34EMembership of Appeal Panel

#### 34E Membership of Appeal Panel 34E Membership of Appeal Panel > > (1) HRNSW must appoint suitably qualified persons to be members of the Appeal Panel. > > > (2) A member of HRNSW cannot be a member of the Appeal Panel. > > > (3) HRNSW must, subject to this section, decide the qualifications and disqualifications for membership of the Appeal Panel. > > > (4) In making its decision, HRNSW must consider the need to minimise conflicts of interest, including conflicts arising from a person’s— > > > > > (a) ownership of a harness racing horse, or > > > > > (b) professional involvement in race preparation, or > > > > > (c) professional or commercial dealings with a person who holds a registration under this Act. > > > (5) At least 1 member of the Appeal Panel must be an Australian lawyer of at least 7 years standing. > > > (6) A person is not eligible to be appointed as a member of the Appeal Panel if the person— > > > > > (a) holds a registration under this Act, or > > > > > (b) is currently warned off or disqualified, or > > > > > (c) is a person whose name is currently on the Unpaid Forfeits List, under the Australian Harness Racing Rules, or > > > > > (d) during the previous 10 years has been convicted— > > > > > > > (i) in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or > > > > > > > (ii) in another jurisdiction of an offence which, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or > > > > > (e) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or > > > > > (f) is a mentally incapacitated person. > > > (7) A member of the Appeal Panel holds office for 4 years from appointment and is eligible, if otherwise qualified, to be reappointed. > > > (8) The office of a member of the Appeal Panel becomes vacant if the member— > > > > > (a) dies, or > > > > > (b) completes a term of office and is not reappointed, or > > > > > (c) resigns the office by written instrument addressed to HRNSW, or > > > > > (d) is removed from office under subsection (9), or > > > > > (e) becomes a person who is not eligible to be a member of the Appeal Panel. > > > (9) The Minister may, on the recommendation of HRNSW, remove a member of the Appeal Panel from office for incapacity, incompetence or misbehaviour. > > **s 34E:** Ins 2022 No 22, Sch 3\[20\].