PAD190 PRINCIPLES OF PUBLIC ADMINISTRATION

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PAD190 PRINCIPLES OF PUBLIC ADMINISTRATION

• LESSON 8
• TRIBUNAL ADMINISTRATION

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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.

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THE OBJECTIVES OF THIS LESSON

• After attended this lecture student should be
  able to-
• Define tribunal administration.
• Describe the functions of tribunal
  administration.
• Describe the importance of tribunal
  administration in public administration.
• Explain the types of tribunal administration.
• Describe the challenges of tribunal
  administration.

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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.

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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.

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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.

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• 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

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TRIBUNAL ADMINISTRATION IN MALAYSIA
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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.

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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.

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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.

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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.

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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.

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TRIBUNAL FOR HOMEBUYER CLAIMS MALAYSIA

• The tribunal listen any claims 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)

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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

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Internet Links

• http//ttpm.kpdnkk.gov.my/portal/index.php?option
  com_frontpageItemid1
• http//www.treasury.gov.my/index.php?optioncom_co
  ntentviewcategoryid1543Abahagian-tribunal-ray
  uan-kastamItemid259langen

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TUTORIAL

• Define tribunal administration.
• Describe tribunal administration in Malaysia.

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THAT ALL FOR TODAYSEE YOU AGAIN NEXT LECTURE

• LESSON 9
• FINANCIAL ADMINISTRATION

THANK YOU