Family Responsibilities Commission Act 2008
sec.85Constitution of commission for show cause process
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sec.85 Constitution of commission for show cause process
For acting under this division, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived. The local commissioners mentioned in subsection (1) (b) are to be— if practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 . For subsection (2) (b) , section 51 applies— as if a reference in the section to a conference were a reference to the show cause process; and as if the reference in the section to the agency notice were a reference to the show cause notice. In dealing with a show cause notice under this division, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate. (sec.85-ssec.1) For acting under this division, the commission is to be constituted by— the commissioner; and 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived. (sec.85-ssec.2) The local commissioners mentioned in subsection (1) (b) are to be— if practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or otherwise—nominated by the local registry coordinator for the welfare reform community area, and appointed by the commissioner, under section 51 . (sec.85-ssec.3) For subsection (2) (b) , section 51 applies— as if a reference in the section to a conference were a reference to the show cause process; and as if the reference in the section to the agency notice were a reference to the show cause notice. (sec.85-ssec.4) In dealing with a show cause notice under this division, the commission— must observe natural justice; and must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it; and is not bound by the rules of evidence; and may inquire into, and inform itself, of anything in the way it considers appropriate.
- (a) the commissioner; and
- (b) 2 local commissioners appointed for the welfare reform community area in which the commissioner considers the person the subject of the show cause notice lives or lived.
- (a) if practicable, the local commissioners who were constituting members for the conference at which the decision to which the show cause notice relates was made; or