The Tribunal Process
Initially, the Tribunal will encourage both parties to attempt a negotiated settlement. The case will proceed to a formal Tribunal hearing if an amicable resolution cannot be reached.
During the hearing, both parties can present their side of the events and provide any pertinent evidence. Typically, these hearings maintain an informal atmosphere, but formal hearings can be arranged upon request, allowing the calling of witnesses and the administering of oaths for evidence.
The responsibility of substantiating the need for the sought-after orders lies with the individual who submitted the application. It is essential to provide enough evidence to convince the Tribunal Member of the merit of your requested orders. All orders issued by the Tribunal are legally binding.
Time Limits and Types of Orders
It's important to note that certain orders have specific time limits for application. For example, in cases involving breaches of the tenancy agreement's terms, such applications should generally be filed within three months of becoming aware of the breach.
The Tribunal has the authority to issue a variety of orders, including but not limited to:
- Mandating compliance with a term of the agreement
- Requiring compensation to be paid to a tenant or landlord
- Evaluating and addressing excessive rent increases
- Terminating the tenancy agreement
- Handling matters related to rental bond payments.
However, it's worth mentioning that the Tribunal cannot adjudicate on matters falling under "federal jurisdiction." This includes scenarios where the landlord and tenant reside in different states or when matters involve laws enacted by the Commonwealth Parliament, such as the Disability Discrimination Act 1992. In such cases, the landlord or tenant can still approach the Tribunal for assistance in reaching a mutually agreeable settlement. Otherwise, the matter will need to be resolved in the Local or District Court.