39AProcedure for appointment of person as member of Arbitration Panel

39A Procedure for appointment of person as member of Arbitration Panel

39A Procedure for appointment of person as member of Arbitration Panel

For the purposes of section 139 (2) of the Act, the Minister must, before appointing a person as a member of the Arbitration Panel—

(a) publish a notice inviting applications for appointment to the Arbitration Panel in at least 1 newspaper circulating generally in Australia, and

(b) give notice to at least 1 independent arbitration body recognised in New South Wales, inviting applications for appointment as a member of the Arbitration Panel, and

(c) establish an Assessment Panel, comprising the following 3 members—

(i) 1 person who is an Australian legal practitioner of at least 7 years’ standing who has, in the opinion of the Minister, extensive arbitration experience,

(ii) 1 person nominated by the Minister for Primary Industries,

(iii) 1 person nominated by the Minister, and

(d) direct the Assessment Panel to—

(i) evaluate applications for appointment to the Arbitration Panel, having regard to the eligibility criteria specified in clause 39B, and

(ii) make recommendations for appointment to the Minister, and

(e) have regard to any recommendations made by the Assessment Panel, and

(f) consult with the Minister for Aboriginal Affairs and the Minister for Primary Industries on any proposed appointee.

cl 39A: Ins 2016 (719), Sch 2 [2].