(1) The decision of an investigating panel on what action to take in relation to a complaint or referral it is investigating may be made by a majority of the members of the investigating panel as constituted for the complaint or referral.
(2) A report of an investigating panel may include a majority report and a minority report.
(3) If a member of the investigating panel becomes unavailable or unable to perform the functions of a member, or ceases to be a member under section 87AAY(1)(i), (j) or (k) of the Constitution Act 1975 , or is removed as a member, the investigating panel may—
(a) continue the investigation of the complaint or referral with 2 members; or
(b) request the Judicial Commission to appoint a replacement member.
(4) If an investigating panel continues the investigation of a complaint or referral with only 2 panel members in accordance with subsection (3)(a), the decision of the investigating panel on what action to take must be unanimous.