As a first-timer at NCAT, you are probably eager to get some tips on what to beware of at your first GIPA case conference. Below FORCIN lists three things to watch out for.
Beware of lawyers
The first thing to watch out for are the lawyers for the other side.
Yes. Beware of them lawyers. Even if they seem to you quite innocuous. Who knows, maybe this is why they were chosen for the job?
Oh, but you believe in peace on Earth and that everyone is good by nature? Well, at least remember this: regardless of what they might tell you, they did not come to the case conference to help you win. And if you heard that the government agencies are a model litigant, do not get too hopeful. In reality, the government agencies are meant to act like a model litigant.
Now, here comes the big news for you: as a GIPA Act applicant you soon will be able to see how that works in practice. That, the GIPA Act and NCAT. When you do, don’t forget to contact FORCIN with your account of events. We would really love to hear from you.
Beware of yourself
The second thing to beware of at your first GIPA case conference is yourself.
That’s right, you heard that right.
Are you a talker or do you love the sound of your own voice a tad too much? Or maybe the opposite is true? Does your mind go blank when it is your turn to speak in public? Well, these things are not uncommon. Your opponents know about them and will come prepared.
So what can you do?
Perhaps somewhat unexpectedly, the second predicament is easier to work with in preparation for the future case conference. Here, for once, what you may have thought was your weakness, will become your hidden strength. Most definitely, if you are a person of few words, you have a better chance that the member and the lawyer will get nothing useful out of you. Just don’t say yes when you mean no. Remember, the answer can be “yes”, “no” and “I don’t know” – do not feel obliged to only give “yes” or “no” answers. And think twice before you agree to anything.
However a talker is in trouble big time. If you are a talker, practice beforehand. Don’t be afraid of your own silence. Your role is not to impress anyone. Your role is to secure your own legal interest. And that may require silence.
Beware of members
The third thing to watch out for is the Tribunal member.
FORCIN looks at you with a tear glistening in its collective eye: as a novice thou shalt be looking up to the members, thou shalt believe the members and thou shalt be stuffed up by the members.
So the best course of action is to skip the honeymoon period altogether. Do not forget who the members work for. The members work for NCAT. What is NCAT? NCAT is a body created by the NSW Parliament. And where do you apply when you want to get government information from NCAT? To the NSW Department of Communities and Justice.
So let’s start again.
Who pays the NCAT members? The NSW Department of Communities and Justice. Do the members enjoy security of tenure and remuneration like judges? No. Are they in permanent employment? No. Do they receive a salary? Not too many.
And the rest?
Casual.
Paid per gig.
Like the Uber drivers