22Constitution of Tribunal for proceeding

22 Constitution of Tribunal for proceeding (1) When a proceeding is commenced, the President must nominate not more than 3 members to constitute the Tribunal for the (1A) Despite subsection (1), the President may nominate more than 3 members to constitute the Tribunal if: (a) the proceeding is in relation to a matter within the Tribunal's review jurisdiction; and (b) the reviewable decision was made by a body comprised of 3 or more persons; and (c) the President is satisfied that it is appropriate to do so in the particular circumstances of the proceeding. (1B) To avoid doubt, the number of members nominated by the President to constitute the Tribunal under subsection (1A) is not required to be the same as the number of persons who comprised the body that made the reviewable decision. (2) Of the persons nominated under subsection (1) or (1A), a person cannot be nominated to constitute, or be one of the persons constituting, the Tribunal in relation to a matter in the review jurisdiction of the Tribunal if the member was: (a) the decision maker in relation to that matter; or (b) a member of a body that was the decision maker in relation to that matter. (2A) A person cannot be nominated under subsection (1) to constitute, or be one of the persons constituting, the Tribunal for a proceeding in the internal review jurisdiction of the Tribunal if the person was the member, or was one of the members, who constituted the Tribunal for the original proceeding to which the internal review relates. (3) Subject to subsection (3A), the President may provide for the Registrar to constitute the Tribunal for a proceeding in respect of a matter or class of matters, as specified by the rules. Northern Territory Civil and Administrative Tribunal Act 2014 10 (3A) The Registrar may not constitute the Tribunal for a proceeding in respect of a matter in the internal review jurisdiction of the Tribunal. (4) If the Tribunal is constituted by the Registrar for a proceeding, the Registrar may refer the matter to the Tribunal differently constituted for determination by the Tribunal on the Registrar's own initiative or on the President's direction.