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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 27
Constitution of Tribunal
27 Constitution of Tribunal
(1) The Tribunal is to be constituted as follows-- (a) in the case of an
internal appeal or designated external appeal--by an Appeal Panel of
the Tribunal consisting of-- (i) one member who is an Australian lawyer, or
(ii) 2 or more members (at least one of whom must be an Australian lawyer),
(b) in the case of proceedings for contempt of the Tribunal--by one or more of
the following members-- (i) the President,
(ii) any other member who is a
current or former NSW judicial officer,
(c) in the case of proceedings for a
contravention of a civil penalty provision of this Act--by one or more of the
following-- (i) the President,
(ii) a Deputy President,
(iii) a
principal member who is an Australian lawyer of at least 7 years' standing,
(d) in the case of any other proceedings--by one or more Division members of
the Division to which the function of dealing with the proceedings is
allocated.
Note : The functions of the Tribunal are generally exercised in
the Divisions of the Tribunal by Division members. However, the functions of
the Tribunal when constituted by an Appeal Panel or in exercise of its
enforcement jurisdiction are not allocated to any particular Division of
the Tribunal. See section 16(4).
A Division Schedule for a Division may, in some cases, make special provision
for the constitution of the Tribunal when exercising functions allocated to
that Division (including the qualifications of members to sit in specified
kinds of proceedings). It may also provide for certain Division functions to
be exercised by a registrar and for the constitution of Appeal Panels in
internal appeals against decisions made in the Division.
The procedural rules may also authorise a registrar to make ancillary or
interlocutory decisions of the Tribunal on behalf of the Tribunal. See
section 23(6).
(2) The President may give or revoke a direction as to the
members who are to constitute the Tribunal for the purposes of any particular
proceedings. Note : The President may delegate the function of constituting
the Tribunal for particular proceedings to a Division Head for a Division of
the Tribunal or another member. See clause 12 of Schedule 2.
(3) In giving a
direction as to the members who are to constitute the Tribunal for the
purposes of any particular proceedings, the President is to have regard to the
following matters-- (a) the degree of public importance or complexity of the
subject-matter of the proceedings,
(b) the need for any of the members to
have special knowledge or experience in the subject-matter of the proceedings,
(c) any applicable requirements in relation to the constitution of
the Tribunal that are specified by a Division Schedule for a Division of
the Tribunal or enabling legislation,
(d) such other matters as the President
considers relevant.
(4) The President may give directions (whether for
particular proceedings, classes of proceedings or generally) as to which
member is to preside at proceedings in the Tribunal when the Tribunal is
constituted by more than one member.
(5) There may be more than one sitting
of the Tribunal (including when constituted as an Appeal Panel) at the same
time.
(6) In this section--
"designated external appeal" means any of the following-- (a) an
external appeal under section 45 of the Drug and Alcohol Treatment Act 2007 ,
(b) an external appeal under section 50 of the NSW Trustee and Guardian Act
2009 ,
(c) any other external appeal that this Act or enabling legislation
has declared to be a designated external appeal for the purposes of this
section.
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