove it.
FINAL HEARING
Narrator: All parties must attend the final hearing. Up to three members may form
the Tribunal for your hearing. You can call them "Member" or "Ms Jones" or "Mr
Smith".
Tribunal Member: Please sit. Good morning. My name is Elizabeth Hunter. I'll be
presiding over the matter of Thomas and Marley Motors. You are welcome to call
me "Ms Hunter".
Narrator: The procedure will be decided by the member, but there is a standard
process that is followed. Usually, the applicant presents their case first. If they are
represented, they are asked questions by their representative. If not, they tell the
Tribunal member what happened.
Applicant: …until May of 2010. I made a complaint about age discrimination and I
guess that's why I'm here today.
Tribunal Member: Okay, thanks Mr Thomas. We'll hear your evidence first. Would
you like to come sit over here?
Narrator: Lawyers may stand up when they talk to the member, and you can do
this too, except when you're in the witness box.
Applicant: The affirmation please.
I solemnly affirm and declare that the evidence given by me in these proceedings
shall be the truth, the whole truth and nothing but the truth.
Tribunal Member: You can continue Mr Thomas.
Applicant: I made a complaint because I was abused and bullied at Marley
Motors just because I was much younger than everyone else there.
Page 4
Last updated: 9 September 2013
Narrator: The member may ask questions to clarify what's been said.
Tribunal Member: You say that you were often abused at work. Can you give
some examples of what you call the abuse you experienced in the workplace?
Applicant: They were always calling me a "stupid little boy" or a "spoilt young…"
Narrator: The applicant is then asked questions by the respondent. This is known
as cross examination.
Respondent: So Sean, you said the management of Marley Motors knew about
this so-called abuse. Don't you think we would have done something about it, if
we knew it was as serious as the events you are describing today?
Applicant: You were the one who refused my leave applications all the time
because you said that I hadn't worked long enough in my life to deserve a
holiday.
Narrator: The applicant's witnesses then give evidence. The applicant asks each
witness questions so that their answers will tell the Tribunal what happened.
Witness: …and that's when he said something like "These soft young pups need
to toughen up."
Applicant: Right. Well thank you Ms Bradshaw. That's all of my questions.
Tribunal Member: Mr Harrison, do you have any questions for Ms Bradshaw?
Narrator: Each of the applicant's witnesses may then be cross examined by the
respondent.
Respondent: You said earlier that you and Mr Thomas weren't really good friends
at work. I'm wondering then how you're able to say that he became withdrawn
and nervous over his time at work?
Witness: Well actually we did used to talk quite a lot in the lunch room. I
remember once when…
Narrator: The applicant may be allowed to ask their witness more questions
about things the witness said in cross examination.
Tribunal Member: Mr Harrison, can you please come and take a seat over here?
Narrator: The respondent then presents their case and calls their witnesses.
Tribunal Member: Mr Harrison, what's your response to these allegations?
Respondent: Ms Hunter, I’m the Manager of Marley Motors. I have worked there
for 15 years and I've never seen anything as extreme as the behaviour Mr
Thomas described in his complaint.
Page 5
Last updated: 9 September 2013
Narrator: The respondent and their witnesses may be cross examined by the
applicant and the respondent may be allowed to ask further questions after the
cross examination.
Respondent: …may not be the most sensitive types, but I'm sure that they were
only playing harmless pranks on the boy and having a bit of fun.
Applicant: Mr Harrison, do you think it's acceptable for one of your workers to call
another worker a "stupid little boy"?
Respondent: Well, I guess it depends on how they say it.
If they say it as a joke, it probably should be taken as a joke. If they did say that,
I'm sure they didn't mean any harm.
Narrator: After all the witnesses for all parties have given evidence, the applicant
and respondent usually each give a closing summary about their case and how it
relates to the law.
Applicant: I couldn't stand going into work anymore and I had to quit my job. I
didn't take another apprenticeship...
Narrator: Sometimes you will be asked to put your summary in writing. These are
called submissions.
There are a few things you should keep in mind for the hearing; stick to the point,
be on time, keep your cool and be polite, even if you feel upset. If you need a
break, ask the member.
Tribunal Member: I will consider all the evidence and make a decision.
OUTCOMES
Narrator: The Tribunal doesn't always give a decision immediately. The member
may take time to consider the evidence and write the decision. QCAT sends the
decision to the parties.
The Tribunal can make a range of orders, for example, that a party make an
apology, attend training, or pay compensation. The Tribunal can also dismiss the
application.
If you are not happy with the decision, you may consider an appeal. Your appeal
rights will be fully detailed in a notice attached to the decision. There are strict
time limits for appealing a decision. Remember, the Tribunal Registry can help
with questions about process, but can't give legal advice.
The process is designed to make sure that everyone gets a fair go.
[End of Transcript]
Page 6
Last updated: 9 September 2013