27Constitution of Tribunal

27 Constitution of Tribunal

27 Constitution of Tribunal

(1) The Tribunal is to be constituted as follows—

(a) in the case of an internal appeal or designated external appeal—by an Appeal Panel of the Tribunal consisting of—

(i) one member who is an Australian lawyer, or

(ii) 2 or more members (at least one of whom must be an Australian lawyer),

(b) in the case of proceedings for contempt of the Tribunal—by one or more of the following members—

(i) the President,

(ii) any other member who is a current or former NSW judicial officer,

(c) in the case of proceedings for a contravention of a civil penalty provision of this Act—by one or more of the following—

(i) the President,

(ii) a Deputy President,

(iii) a principal member who is an Australian lawyer of at least 7 years’ standing,

(d) in the case of any other proceedings—by one or more Division members of the Division to which the function of dealing with the proceedings is allocated.

Note.

The functions of the Tribunal are generally exercised in the Divisions of the Tribunal by Division members. However, the functions of the Tribunal when constituted by an Appeal Panel or in exercise of its enforcement jurisdiction are not allocated to any particular Division of the Tribunal. See section 16(4).

A Division Schedule for a Division may, in some cases, make special provision for the constitution of the Tribunal when exercising functions allocated to that Division (including the qualifications of members to sit in specified kinds of proceedings). It may also provide for certain Division functions to be exercised by a registrar and for the constitution of Appeal Panels in internal appeals against decisions made in the Division.

The procedural rules may also authorise a registrar to make ancillary or interlocutory decisions of the Tribunal on behalf of the Tribunal. See section 23(6).

(2) The President may give or revoke a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings.

Note.

The President may delegate the function of constituting the Tribunal for particular proceedings to a Division Head for a Division of the Tribunal or another member. See clause 12 of Schedule 2.