Non-judicial tribunals have been established by the Commonwealth and all State governments except for Victoria to deal with industrial relations matters.

The Commonwealth Parliament power to make laws is in accordance with the heads of power provided in the Australian Constitution. In the main the Commonwealth’s power to regulate matters pertaining to industrial relations matters are contained in Section 51 of the Constitution.

9.1.1 Administrative Appeals Tribunal (“AAT”)
Overview of the Tribunal

The role of the AAT is to provide independent merits review of administrative decisions. The Tribunal must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

Establishment
The Tribunal was established by the Administrative Appeals Tribunal Act 1975 (the AAT Act) and commenced operations in 1976. The AAT Act and the Administrative Appeals Tribunal Regulations 1976 (the AAT Regulations) set out the Tribunal's powers, functions and procedures.

Functions and powers
Review of decisions
-    The Tribunal is an independent body that reviews a broad range of administrative decisions made by the Australian Government, including ministers and officials, authorities and other tribunals.
-    The Tribunal also reviews administrative decisions made by some State government and non-government bodies in limited circumstances
-    The Tribunal is not always the first avenue of review of an administrative decision. In some cases, it cannot review a decision until an internal review has been conducted by the agency that made the primary decision.
-    Section 33 of the AAT Act requires that proceedings of the Tribunal be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Act and a proper consideration of the matters before the Tribunal permit.

Jurisdiction
-    The Tribunal does not have a general power to review any decision made under Commonwealth legislation.
-    The Tribunal can only review a decision if an Act, regulation or other legislative instrument.
-    Jurisdiction is generally conferred by the enactment under which the original decision was made.
-    The Tribunal's jurisdiction includes areas such as Commonwealth employees' compensation, social security, taxation, veterans' entitlements, bankruptcy, civil aviation, corporations law, customs, freedom of information.

Organisation
-    The Tribunal consists of a President, presidential members (including Judges and Deputy Presidents), Senior Members and Members.
-    The President must be a judge of the Federal Court of Australia. The President, with the assistance of the Registrar, is responsible for the management of the Tribunal and its resources.
-    Presidential members are judges of the
Federal Court or Family Court of Australia. All Deputy Presidents must be lawyers.
-    Senior Members may be lawyers or have special knowledge or skills relevant to the duties of a Senior Member.
-    Members have expertise in areas such as accountancy, actuarial work, administration, aviation, engineering, and environment.

9.1.2 Australian Competition and Consumer Commission (“ACCC”) also known as Australian Competition Tribunal

Overview Of The Tribunal
-    The ACCC promotes competition and fair trade in the market place to benefit consumers, business and the community. It also regulates national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair-trading and consumer protection laws.
-    The Australian Competition and Consumer Commission is an independent Commonwealth statutory authority. It was formed in 1995 to administer the Trade Practices Act 1974 and other acts.
The ACCC and the Trade Practices Act 1974 (Cth)
-    The Trade Practices Act’s purpose is to enhance the welfare of Australians through the promotion of competition and fair-trading and provision for consumer protection.
-    In broad terms the Act covers unfair market practices, industry codes, mergers and acquisitions of companies, product safety, product labeling, price monitoring, and the regulation of industries such as telecommunications, gas, electricity and airports.

Structure of the ACCC
-    The ACCC is an independent statutory authority. The ACCC has a Chairman, a Deputy Chair, five full-time Commissioners and two ex-officio members and a Chief Executive Officer.
-    Appointments to the ACCC involve participation by Commonwealth, state and territory governments.

Decision Making Processes
The ACCC has seven committees to help streamline the commission’s decision making. These committees comprise full-time members and/or associate and ex-officio commissioners who have expertise on particular matters.
•    The enforcement committee meets weekly and oversees the enforcement program. Its recommendations are referred to the commission for decision.
•    The mergers committee meets weekly and considers most mergers matters. It refers major matters to the commission and reports to it on others.
•    The communications committee meets as required and oversees functions on telecommunications including matters arising under Part XIB and XIC of the Trade Practices Act and authorisations. It coordinates with the enforcement committee.
•    The transport and prices committee meets as required and oversees transport issues. 
•    The adjudication committee meets weekly and considers authorisations and notifications, and reports to the full commission.

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