South Australian Numbered Acts

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23—Constitution of Tribunal

        (1)         Subject to this section, the President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal.

        (2)         The Tribunal is not to be constituted by more than 3 members.

        (3)         A person is not allowed to be a sitting member of the Tribunal, or perform any function as a member of the Tribunal, in relation to a matter in the review jurisdiction of the Tribunal if the person was—

            (a)         the decision-maker in relation to that matter; or

            (b)         a member of a body that was the decision-maker in relation to that matter.

        (4)         The President may, as he or she thinks fit—

            (a)         alter who is to constitute the Tribunal for the purpose of dealing with a matter, or anything relating to a matter, and the Tribunal as constituted after the alteration can have regard to any record of the proceedings of the Tribunal in relation to the matter before the alteration or any evidence taken in the proceedings before the alteration;

            (b)         provide that different aspects of the same matter may be dealt with by different members of the Tribunal, and the members of the Tribunal may then come together and have regard to any evidence taken by the respective members of the Tribunal for the purposes of the proceedings of the Tribunal.

        (5)         In addition, the Tribunal may be constituted of—

            (a)         a registrar for the purpose of adjourning proceedings; or

            (b)         a registrar or other member of the staff of the Tribunal for any other purpose specified by this Act or a relevant Act, prescribed by the rules of the Tribunal, or determined by the President.

        (6)         The Tribunal may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.

        (7)         The Tribunal may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Tribunal in such a way that 2 or more proceedings in respect of the same matter are heard together.

        (8)         Where a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President of the Tribunal so directs, refer the matter to the Tribunal for determination by the Tribunal.

        (9)         If a provision of this Act and the provisions of a relevant Act deal with the manner in which the Tribunal is to be constituted for the purposes of proceedings or any other business under a relevant Act, this section applies subject to those provisions of the relevant Act.

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