Western Australian Current Acts Western Australian Current Acts (1) When exercising
its jurisdiction, the Tribunal is to be constituted by a person who is a
Tribunal member or persons who are Tribunal members, as specified by the
President.
(2) The Tribunal is
not to be constituted by more than 3 members.
(3) Despite
subsections (2) and (4), the President can specify that the Tribunal is to be
constituted by 4 members or 5 members if the President is satisfied that it is
appropriate to do so in particular circumstances.
(4) The President is
to ensure that when dealing with a decision of a vocational regulatory body or
a matter brought before the Tribunal by a vocational regulatory body or by
another person under a vocational Act, the Tribunal is constituted by 3
persons, being —
(a) one
person who is a legally qualified member; and
(b) one
person who has extensive or special experience in the same vocation as the
person affected by or the subject of the decision or matter; and
(c) one
person not engaged in that vocation who is familiar with the interests of
persons dealing with persons engaged in that vocation or has knowledge or
experience enabling the person to understand those interests.
(5) Subsection (4)
does not apply to —
(a) a
hearing at which the Tribunal makes a decision other than a final decision; or
(aa) a
hearing at which the Tribunal makes a final decision with the consent of the
parties; or
(b) a
compulsory conference; or
(c) the
appointment of a Tribunal member as a mediator.
(6) In specifying the
persons by whom the Tribunal is to be constituted for dealing with a
particular matter and the number of those persons, the President is to have
regard to —
(a) the
degrees of the public importance and the complexity of the matter; and
(b) if
the matter comes within the Tribunal’s review jurisdiction, the nature
and status of the office of the decision-maker who made the reviewable
decision; and
(c) the
extent to which any sitting member of the Tribunal needs to have special
knowledge or experience that is relevant to the matter; and
(d) the
need to ensure that a person who has had previous involvement with the matter,
otherwise than as a Tribunal member, is not a sitting member of the Tribunal;
and
(e) any
relevant provision of this Act or another written law; and
(f)
anything else that the President considers relevant.
(7) A person is not
allowed to be a sitting member of the Tribunal, or perform any function as a
Tribunal member, in relation to a matter in the Tribunal’s review
jurisdiction 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.
(8) The President may
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 proceeding of the
Tribunal in relation to the matter before the alteration or any evidence taken
in the proceeding before the alteration.
[Section 11 amended: No. 5 of 2008 s. 111.]