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PLANNING ACT 2016 - SECT 233
Appointment of referees
233 Appointment of referees
(1) The Minister, or chief executive, (the
"appointer" ) may appoint a person to be a referee, by an appointment notice,
if the appointer considers the person— (a) has the qualifications or
experience prescribed by regulation; and
(b) has demonstrated an ability—
(i) to negotiate and mediate outcomes between parties to a proceeding; and
(ii) to apply the principles of natural justice; and
(iii) to analyse complex
technical issues; and
(iv) to communicate effectively, including, for
example, to write informed succinct and well-organised decisions, reports,
submissions or other documents.
(2) The appointer may— (a) appoint a
referee for the term, of not more than 3 years, stated in the
appointment notice; and
(b) reappoint a referee, by notice, for further terms
of not more than 3 years.
(3) If an appointer appoints a public service
officer as a referee, the officer holds the appointment concurrently with any
other appointment that the officer holds in the public service.
(4) A referee
must not sit on a tribunal unless the referee has given a declaration, in the
approved form and signed by the referee, to the chief executive.
(5) The
appointer may cancel a referee’s appointment at any time by giving a notice,
signed by the appointer, to the referee.
(6) A referee may resign the
referee’s appointment at any time by giving a notice, signed by the referee,
to the appointer.
(7) In this section—
"appointment notice" means— (a) if the Minister gives the notice—a gazette
notice; or
(b) if the chief executive gives the notice—a notice given to
the person appointed as a referee.
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