Victorian Current Acts Victorian Current Acts(1) If one of the members of the Division (other than the presiding member) vacates office or becomes incapable of sitting—
(a) before the Division has completed the hearing; or
(b) before the Division has made a determination in respect of a hearing—
if the remaining members of the Division agree, the hearing may be continued, or a determination made, by those remaining members and, if they are divided in opinion as to the determination to be made in respect of the hearing, the opinion of the presiding member prevails.
(2) If the presiding member or more than 1 member vacates office or becomes incapable of sitting before the Division has completed the hearing or made a determination in respect of the hearing, the hearing is terminated and a new hearing may be commenced before another Division of the Committee.
(3) In a new hearing, the new Division may have regard to the record of the proceeding before the Committee as previously constituted, including the record of any evidence taken in the proceeding.