sec.167Choosing persons

sec.167 Choosing persons

In choosing the persons who are to constitute the tribunal for a particular matter, or the number of persons who are to constitute the tribunal, the president must consider the following— the nature, importance and complexity of the matter; the need for the tribunal hearing the matter to have special knowledge, expertise or experience relating to the matter; any provision of this Act, an enabling Act or the rules that may be relevant; any other matter the president considers relevant. See sections 171 (8) and 192 (6) for arrangements providing for limitations on magistrates who are ordinary members, and supplementary members, performing their functions as members. Under section 195 , an adjudicator can hear and decide only particular matters. A judicial registrar who is an adjudicator under section 198A can hear and decide only minor civil disputes. However, the president must not choose a person to constitute the tribunal for a review of a reviewable decision if the person— is an employee or officer of the entity in which the reviewable decision was made; or was, when the reviewable decision was made, an employee or officer of the entity in which the reviewable decision was made. Also, the president must not choose a person to constitute the tribunal for an appeal against a decision of the tribunal if the person constituted the tribunal that made the decision appealed against. Further, if an enabling Act that is an Act provides that the tribunal is to be constituted for a particular matter in a particular way, the president must ensure the tribunal is constituted in that way. s 167 amd 2009 No. 48 s 75 (sec.167-ssec.1) In choosing the persons who are to constitute the tribunal for a particular matter, or the number of persons who are to constitute the tribunal, the president must consider the following— the nature, importance and complexity of the matter; the need for the tribunal hearing the matter to have special knowledge, expertise or experience relating to the matter; any provision of this Act, an enabling Act or the rules that may be relevant; any other matter the president considers relevant. See sections 171 (8) and 192 (6) for arrangements providing for limitations on magistrates who are ordinary members, and supplementary members, performing their functions as members. Under section 195 , an adjudicator can hear and decide only particular matters. A judicial registrar who is an adjudicator under section 198A can hear and decide only minor civil disputes. (sec.167-ssec.2) However, the president must not choose a person to constitute the tribunal for a review of a reviewable decision if the person— is an employee or officer of the entity in which the reviewable decision was made; or was, when the reviewable decision was made, an employee or officer of the entity in which the reviewable decision was made. (sec.167-ssec.3) Also, the president must not choose a person to constitute the tribunal for an appeal against a decision of the tribunal if the person constituted the tribunal that made the decision appealed against. (sec.167-ssec.4) Further, if an enabling Act that is an Act provides that the tribunal is to be constituted for a particular matter in a particular way, the president must ensure the tribunal is constituted in that way.