The Marine Appeal Tribunal of New South Wales, is a tribunal in New South Wales

New South Wales

New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

, a state of Australia

Australia

Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, 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

Magistrate

A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 of the Local Court of New South Wales

Local Court of New South Wales

There are over 160 Local Courts in New South Wales. Local Court cases are heard by a magistrate without a jury. It hears summary offences as well as indictable offences and committal hearings. It hears civil claims up to $100,000 and has a Small Claims Division for claims less than $10,000. It...

 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

Rules of evidence

Rules of evidence govern whether, when, how, and for what purpose, proof of a legal case may be placed before a trier of fact for consideration....

 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

Administrative Decisions Tribunal of New South Wales

The Administrative Decisions Tribunal of New South Wales is responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional...

.