Administrative tribunals have had an important role to play in interpretation and application of the law through their adjudicative functions. In their adjudicative role of government, they are also a primary contact for a proportion of the population, and they make decisions affecting the rights and interest of individuals and businesses. While the Administrative Procedures and Jurisdiction Act provides a set of Rules to guide tribunals in their decision making function, its provisions do not reflect the common law requirements of procedural fairness and tribunal practices and only applies to a limited number of tribunals.
This paper proposes a Model Code of powers and procedures for administrative tribunals that exercise an adjudicative function. It is consistent with the requirements of procedural fairness and efficiency and draws from recent reform proposals in other jurisdictions.
This paper reviews the need for a more coherent set of powers and procedures for administrative tribunals, as well as reforms proposed in other jurisdictions. It sets out the recommended provision of the Model Code and includes general provisions and those that apply specifically to the pre-hearing, hearing, decision-making and reasons-giving stages of proceedings. It raises issues for discussion with respect to the Model Code.