TASCAT provides detailed information sheets on their website on the steps of an appeal. You should rely on that information first. Generally:
Appeals must be lodged in writing, on the TASCAT forms, and the appealer pays a fee as they lodge the paperwork. The appeal is not received unless payment is made.
Both parties to the dispute are expected to provide all relevant information. TASCAT does not undertake independent investigation of issues.
TASCAT uses Alternative Dispute Resolution processes first, before going to a formal hearing.
Within 10 to 14 days after the lodgement of an appeal, TASCAT holds a preliminary hearing. These are advertised in the newspapers and online. You must attend, or send your appointed representative, for example, your lawyer or planning consultant. If you fail to appear, the proceedings can be cancelled.
The appointed staff member of TASCAT will seek to find a mediated settlement between the parties. This will usually remain confidential, however there are some exceptions. If a mediated settlement cannot be agreed on, a full hearing is required.
You must provide written statements of evidence to the Tribunal and to the other party. You will receive a copy of their evidence as well. There are strict rules about evidence and how it is prepared and presented. If you don’t follow the procedures, your evidence may be dismissed. The same applies to summons of witnesses.
There is an order of proceedings (who speaks first) on the actual hearing. Each party can question the evidence presented.
The Tribunal may also visit the site.
A right of appeal from the Tribunal decision to the Supreme Court is available, but only on a question of law (under Section 136 Tasmanian Civil and Administrative Tribunal Act 2020), within 30 days.
Timeframe
The Tribunal must resolve proceedings within 90 days.
The Tribunal tries to have a decision delivered to all parties within 28 days from the end of the hearing. This depends on the complexity of the matter and the amount of evidence involved. The final decision will also include a standard order as to costs.
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TASCAT Fact Sheets can be found here: Fact and information sheets | Resource and Planning Stream (TASCAT)
