NSW Tribunals: getting the balance right.

PIAC confined its comments to two areas raised in the Issues Paper, Review of Tribunals in New South Wales:

• the establishment of one tribunal (or division of a tribunal) to deal with health practitioner disciplinary matters; and

• the amalgamation of the Mental Health Review Tribunal (MHRT) and the Guardianship Tribunal (GT).

PIAC generally supports the establishment of one tribunal to deal with health 

practitioner disciplinary matters. PIAC submitted that one tribunal would allow the 

establishment of a core group of experienced persons to chair hearings before the 

tribunal this would lead to more consistency in the decision making of tribunals 

dealing with health disciplinary proceedings. A single tribunal would also allow more 

public access and scrutiny with regard to disciplinary decisions about health 

professionals. The submission then outlines PIAC’s caveats to its in principle support 

of a single tribunal .

PIAC does not support the formation of a protective division without a clear 

distinction between the existing functions of the MHRT and the Guardianship 

Tribunal. PIAC does see a benefit in the realignment of the two tribunals’ roles to 

reduce duplication of specific functions.