South Australian Numbered Acts South Australian Numbered Acts19—Appointment of senior members and ordinary members
(1) The Governor may, on the recommendation of the Minister, appoint a person as—
(a) a senior member of the Tribunal; or
(b) an ordinary member of the Tribunal.
(2) The Minister may from time to time appoint a panel of persons who will, at the request of the Minister—
(a) after consultation with the President, recommend the selection criteria for the senior members and ordinary members of the Tribunal;
(b) assess a candidate or candidates for appointment as a senior member or ordinary member of the Tribunal (and, as appropriate, to provide advice to the Minister for the purposes of subsection (1)).
(3) A person is eligible for appointment as a senior member or ordinary member of the Tribunal only if the person—
(a) is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State); or
(b) has, in the Minister's opinion, extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the Tribunal.
(4) In recommending persons for appointment as members, the Minister must have regard to—
(a) any criteria applying under subsection (2)(a); and
(b) any advice provided under subsection (2)(b); and
(c) the following:
(i) the need for balanced gender representation in the membership of the Tribunal;
(ii) the need for the membership of the Tribunal to reflect social and cultural diversity;
(iii) the range of knowledge, expertise and experience required within the membership of the Tribunal.
(5) The Minister must consult with the President of the Tribunal before making a recommendation under subsection (1).
(6) A senior member or ordinary member of the Tribunal will be appointed for a term of office, of between 3 and 5 years, specified in the instrument of appointment.
(7) A person appointed as a senior member or ordinary member of the Tribunal is eligible for reappointment at the expiration of a term of office (and without the need for seeking advice from a panel established under subsection (2)).
(8) A senior member or ordinary member of the Tribunal is appointed on conditions specified in the instrument of appointment.
(9) A senior member or ordinary member of the Tribunal may be appointed on a full-time, part-time or sessional basis (and this may be altered from time to time with the agreement of the Minister).
(10) A senior member or ordinary member of the Tribunal—
(a) must advise the President of the Tribunal of the nature of any paid employment or professional work undertaken outside his or her duties as a member of the Tribunal; and
(b) must not engage in any such employment or work if the President informs the member that, in the President's opinion, to do so would or may conflict with the proper performance of the member's duties of office.
(11) The Minister must consult with the President about—
(a) the conditions of an appointment under subsection (8); and
(b) the basis of an appointment under subsection (9).