National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 28
Adjudication (continued)
In cases where additional documents are required in order to render a case complete, the parties
are advised of the information that is required to be submitted in order to complete the filing and
provided with a timeframe within which to do so. During the financial period, 30,2% of cases were
converted from incomplete to complete. The Tribunal is actively engaged with the filing parties on
the requirements and provides the necessary assistance and direction where required, resulting
in 955 cases being completed during the year. Incomplete cases cannot be taken further for
adjudication and therefore remain as incomplete cases on the case statistics.
In spite of the drastic increase in its caseload, the Tribunal was able to ensure that assessments
on filings were completed within a three-day period, except in three matters. The periods of high
demand were managed through the appointment and training of a panel of lawyers to assist
with the assessment of cases. Towards the end of the financial year, the Tribunal appointed
three students to assist in this area. This was part of a strategy to increase the resourcing of the
Tribunal, as well as contributing towards government’s broader objective of youth employment
and youth development.
There are 34 different types of applications and referrals that can be filed with the Tribunal. The
types of applications are the following:
Application Type Description of Application
1 Section 55(6) Application by the Regulator to enforce compliance with a
compliance notice
2 Section 56(1) Application by a registrant to modify or set aside a compliance
notice
3 Section 57(1) Application by the Regulator to cancel the registration of a
registrant
4 Section 59(1) Application to review a decision of the Regulator
5 Section 62(3) Application to limit a credit provider’s obligation to provide
reasons for refusal of credit.
6 Section 63(5) Application to review the rejection of a language proposal
7 Section 65(5) Application to limit a credit provider’s obligation to deliver
documents
8 Section 71(3) Application by a consumer to review a decision to refuse a
clearance certificate
9 Section 72(6) Application to limit an obligation to produce information
10 Section 82(4) Application to impose guideline for the assessment of credit
ability
11 Section 99(2) Application for compensation from a pawnbroker in lieu of
property
12 Section 110(5) Application to limit a credit provider’s obligation to produce
statements of amounts owing
13 Section 113(4) Application to limit a credit provider’s obligation to produce
settlement amounts.
14 Section 114(1) Application by a consumer to compel the production of a
statement
Annual Report 2011
page 26 | national consumer tribunal