sec.598Constitution of tribunal

### sec.598 Constitution of tribunal Subject to subsections (2) and (3) , for a proceeding for a matter the tribunal is empowered to deal with under this Act, the tribunal is to be constituted by a judicial member who is— a Supreme Court judge; or a former Supreme Court judge who is nominated by the president of the tribunal to constitute the tribunal. For a proceeding on an application under section 328 , the tribunal is to be constituted by a judicial member. For a proceeding for which the tribunal has not been constituted— the powers of the tribunal under the QCAT Act , section 47 or 48 are, and are only, exercisable by a judicial member; and the following powers of the tribunal are, and are only, exercisable by a legally qualified member— giving directions; making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a) ; making an order under the QCAT Act , section 86 . In this section— judicial member means a judicial member under the QCAT Act . legally qualified member means a legally qualified member under the QCAT Act . s 598 sub 2009 No. 24 s 1525 amd 2012 No. 37 s 34 ; 2023 No. 23 s 117 (sec.598-ssec.1) Subject to subsections (2) and (3) , for a proceeding for a matter the tribunal is empowered to deal with under this Act, the tribunal is to be constituted by a judicial member who is— a Supreme Court judge; or a former Supreme Court judge who is nominated by the president of the tribunal to constitute the tribunal. (sec.598-ssec.2) For a proceeding on an application under section 328 , the tribunal is to be constituted by a judicial member. (sec.598-ssec.3) For a proceeding for which the tribunal has not been constituted— the powers of the tribunal under the QCAT Act , section 47 or 48 are, and are only, exercisable by a judicial member; and the following powers of the tribunal are, and are only, exercisable by a legally qualified member— giving directions; making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a) ; making an order under the QCAT Act , section 86 . (sec.598-ssec.4) In this section— judicial member means a judicial member under the QCAT Act . legally qualified member means a legally qualified member under the QCAT Act . - (a) a Supreme Court judge; or - (b) a former Supreme Court judge who is nominated by the president of the tribunal to constitute the tribunal. - (a) the powers of the tribunal under the QCAT Act , section 47 or 48 are, and are only, exercisable by a judicial member; and - (b) the following powers of the tribunal are, and are only, exercisable by a legally qualified member— (i) giving directions; (ii) making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a) ; (iii) making an order under the QCAT Act , section 86 . - (i) giving directions; - (ii) making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a) ; - (iii) making an order under the QCAT Act , section 86 . - (i) giving directions; - (ii) making an order or another decision pending the final hearing of the matter, other than an order under a provision mentioned in paragraph (a) ; - (iii) making an order under the QCAT Act , section 86 .