New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 52

52 Reconstitution of Tribunal during proceedings

(1) The President may replace the member, or one of the members, constituting the Tribunal after the consideration of a matter by the Tribunal has commenced if, before the matter is determined, the member--

(a) becomes unavailable for any reason, or

(b) ceases to be a member, or

(c) ceases to have a qualification required for participation in the proceedings, or

(d) is directed by the President not to take part in the proceedings.

(2) The President may not replace a member unless the President has first--

(a) afforded the parties an opportunity to make submissions about the proposed replacement, and

(b) taken any such submissions into account.

(2A) The President must not make a direction under subsection (1)(d) in relation to a member unless the President--

(a) has consulted the member, if it is reasonably practicable to do so, and

(b) is satisfied that making the direction is--

(i) in the interests of justice, and

(ii) in the interests of achieving the expeditious and efficient conduct of the proceedings, and

(iii) otherwise appropriate having regard to the objects of this Act.

(2B) The President may give directions as to the member or members who are to constitute the Tribunal after the consideration of a matter by the Tribunal has commenced.

(3) The Tribunal as reconstituted under this section is to have regard to the evidence, submissions and decisions in relation to the matter that were given or made before the Tribunal was reconstituted.