175Constitution of Federal Court

175 Constitution of Federal Court

(1) The appeal must be heard by a Full Court if the decision is given by: (a) a member who is a Judge; or (b) the Tribunal constituted for the purposes of a proceeding by a member who is, or members at least one of whom is, a Judge. (2) The appeal may be heard by a Full Court if: (a) subsection (1) does not apply; and (b) the decision is given by: (i) a member who is a Non‑Judicial Deputy President; or (ii) the Tribunal constituted for the purposes of a proceeding by a member who is, or members at least one of whom is, a Non‑Judicial Deputy President; or (iii) the Tribunal constituted for the purposes of a proceeding by the guidance and appeals panel; and (c) the Chief Justice of the Court, following consultation with the President, thinks it appropriate.