This information sheet gives you information you need to apply for things not listed in Information Sheets GA1 to GA16.
Information sheets explain the legal tests for the most common requests to the Tribunal.
This information sheet tells you:
When you apply, you must show that your request will help get to a “just and timely resolution” of the complaint.
The Tribunal will consider the effect on the process and the outcome.
See below for more information if you want:
You might want more details if you can’t respond because:
Another word for details is “particulars”.
If you apply, explain the problem that is making it hard for you to respond.
The scope of the complaint means:
Usually you can understand the scope of the complaint by reading:
If you apply, say what part of the complaint or response to complaint you want the Tribunal to clarify.
Usually, the Tribunal puts a complaint on hold for a set time.
If you want the process to restart before that time, you can apply.
Explain:
Example:
The Tribunal put the complaint on hold because of another proceeding. That process is going slower than you thought. You explain why it would be better to go ahead with the complaint instead of waiting.
You might want to know what the other side’s witnesses will say:
If you don’t know what a witness will say, ask the other side to give you a summary. This summary is called a “will-say” statement or a or witness statement.
If you apply, explain why you need the statement.
You may need contact information for someone who might be a witness for you. Another participant might have the information. You apply for an order that they give it to you.
Include:
The Tribunal may consider the person’s privacy interests. For example, it might tell the other party to give you a person’s contact information at work, not at home. It may include other restrictions in its order.
Usually, hearings are in person. You can apply if you want a witness to give evidence by video or phone.
Include:
Example:
A party might find it harder to question to the witness over the phone.
Example:
If you need to show the witness documents, how will you do this?
Usually, the Tribunal has the hearing in the town where the conduct happened.
If you apply, explain why you want to change the location.
Example:
A participant’s health prevents them from travelling.
Consider addressing:
In rare cases, the Tribunal may let a party to ask a witness questions before the hearing. The legal term is “pre-hearing examination”. This is common in court process. The Tribunal process is more informal.
If you apply, explain why you need to question the witness before the hearing.
The Tribunal will consider things like:
A complainant may rely on their doctor’s report.
In rare cases, the Tribunal may allow another doctor to assess the complainant.
The Tribunal won’t usually order a complainant to get assessed by another doctor. The Tribunal will only consider doing this if necessary.
The Tribunal will consider things like: