File(s) under permanent embargo

Do administrative tribunals have to be satisfied of the competence of parties before them?

journal contribution
posted on 2013-01-01, 00:00 authored by Matthew GrovesMatthew Groves
This article examines the law governing tribunal cases when the condition of a party gives rise to doubt about his or her competence. The principles developed in the courts to manage this problem cannot be applied automatically to tribunals because proceedings in tribunals are less formal and adversarial than in the courts. At the same time, the High Court has held that there is no principle akin to fitness to plead in migration tribunals, so those tribunals need not investigate the competence of a party before them. This article examines the legislation and wider principles governing administrative tribunals and considers how the rules developed in migration tribunals might apply more generally. It is argued that no single rule does or should apply.

History

Journal

Psychiatry, psychology and law

Volume

20

Issue

1

Pagination

133 - 151

Publisher

Taylor & Francis

Location

Abingdon, Eng.

ISSN

1321-8719

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2013, The Australian and New Zealand Association of Psychiatry, Psychology and Law