QLDIn ForceAct
Planning Act 2016
sec.233Appointment of referees
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### sec.233 Appointment of referees
The Minister, or chief executive, (the appointer ) may appoint a person to be a referee, by an appointment notice, if the appointer considers the person—
has the qualifications or experience prescribed by regulation; and
has demonstrated an ability—
to negotiate and mediate outcomes between parties to a proceeding; and
to apply the principles of natural justice; and
to analyse complex technical issues; and
to communicate effectively, including, for example, to write informed succinct and well-organised decisions, reports, submissions or other documents.
The appointer may—
appoint a referee for the term, of not more than 3 years, stated in the appointment notice; and
reappoint a referee, by notice, for further terms of not more than 3 years.
If an appointer appoints a public service officer as a referee, the officer holds the appointment concurrently with any other appointment that the officer holds in the public service.
A referee must not sit on a tribunal unless the referee has given a declaration, in the approved form and signed by the referee, to the chief executive.
The appointer may cancel a referee’s appointment at any time by giving a notice, signed by the appointer, to the referee.
A referee may resign the referee’s appointment at any time by giving a notice, signed by the referee, to the appointer.
In this section—
appointment notice means—
if the Minister gives the notice—a gazette notice; or
if the chief executive gives the notice—a notice given to the person appointed as a referee.
(sec.233-ssec.1) The Minister, or chief executive, (the appointer ) may appoint a person to be a referee, by an appointment notice, if the appointer considers the person— has the qualifications or experience prescribed by regulation; and has demonstrated an ability— to negotiate and mediate outcomes between parties to a proceeding; and to apply the principles of natural justice; and to analyse complex technical issues; and to communicate effectively, including, for example, to write informed succinct and well-organised decisions, reports, submissions or other documents.
(sec.233-ssec.2) The appointer may— appoint a referee for the term, of not more than 3 years, stated in the appointment notice; and reappoint a referee, by notice, for further terms of not more than 3 years.
(sec.233-ssec.3) If an appointer appoints a public service officer as a referee, the officer holds the appointment concurrently with any other appointment that the officer holds in the public service.
(sec.233-ssec.4) A referee must not sit on a tribunal unless the referee has given a declaration, in the approved form and signed by the referee, to the chief executive.
(sec.233-ssec.5) The appointer may cancel a referee’s appointment at any time by giving a notice, signed by the appointer, to the referee.
(sec.233-ssec.6) A referee may resign the referee’s appointment at any time by giving a notice, signed by the referee, to the appointer.
(sec.233-ssec.7) In this section— appointment notice means— if the Minister gives the notice—a gazette notice; or if the chief executive gives the notice—a notice given to the person appointed as a referee.
- (a) has the qualifications or experience prescribed by regulation; and
- (b) has demonstrated an ability— (i) to negotiate and mediate outcomes between parties to a proceeding; and (ii) to apply the principles of natural justice; and (iii) to analyse complex technical issues; and (iv) to communicate effectively, including, for example, to write informed succinct and well-organised decisions, reports, submissions or other documents.
- (i) to negotiate and mediate outcomes between parties to a proceeding; and
- (ii) to apply the principles of natural justice; and
- (iii) to analyse complex technical issues; and
- (iv) to communicate effectively, including, for example, to write informed succinct and well-organised decisions, reports, submissions or other documents.
- (i) to negotiate and mediate outcomes between parties to a proceeding; and
- (ii) to apply the principles of natural justice; and
- (iii) to analyse complex technical issues; and
- (iv) to communicate effectively, including, for example, to write informed succinct and well-organised decisions, reports, submissions or other documents.
- (a) appoint a referee for the term, of not more than 3 years, stated in the appointment notice; and
- (b) reappoint a referee, by notice, for further terms of not more than 3 years.
- (a) if the Minister gives the notice—a gazette notice; or
- (b) if the chief executive gives the notice—a notice given to the person appointed as a referee.