New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 11

11 Appointment of occasional members

(1) The President may, by written instrument, appoint a person to be an occasional member in relation to particular proceedings before the Tribunal if--

(a) the person is qualified to be appointed as a member of the kind concerned, and

(b) the President is satisfied that the appointment of the person as a member is necessary to enable the Tribunal to be properly constituted to exercise its functions in the proceedings.

Note : Section 13 makes general provision with respect to qualifications for appointment. A Division Schedule for a Division of the Tribunal may, in some cases, make special provision for the assignment of members to that Division based on particular skills, expertise or qualifications.

(2) Without limiting clause 12 of Schedule 2, the President may delegate the function of appointing occasional members to sit as Division members for a Division of the Tribunal to the Division Head of the Division or a List Manager of a Division of the Tribunal.

(3) The instrument of appointment of an occasional member is to specify--

(a) whether the member has been appointed as a Deputy President, principal member, senior member or general member, and

(b) the proceedings in relation to which the member has been appointed as an occasional member.

(4) An occasional member who is appointed to be a member in relation to proceedings that are allocated to a Division of the Tribunal is taken to be assigned as a Division member of that Division.

(5) A person who is appointed as an occasional member holds office as such until the proceedings in relation to which the member has been appointed as an occasional member have been finally determined, unless the person sooner vacates office.

(6) The proceedings in relation to which an occasional member has been appointed as an occasional member are not
"finally determined" for the purposes of subsection (5) until--

(a) the proceedings are withdrawn by a party before the substantial merits of the proceedings are considered by the Tribunal, or

(b) the proceedings are dismissed by the Tribunal (as constituted by or with the member) before the substantial merits of the proceedings are considered by the Tribunal (including, where required, the giving of reasons for the dismissal and the determination of costs), or

(c) the Tribunal (as constituted by or with the member) has completed all the processes necessary to decide the substantial merits of the proceedings (including, where required, the giving of reasons for the decision and the determination of costs),

whichever occurs first.