New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 17

17 Division Schedule for a Division of Tribunal

(1) The
"Division Schedule" for a Division of the Tribunal is the Schedule to this Act that provides for the composition and functions of that Division.

(2) Without limiting subsection (1), a Division Schedule for a Division of the Tribunal may include provisions about the following matters--

(a) the qualifications and procedure for the appointment of a Division Head of the Division,

(b) the qualifications and procedure for the assignment of other Division members,

(c) the allocation to the Division of functions of the Tribunal in relation to enabling legislation,

(c1) the reallocation from the Division to another Division of functions of the Tribunal in relation to enabling legislation,

(d) the use of Division Lists in the Division and the qualifications and procedure for the appointment of, and the functions of, List Managers for the Division,

(e) special requirements for the constitution of the Tribunal when exercising functions of the Tribunal allocated to the Division,

(f) special requirements in relation to the powers of, and the practice and procedure to be followed by, the Tribunal in relation to proceedings in the Division,

(g) the functions of registrars in relation to proceedings in the Division,

(h) special requirements regarding appeals from decisions made by the Tribunal or a registrar in the Division (including whether appeals lie to an Appeal Panel or court and the constitution and functions of an Appeal Panel or court on any such appeal).

(3) The provisions of a Division Schedule for a Division of the Tribunal prevail to the extent of any inconsistency between those provisions and any other provisions of this Act (except Part 3A) or the provisions of the procedural rules.

(4) Subject to subsections (5) and (6), the regulations may--

(a) amend section 16(1) to change the name of a Division of the Tribunal and amend other provisions of this Act (including a Division Schedule for a Division of the Tribunal) to update references to a renamed Division, and

(b) amend a Division Schedule for a Division of the Tribunal to make additional or different provision for or with respect to the composition and functions of the Division (including, without limitation, the matters referred to in subsection (2)), and

(c) make provision for matters of a saving or transitional nature consequent on the amendment of this Act by the regulations.

(5) The Minister is not to recommend the making of a regulation for the purposes of subsection (4) unless the Minister certifies that--

(a) the President has agreed to the amendments that are proposed to be made by the regulation, and

(b) in the case of proposed amendments to Schedule 4 (other than an amendment of a kind referred to in subsection (4)(a))--the Minister for Innovation and Better Regulation has also agreed to the proposed amendments to that Schedule.

(6) However, a regulation made for the purposes of subsection (4) may not make--

(a) any of the following amendments to Schedule 5--

(i) an amendment that has the effect of reallocating any of the functions of the Division of the Tribunal to which that Schedule relates in relation to the Health Practitioner Regulation National Law (NSW) to another Division,

(ii) an amendment to Division 3 (Health practitioners) of Part 4 of that Schedule, including an amendment to another provision of that Schedule that has the effect of indirectly amending clause 14 (Effect of amendments to Schedule by regulations), or

(b) any amendment to Schedule 6 (other than an amendment of a kind referred to in subsection (4)(a)).

(7) Any reference in any other Act or instrument made under any other Act to a Division of the Tribunal that has been renamed under this section is to be read as a reference to the Division as renamed.