General applications

GA17: Other general application

Last updated: January 25, 2024

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Overview

This page gives you information you need to apply for things not listed in Information sheets GA1 to GA16.

Legal test for other applications

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.

  • How will it affect the time to solve the complaint?
  • How much would it cost the other side?
  • Would it affect a participant’s ability to present their side?
  • Would it affect a participant’s chance to have a say about something important? For example, something that could affect the outcome of the complaint.

Information to include when you apply

  • The reasons for your request
  • The effect on the other participants
  • The effect on the complaint process

Examples of other general applications

1. More details about a complaint or response to complaint

You might want more details if you can’t respond because:

  • the details are too vague
  • the details leave out important facts
  • you can’t understand a part of the complaint or response

Another word for details is “particulars”.

If you apply, explain the problem that is making it hard for you to respond.

2. Define or clarify the scope of complaint

The scope of the complaint means:

  • the conduct
  • the dates
  • the grounds of discrimination
  • the area of discrimination

Usually you can understand the scope of the complaint by reading:

  1. the complaint
  2. any amendments
  3. the Tribunal’s letter saying that it has accepted all or part of the complaint for filing

If you apply, say what part of the complaint or response to complaint you want the Tribunal to clarify.

3. Go ahead with a complaint that is on hold (deferred)

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:

  • what changed since the Tribunal put the complaint on hold
  • why you want to go ahead

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.

4. Statements about what witnesses will say at a hearing

You might want to know what the other side’s witnesses will say:

  • This can help you prepare for the hearing
  • You can tell the other side if you agree with any of the facts. This can shorten the hearing.

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.

5. Contact information for a witness

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 name of the person
  • Why you think the person might have useful information
  • How you’ve tried to get their contact information

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.

6. Give evidence by video or telephone

Usually, hearings are in person. You can apply if you want a witness to give evidence by video or phone.

Include:

  • The reasons for your request
  • The effect on the other parties
    Example: A party might find it harder to question to the witness over the phone.
  • The effect on the process
    Example: If you need to show the witness documents, how will you do this?

7. Change hearing location

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:

  • Where do the witnesses live? How far will they have to travel if the hearing is moved?
  • Who will incur costs if the hearing is moved?
  • Who will incur costs if it is not moved?
  • What are the costs?
  • Are their options such changing hearing dates?

8. Question witness before hearing

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:

  • How will this affect the other party?
  • Would the questioning be unfair or intimidating?
  • Does the other party have a lawyer?
  • Who would pay the cost?
  • How will this affect the complaint process?

9. Independent medical assessment

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:

  • Can the Tribunal decide the complaint without the assessment?
  • Is the medical evidence unclear or unreliable?
  • If so, does the complainant have other medical records?
  • Did the applicant name the doctor and their specialty?
  • What would doctor focus on it the assessment?
  • Is the complainant especially vulnerable?

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