AGY-4044 | New South Wales Coal Compensation Review Tribunal

Full description

The New South Wales Coal Compensation Review Tribunal was established on 22 June 1985 under the Coal Acquisition (Compensation) Arrangements 1985.(1) The Arrangements were made under Section 6 of the Coal Acquisition Act 1981. The Tribunal hears and adjudicates on appeals arising from determinations by the Coal Compensation Board under the Coal Acquisition (Compensation) Arrangements 1985 and the Coal Acquisition (Re-acquisition Arrangements) Order 1997.(2) Under Clause 26 of the Coal Acquisition (Compensation) Arrangements 1985, the New South Wales Coal Compensation Review Tribunal consisted of three members appointed by the Governor. One member was a qualified barrister or solicitor of the Supreme Court nominated by the Attorney General, and the other two members had coal industry expertise and were nominated by the Minister.(3) The first members of the Tribunal were appointed on 28 June 1985 and they were: Arthur Barnett as Chairman, Malcolm Smith and Professor Frank Roxborough as the two with expertise in the coal industry.(4) Amendments in 1995 to the Coal Acquisition (Compensation) Arrangements 1985 resulted in the Coal Compensation Review Tribunal being reconstructed. From 1 November 1995, the Tribunal consisted of the three original members (with Arthur Barnett remaining Chairperson) and the following: Mr GR Leader as Deputy Chairperson, Mr F Fairclough, and Mrs LE Pogson.(5) There was a large increase in the number of appeals lodged in 1996 after the Coal Compensation Board issued a letter informing those applicants seeking restitution of coal that all applications would be deferred. From 1997, the Coal Compensation Review Tribunal adjudicated on appeals under the Coal Acquisition (Reacquisition Arrangements) Order 1997 in addition to the Coal Acquisition (Compensation) Arrangements 1985.(6) By 2003 the New South Wales Coal Compensation Review Tribunal consisted of six members, two were legal practitioners nominated by the Attorney General and the other four had expertise in the coal industry and were nominated by the Minister.(7) Tribunal members were: Mr GR Leader as Chairperson, and the following members: Mr K Wilson, Mr F Fairclough, Ms LE Pogson, Emeritus Professor FF Roxborough, and Mr MJ Smith.(8) ENDNOTES:
1. The Instrument of Appointment of members of the Tribunal was published in the NSW Government Gazette No.98, 28 June 1985, p3206 although the Tribunal was established under the Coal Acquisition (Compensation) Arrangements 1985, NSW Government Gazette No.95, 21 June 1985, pp2880-2899
2. Annual Report of the Coal Compensation Board 2003, p67; Although the New South Wales Coal Compensation Review Tribunal is an independent Authority the Chairperson’s Report is contained in the Annual Report for the New South Wales Coal Compensation Board
3. Coal Acquisition (Compensation) Arrangements 1985, NSW Government Gazette No.95, 21 June 1985, pp2893
4. NSW Government Gazette No.98, 28 June 1985, p3206
5. Report of the Coal Compensation Review Tribunal, printed in the Annual Report of the Coal Compensation Board 1996, p62
6. Chairperson’s Report of the NSW Coal Compensation Review Tribunal, printed in the Annual Report for the New South Wales Coal Compensation Board 1999, p69
7. http://www.austlii.edu.au/au/legis/nsw/consol_reg/caa1985408/s26.html (accessed 2/8/2004)
8. Annual Report of the Coal Compensation Board 2003, p67.