37Constitution of an investigating panel for making decisions

37 Constitution of an investigating panel for making decisions

(1) The decision of an investigating panel on what action to take in relation to a complaint or referral it is investigating may be made by a majority of the members of the investigating panel as constituted for the complaint or referral.

(2) A report of an investigating panel may include a majority report and a minority report.

(3) If a member of the investigating panel becomes unavailable or unable to perform the functions of a member, or ceases to be a member under section 87AAY(1)(i), (j) or (k) of the Constitution Act 1975, or is removed as a member, the investigating panel may—

(a) continue the investigation of the complaint or referral with 2 members; or

(b) request the Judicial Commission to appoint a replacement member.

(4) If an investigating panel continues the investigation of a complaint or referral with only 2 panel members in accordance with subsection (3)(a), the decision of the investigating panel on what action to take must be unanimous.