Disciplinary Tribunal Hearings Procedure
A Disciplinary Tribunal hearing is similar to those in a District Court although it is more informal. Procedures can be changed to accommodate the parties involved in the case.
Hearings can be stressful and teachers are urged to contact their union, a lawyer, or any other person that could assist them. If the teacher has arranged for a lawyer or other representative the Disciplinary Tribunal needs to be advised.
The only people who can attend a hearing as of right are the teacher and/or their representative and the Complaints Assessment Committe's legal representative.
Documents for the hearing
Statements of evidence, affidavits and other documentation need to be provided to the Disciplinary Tribunal in advance so members are informed of the background of the case.
Recording of the hearing
Hearings are recorded for the Disciplinary Tribunal. Transcripts are only available to the parties if the decision of the Disciplinary Tribunal is appealed to the district court.
The hearing
The representative for the Complaints Assessment Committee begins the hearing by making an opening statement and asking their witnesses to give evidence. The witnesses are sworn in (on the Bible or by affirmation) and read their evidence statement that has been provided to the Disciplinary Tribunal in advance of the hearing.
The witness can be cross-examined by the teacher's representative, the teacher themselves, and/or the Disciplinary Tribunal members. The Complaints Assessment Committee's legal representative is also able to ask questions arising from the cross-examination of the teacher.
After the Complaints Assessment Committee has presented its case, the teacher or the teacher's representative makes an opening statement. The teacher is sworn in and reads their evidence statement.
The representative for the Complaints Assessment Committee can cross examine the teacher and the Disciplinary Tribunal members may ask questions. Any witnesses for the teacher will then be asked to give their evidence and may be asked questions by the Complaints Assessment Committee's representative and/or the Disciplinary Tribunal.
Both parties are given an opportunity to make their closing statements.
Disciplinary Tribunal decisions
The Disciplinary Tribunal is required to give its decision in writing. It generally tries to give its decision within a month of the hearing being held, but it may be longer depending on the complexity of the case.
Click here for past decisions of the Disciplinary Tribunal.