Access to Justice in Courts and Tribunals: Residential Tenancies in New South Wales (1971-2001_
Access to Justice in Courts and Tribunals: Residential Tenancies in New South Wales (1971-2001_
- Australia Alternative Law Journal June 2006
- 4 pp
KEYWORDS: Residential tribunal; renting; tenancy; Waverly Local Court; Local Court
Some years ago in the Alternative Law Journal, James Taylor offered an important critical perspective on the operation of the Residential Tenancies Tribunal. The Tribunal, now incorporated into an enlarged Consumer, Trader and Tenancies Tribunal, has almost complete jurisdiction over residential tenancy disputes in New South Wales. Similar models exist in most Australian jurisdictions. Taylor identified three particular problems that beset the Tribunal in relation to the rights of tenants. First, the informality operates to disadvantage tenants because landlords, commonly being repeat players, work the Tribunal and its procedures to their advantage; tenants, by contrast, usually appear in the Tribunal once only, and having no such experience, are in a weaker position. Second, the generally restricted right to representation is unfair because landlords are allowed to be represented by real estate agents. Third, community education about the Act and the Tribunal is inadequate.
This article offers an updated and more detailed empirical examination of the Tribunal, not so much by reference to general principles of procedural justice as Taylor’s article did, but by comparison with the historical antecedent of the present regime. I am referring here to the Local Courts, where residential tenancy matters were almost exclusively heard before 1989. My research has examined residential tenancy disputes before the Court since 1971, and compared the results with disputes before the Tribunal. The data generally suggests that the Tribunal represents a significant success story in terms of access to justice.
Tribunal
KEYWORDS: Residential tribunal; renting; tenancy; Waverly Local Court; Local Court
Some years ago in the Alternative Law Journal, James Taylor offered an important critical perspective on the operation of the Residential Tenancies Tribunal. The Tribunal, now incorporated into an enlarged Consumer, Trader and Tenancies Tribunal, has almost complete jurisdiction over residential tenancy disputes in New South Wales. Similar models exist in most Australian jurisdictions. Taylor identified three particular problems that beset the Tribunal in relation to the rights of tenants. First, the informality operates to disadvantage tenants because landlords, commonly being repeat players, work the Tribunal and its procedures to their advantage; tenants, by contrast, usually appear in the Tribunal once only, and having no such experience, are in a weaker position. Second, the generally restricted right to representation is unfair because landlords are allowed to be represented by real estate agents. Third, community education about the Act and the Tribunal is inadequate.
This article offers an updated and more detailed empirical examination of the Tribunal, not so much by reference to general principles of procedural justice as Taylor’s article did, but by comparison with the historical antecedent of the present regime. I am referring here to the Local Courts, where residential tenancy matters were almost exclusively heard before 1989. My research has examined residential tenancy disputes before the Court since 1971, and compared the results with disputes before the Tribunal. The data generally suggests that the Tribunal represents a significant success story in terms of access to justice.
Tribunal