Marine Appeal Tribunal

The Marine Appeal Tribunal of New South Wales, is a tribunal in New South Wales, a state of Australia, which deals with appeals from decisions of the New South Wales Minister for Ports under certain decisions under the Commercial Vessels Act 1979 (NSW).

Constitution

The tribunal is constituted under the Commercial Vessels Act 1979 (NSW). It sits as a three member panel.

The chairperson of the tribunal is a magistrate of the Local Court of New South Wales appointed by the New South Wales Attorney General.

The other two panel members consists of a person nominated by the New South Wales Minister for Ports and by a person nominated by the appellant.

The tribunal is unusual in that the parties to the dispute can nominate the persons who can sit on the tribunal. The usual situation in the state is that the Governor of New South Wales will appoint the members independently based on their knowledge and expertise.

Procedure

Each member of the panel is required to take an oath that he or she will perform the duties of a member faithfully and fearlessly.

The appeal is then run in the manner determined by the chairperson. The tribunal is not bound by the rules of evidence and can obtain information in any way it thinks fit within reason. In reaching a decision on the appeal, the tribunal applies such standards with respect to the objection as it considers to be reasonable in the circumstances.

The chairperson may dismiss the appeal immediately if he or she determines that the appellant is not adversely affected by the minister's decision. Otherwise, the decision of the tribunal is by way of majority.

Location

There is no office for the tribunal as it is only called into existence when a dispute arises.

Possible abolition

In November 2002, the Committee on the Office of the Ombudsman and the Police Integrity Commission recommended in its report entitled "Report on the jurisdiction and operation of the Administrative Decisions Tribunal" recommended that the tribunal be merged with the Administrative Decisions Tribunal of New South Wales.

See also

• Court of Marine Inquiry

References

• Commercial Vessels Act 1979 (NSW) - http://www.austlii.edu.au/au/legis/nsw/consol_act/cva1979197/
• Report