Family Responsibilities Commission Act 2008
sec.98Constitution of commission
Start here
Get a plain-English read of sec.98
Turn the raw legal text into a practical explanation grounded in Family Responsibilities Commission Act 2008.
sec.98 Constitution of commission
For hearing an application under division 1 (the application hearing ), 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 applicant 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 family responsibilities agreement was entered into or the family responsibilities order 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 application hearing; and as if the reference in the section to the agency notice were a reference to the application hearing. For an application hearing, 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. s 98 amd 2010 No. 42 s 65 (sec.98-ssec.1) For hearing an application under division 1 (the application hearing ), 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 applicant lives or lived. (sec.98-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 family responsibilities agreement was entered into or the family responsibilities order 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.98-ssec.3) For subsection (2) (b) , section 51 applies— as if a reference in the section to a conference were a reference to the application hearing; and as if the reference in the section to the agency notice were a reference to the application hearing. (sec.98-ssec.4) For an application hearing, 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 applicant lives or lived.
- (a) if practicable, the local commissioners who were constituting members for the conference at which the family responsibilities agreement was entered into or the family responsibilities order was made; or