(1) An appeal against
a decision of the Director under Part 4 must be heard by a panel
of 3 persons as constituted by the Commission as follows:
(a) at
least 1 person must be a member of the Commission (other than the Director);
and
(b)
depending on the number of members of the Commission under
paragraph (a), may include up to 2 assessors selected by the
Commission from the panel of assessors established under section 12B.
(2) The presiding
member of a panel hearing an appeal will be—
(a) if
the constitution of the panel includes the Chairperson of the
Commission—the Chairperson; or
(b) if
the constitution of the panel does not include the Chairperson of
the Commission—
(i)
in the case of a panel that includes only 1 member of the
Commission—that member; or
(ii)
in the case of a panel that includes 2 or more members of
the Commission—the member agreed by those members of the Commission.
(3) A matter required
to be decided by the panel will be decided according to the opinion of the
majority of them but, if their opinions on the matter are equally divided, the
question is to be decided according to the opinion of the presiding member.