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The Canberra Times
The Canberra Times
Jasper Lindell

'Intellectual rigour and kindness': ACAT's new president on why the tribunal matters

Ensuring interactions with the ACT Civil and Administrative Tribunal are positive boosts community confidence in the legal system and the rule of law, the tribunal's incoming president has said.

Mary-Therese Daniel will be appointed president, having served on the tribunal for more than a decade and as a presidential member since 2015, replacing Graeme Neate, who died in June.

"People sometimes think, 'Oh, it's only a small claims matter', 'It's only a residential tenancy dispute', but the way that we are able to make that person feel that they have a voice, that they can be heard, and that they can understand how the law applies to their situation and have the law applied fairly - the way we do that is fundamental to enhancing public confidence in the rule of law," Ms Daniel said.

Ms Daniel said a good interaction with the tribunal was more likely to engender a person's willingness to embrace a legal resolution of dispute "rather than taking the law into their own hands or just not getting a resolution".

Mary-Therese Daniel, inset, who will be appointed president of the ACT Civil and Administrative Tribunal, pictured. Picture by Karleen Minney, supplied

Attorney-General Shane Rattenbury will on Wednesday announce Ms Daniel's appointment to serve a seven-year term, following a competitive selection process.

Mr Rattenbury said Ms Daniel had demonstrated a strong commitment to the tribunal, which was shown in her energetic and resourceful approach to her work as a member since 2012. The announcement was first made inadvertently on the ACT Greens' website on Tuesday.

"Ms Daniel will ably lead the management of the tribunal as it prepares for its digital future. I look forward to seeing ACAT continue to evolve under her leadership as it serves our growing community in resolving disputes and achieving justice," Mr Rattenbury said.

Ms Daniel has previously worked with the Family Court, Legal Aid ACT, the territory's Office of the Director of Public Prosecutions and ACT Government Solicitor.

It was a strength of the ACT Civil and Administrative Tribunal that many of its staff and members had wide and varied experiences across other parts of the justice system, Ms Daniel said.

"When we do have a case before us or have people on the phone to registry, we can identify there are other legal issues, there's an unmet legal need and we can, it enables us to help get that person more than just a resolution to this dispute," she said, saying the tribunal had been well placed to refer people to other legal services.

Ms Daniel said the relationship between the tribunal and other courts was important in administering justice in the territory, while each maintained their independence.

"We're very fortunate in the judiciary and legal system in Canberra that we've got a real willingness to respect each other's roles, but also to understand each other's roles in the system," she said.

Ms Daniel said it was an honour and privilege to lead the tribunal, which she said was a significant part of the justice system.

"I do have very big shoes to fill because the past presidents have been so inspirational that I only hope I can keep things on the same track and bring the, I know the intellectual rigour and the kindness which both [past presidents] brought to bear in their stewardship of the tribunal," she said.

Mr Neate, the former tribunal president, died in June, having served as president since January 2017.

"We are deeply thankful for Graeme's commitment to public service and his contributions to our community and beyond. It's been a privilege to work with Graeme in recent years and he leaves a significant professional legacy," Mr Rattenbury said at the time, after describing Mr Neate as an exceptional lawyer and human being.

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