Podcast
Questions and Answers
What was one of the primary objectives of the Franks Committee established in 1955?
What was one of the primary objectives of the Franks Committee established in 1955?
Which of the following powers is NOT granted to a Commissioner as per the Commissions of Enquiry Act 1950?
Which of the following powers is NOT granted to a Commissioner as per the Commissions of Enquiry Act 1950?
How does the Commissions of Enquiry Act 1950 protect witnesses providing evidence?
How does the Commissions of Enquiry Act 1950 protect witnesses providing evidence?
What is emphasized regarding the relationship between tribunals and the administration according to the Franks Committee?
What is emphasized regarding the relationship between tribunals and the administration according to the Franks Committee?
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Which aspect was considered most significant in the committee’s report by the Franks Committee?
Which aspect was considered most significant in the committee’s report by the Franks Committee?
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What was a key recommendation made by the Franks Committee regarding tribunal hearings?
What was a key recommendation made by the Franks Committee regarding tribunal hearings?
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What did the Tribunals and Inquiries Act 1958 primarily implement?
What did the Tribunals and Inquiries Act 1958 primarily implement?
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What supervisory role does the Lord Chancellor hold in the context of tribunals?
What supervisory role does the Lord Chancellor hold in the context of tribunals?
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Which body was established to review the constitution and operation of tribunals?
Which body was established to review the constitution and operation of tribunals?
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What is one of the functions of the Council on Tribunals?
What is one of the functions of the Council on Tribunals?
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In what exceptional circumstances are parties allowed representation by lawyers in tribunals?
In what exceptional circumstances are parties allowed representation by lawyers in tribunals?
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What does the Council on Tribunals have to do before procedural rules for tribunals are made?
What does the Council on Tribunals have to do before procedural rules for tribunals are made?
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What aspect of the tribunal's decisions does the Committee recommend should be emphasized?
What aspect of the tribunal's decisions does the Committee recommend should be emphasized?
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What is the advised approach regarding the atmosphere during tribunal proceedings?
What is the advised approach regarding the atmosphere during tribunal proceedings?
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Who appoints the members of the Council on Tribunals?
Who appoints the members of the Council on Tribunals?
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Study Notes
Introduction to Tribunals
- Tribunals are special bodies established by law to settle disputes
- Tribunals handle disputes outside the court system
- They adjudicate between individuals and government departments, or between two individuals
- Tribunals replaced the courts in certain areas as courts became overloaded with cases
- The power to adjudicate traditionally belonged to the court
- Currently, administrative bodies share this power with courts
Characteristics of Tribunals
- Tribunals act independently of administrative bodies
- They make impartial decisions between the parties involved in the dispute
- Decisions are binding and relate to the case heard
- Decisions are typically made by a panel of tribunal members rather than one person
- Procedures are often simpler and more flexible than court procedures
- Tribunals are permanent and specifically designed to handle specific types of cases.
Reasons for Tribunal Growth
- Expansion in administrative functions and responsibilities, creating new disputes
- Complex socio-economic activities generated more disputes
- Legislation modifications and new laws led to increased disputes
- Existing court systems became overloaded with cases
- Tribunals provide a way to expedite and reduce the cost of resolving disputes
Strengths of Tribunals
- Expedition: Tribunals resolve cases quickly, in a shorter period as they aren't bound by the same technical requirements as courts. Minor cases are often handled here swiftly
- Informal procedure: Tribunals focus on an informal atmosphere, avoiding burdensome rules and procedures sometimes found in the courts
- Expertise: Tribunal members are specialists in their field, making decisions informed by expert knowledge
- Independence: Tribunals operate separately from administrative bodies, ensuring unbiased judgments
- Cheapness: Tribunal fees are often lower than court costs, a benefit for small businesses or individuals
Weaknesses of Tribunals
- Tribunals are not as impartial or sound as courts. Courts are considered more independent from the administration
- Tribunal members may lack formal legal training and therefore, their understanding of the law may be inadequate
- Decisions are not always published, making it difficult to understand their reasoning for conclusions. The lack of publishing makes it difficult for others to understand the tribunals' reasoning.
- Members may be too focused on enforcing departmental policies, potentially leading to biased decisions that disregard individual cases.
- Procedural informality can sometimes degenerate into a lack of proper procedure, resulting in inconsistent decisions not based on law or evidence
Adjudicatory Bodies in Malaysia
- Malaysia has a variety of adjudicatory bodies
- Special Commission of Income Tax adjudicates appeals from tax decisions
- Industrial Courts settle disputes between employers and workers
- Public inquiries are used for investigations where no decisions are needed
Special Commission of Income Tax (Structure)
- Commission of officers designated to hear tax appeals
- Members are appointed by the Director General of Inland Revenue based on qualifications and experiences
- The Commissioner has the power of review and examination of witnesses, and ability to summon them
- Cases are reviewed and then heard by designated commissioners
- Decisions made by this commission are final
- Procedures for appeals/disagreements to special commissions are well outlined in law
Industrial Court (Structure)
- Part of the Industrial Relations Act 1967
- The president of the court is appointed by the YDPA
- Three panel members with independent expertise (employers and workers)
- Cases are brought before an appointed panel member
- The Minister may appoint parties to cases with the right of representation by a legal official
- Decisions are made by a majority of the panel of members, with the President having a casting vote in cases of ties
Public Inquiries
- Public Inquiries are not decision-making bodies, but rather investigate and report on matters
- They provide a platform for the public to voice their concerns
- Reports highlight issues and facts gathered for decision-making by higher authorities
Provisions in the Companies Act 1965
- Government has the authority to appoint inspectors to investigate company affairs
- Inspectors can demand documents and examine company officials under oath
- Failure to comply with requests could lead to legal consequences
- Inspections must observe due process, and not infringe on the rights of businesses
Commissions of Enquiry Act 1950
- empowers the YDPA (Yang di-Pertuan Agong) to appoint commissioners
- Commissions may investigate conduct of federal officials, public service departments, and certain institutions
- Ensures transparency and accountability of public bodies
- Focuses on issues concerning public welfare
Powers of Commissioners (Commissions of Enquiry Act 1950)
- Power to acquire relevant evidence
- Conduct questioning under oath
- Compel appearance and testimony
Franks Committee (UK, 1955)
- Committee conducted an in-depth review of tribunal systems
- Recommended improvements to enhance impartiality and fairness in tribunals, such as appointing a Lord Chancellor to monitor the tribunals and working with the specific council.
- Proposed statutory provisions for tribunal structure and procedure
- Emphasized the need for tribunals to be independent of administrations
Functions of the Council on Tribunals (UK)
- Regularly reviews and updates tribunal constitutions
- Provides advice and recommendations to improve tribunal systems
- Develops standards for tribunals to follow
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Description
This quiz explores the concept of tribunals, their characteristics, and the reasons behind their growth. Learn how tribunals function as an alternative to traditional court systems, adjudicating disputes in a more simplified manner. Understand the independent roles they play in the legal landscape.
