Tasmanian Numbered Acts

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RESIDENTIAL BUILDING WORK CONTRACTS AND DISPUTE RESOLUTION ACT 2016 (NO. 32 OF 2016) - SECT 84

Members of panels disqualified if interested
(1)  In this section –
application means –
(a) a notice of dispute within the meaning of section 45 ; and
(b) an adjudication application within the meaning of section 56 ;
expert panel means a panel appointed under section 70(1) .
(2)  A member of a panel is disqualified from mediating or adjudicating an application if he or she has a material personal interest in a contract, dispute, or party to the contract, to which the application relates.
(3)  As soon as practicable after becoming aware that he or she is disqualified from mediating or adjudicating an application, a member of a panel must –
(a) cease to deal with the application; and
(b) serve notice in writing on the Director, specifying that the member is disqualified from mediating or adjudicating the application.
(4)  A decision, in relation to an application, of an expert panel is void if a member of the panel who is disqualified under this section from adjudicating the application takes part in the making of the decision.
(5)  A fee that consists of the fee of a member of a panel may not be charged under section 76 by an expert panel if the member is disqualified from mediating or adjudicating an application to which the fee relates.



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