Transcript LESSON 8 PAD190

PAD190
PRINCIPLES OF PUBLIC
ADMINISTRATION
LESSON 8
TRIBUNAL
ADMINISTRATION
INTRODUCTION
Public administration deals with many public
complaints and claims such as dissatisfaction on
the administration of public services. This
particular complaint has raised a dispute, such
as consumer dispute on goods and public
service dispute on government tax. There must
be an institution or agency to refer and resolve
these complaints and claims. Tribunal
administration has been established for
adjudication of these disputes.
THE OBJECTIVES OF THIS LESSON
After attended this lecture student should be
able to:1. Define tribunal administration.
2. Describe the functions of tribunal
administration.
3. Describe the importance of tribunal
administration in public administration.
4. Explain the types of tribunal
administration.
5. Describe the challenges of tribunal
administration.
WHAT IS TRIBUNAL ADMINISTRATION?
• Tribunal administration is an institution
established by the government to settle an
administrative complaints raised by the public
• A body established by or under Act of
Parliament to decide claims and disputes
arising in connection with the administration
of legislative schemes, normally of a welfare
or regulatory nature.
• As an independent body to provides
independent review of a wide range of
administrative decisions. Most of them,
however, have judicial functions as well.
THE IMPORTANCE OF TRIBUNAL
• the relief of congestion in the ordinary courts of law (the
courts could not cope with the case-load;
• the provision of a speedier and cheaper procedure than
that afforded by the ordinary courts (tribunals avoid the
formality of the ordinary courts); and
• the desire to have specific issues dealt with by persons
with an intimate knowledge and experience of the
problems involved (which a court with a wide general
jurisdiction might not acquire).
• considers applications to determine who should make a
treatment decision.
THE PROCESS OF TRBUNAL
• FILING AND REGISTRATION – Receive any complaint or
claim lodged by an interested person for any lost or
suffered concerning his interest.
• NOTICE OF HEARING - Tribunal will issue a notice of
hearing in stating the date, place and time of hearing and
thereafter serve the notice of hearing on both the
claimant and the respondent.
• ADJUDICATION PROCESS – Conducting the hearing to
assist the parties to effect a settlement of the claim by
consent. The hearing before the Tribunal shall be presided
over by a member of the Tribunal (referred to as
“President”.
• DECISION/AWARD - The Tribunal shall, where
practicable, make its award within sixty days
from the first day of the hearing before the
Tribunal.
• At a hearing the Tribunal may make any one or
more of the awards such as:
1. a party to the proceedings pays
money to any other party
2. Money be awarded to compensate for
any loss or damage suffered by the
claimant
TRIBUNAL ADMINISTRATION IN
MALAYSIA
TRIBUNAL FOR CONSUMER CLAIMS
PUBLIC SERVICE TRIBUNAL
INDUSTRIAL COURT
TRIBUNAL FOR HOMEBUYER MALAYSIA
CUSTOMS APPEAL TRIBUNAL AND CUSTOMS RULING
TRIBUNAL FOR CONSUMER CLAIMS
MALAYSIA (TTPM)
• The Tribunal for Consumer Claims is an
independent body established under Section 85,
Part XII of the Consumer Protection Act 1999. The
Tribunal operates under the Ministry of Domestic
Trade, Co-operatives and Consumerism. The
primary objective of establishing the Tribunal is to
provide an alternative forum for consumers to file
claims in a simple, inexpensive and speedy
manner.
JURISDICTION OF TTPM
The Tribunal shall hear and determine :a)
any claim in respect of any matter within
its jurisdiction as provided under the Act;
b) where the total amount claimed does not
exceed RM25,000.00; and
c) any other matter prescribed by the
Minister by order published in the Gazette.
INDUSTRIAL COURT OF MALAYSIA
• Established for creating a harmonious
industrial environment through the process of
arbitration and the decisions of the Court
(Award) consistent within Industrial Relations
Act 1967.
• The present Industrial Court was established
under the Industrial Relations Act 1967 and
managed by The Ministry of Human
Resources.
JURISDICTIONS
• To hear and hand down decisions or awards in
industrial disputes referred to it by the
Minister or directly by the parties.
• To grant cognizance to the collective
agreements which have been jointly deposited
by the employers/ trade union of employers
and trade union of employees.
PUBLIC SERVICE TRIBUNAL OF
MALAYSIA
• An independent, quasi-judicial body with a
mandate to consider and dispose of
complaints or anomaly for staffing and staffing
recourse in public service.
• Was established under the Public Service
Tribunal Act 1977 but was dissolved by the
Public Service Tribunal (Dissolution) Act 1999.
• After this dissolution, any anomaly should
directly referred to the government and
Minister.
TRIBUNAL FOR HOMEBUYER
CLAIMS MALAYSIA
• The tribunal listen any claim’s cases which are
including the housing projects in Peninsular
Malaysia, not included Sabah and Sarawak.
• Provides an alternative channel for house
buyers to claim any compensation from
housing developer due to house defect
bought.
• Established by the Ministry of Housing and
Local Government (National Housing
Department)
CUSTOMS APPEAL TRIBUNAL AND
CUSTOMS RULLING
• Customs Appeal Tribunal (CAT) is an
independent body, establish to decide on
appeals against the decision of the Director
General of Customs pertaining to matters
under the Custom Act 1967, Sales Tax Act
1972, Service Tax Act 1975 and Excise Act
1976.
• Established by the Treasury, Ministry of
Finance
Internet Links
• http://ttpm.kpdnkk.gov.my/portal/index.php?
option=com_frontpage&Itemid=1
• http://www.treasury.gov.my/index.php?optio
n=com_content&view=category&id=154%3Ab
ahagian-tribunal-rayuankastam&Itemid=259&lang=en
TUTORIAL
• Define tribunal administration.
• Describe tribunal administration in
Malaysia.
THAT ALL FOR TODAY
SEE YOU AGAIN NEXT LECTURE
LESSON 9
“FINANCIAL ADMINISTRATION”
THANK YOU