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PLANNING ACT 2016 - SECT 232
Appointment of referees
232 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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