Mental Health Act 2016
sec.707Appointment of members
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sec.707 Appointment of members
The president is to be appointed by the Governor in Council on a full-time basis. The deputy president and other members are to be appointed by the Governor in Council on a full-time or part-time basis. A person is eligible for appointment as the president or deputy president only if the person— is a lawyer of at least 7 years standing; and has, in the Minister’s opinion, sufficient knowledge of administrative law and this Act. A person is eligible for appointment as another member only if— the person— is a lawyer of at least 5 years standing; or is a psychiatrist; or has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and the Minister is satisfied the person has the competencies developed by the president under section 714 (3) . In recommending a person for appointment as a member, the Minister must have regard to— the need for a balanced gender representation in the membership of the tribunal; and the range and experience of members; and the need for the membership of the tribunal to reflect the social and cultural diversity of the general community. Also, in recommending a person for appointment as a member, if the Minister is not responsible for administering the Forensic Disability Act , the Minister must consult with the Minister responsible for administering that Act. Members are appointed under this Act and not under the Public Sector Act 2022 . s 707 amd 2022 No. 34 s 365 sch 3 (sec.707-ssec.1) The president is to be appointed by the Governor in Council on a full-time basis. (sec.707-ssec.2) The deputy president and other members are to be appointed by the Governor in Council on a full-time or part-time basis. (sec.707-ssec.3) A person is eligible for appointment as the president or deputy president only if the person— is a lawyer of at least 7 years standing; and has, in the Minister’s opinion, sufficient knowledge of administrative law and this Act. (sec.707-ssec.4) A person is eligible for appointment as another member only if— the person— is a lawyer of at least 5 years standing; or is a psychiatrist; or has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and the Minister is satisfied the person has the competencies developed by the president under section 714 (3) . (sec.707-ssec.5) In recommending a person for appointment as a member, the Minister must have regard to— the need for a balanced gender representation in the membership of the tribunal; and the range and experience of members; and the need for the membership of the tribunal to reflect the social and cultural diversity of the general community. (sec.707-ssec.6) Also, in recommending a person for appointment as a member, if the Minister is not responsible for administering the Forensic Disability Act , the Minister must consult with the Minister responsible for administering that Act. (sec.707-ssec.7) Members are appointed under this Act and not under the Public Sector Act 2022 .