Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 110YA

Appointment of Tribunal members

  (1)   The Tribunal members are to be appointed by the Minister, in writing, on a part - time basis.

  (2)   The instrument of appointment of a Tribunal member must specify whether the member is appointed as the Chair of the Tribunal, or as one of the other Tribunal members.

  (3)   In making appointments, the Minister must have regard to the desirability of:

  (a)   reflecting a diversity of expertise, experience and gender among the Tribunal members; and

  (b)   the Tribunal members being independent of those who usually make reviewable decisions.

  (4)   A person is not eligible to be appointed as the Chair if:

  (a)   the person is, or has at any time been, a member of the Defence Force rendering continuous full - time service; or

  (b)   in the Minister's opinion, the person does not have an appropriate level of security clearance.

  (5)   A person is not eligible to be appointed as one of the other Tribunal members if:

  (a)   the person is, or has at any time within the previous 12 months been, a member of the Defence Force rendering continuous full - time service; or

  (b)   in the Minister's opinion, the person does not have an appropriate level of security clearance.


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