Victorian Current Acts Victorian Current Acts(1) An investigating panel consists of 3 members appointed by the Judicial Commission of whom—
(a) one member must be a person appointed to the pool of persons under section 87AAW; and
(b) one member must be a person who, at the time the person is appointed to the investigating panel—
(i) has been but is no longer, a judicial officer; or
(ii) has been but is no longer, a non‑judicial member of VCAT or a member of a prescribed tribunal; or
(iii) is the holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties; or
(iv) has been but is no longer, a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(v) has been but is no longer, the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court); and
(c) one member must be a person who is or has been—
(i) a judicial officer; or
(ii) a non-judicial member of VCAT or a member of a prescribed tribunal; or
(iii) a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(iv) the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court).
(2) A person must not be appointed under subsection (1) if the person—
(a) is a member of the Board; or
(b) does not consent to the appointment.
(3) A person must not be appointed under subsection (1)(c) if the person is a judicial officer (other than a person who is a holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties) who is—
(a) of the same court as the judicial officer who is the subject of the complaint or referral that is to be investigated by the panel; or
(b) of a lower court than the judicial officer who is the subject of the complaint or referral that is being investigated by the panel.
(4) A person who is, or has been, a judicial registrar or the holder of an equivalent office in an Australian court (other than a Victorian court) may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a judicial registrar.
(5) A person who is, or has been a non-judicial member of VCAT or a member of a prescribed tribunal may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a non-judicial member of VCAT.
(6) A person may be appointed to more than one investigating panel at the same time.
S. 87AAT inserted by No. 16/2016 s. 156.