68Regulator to convene Panels

68 Regulator to convene Panels

(1) If the Regulator refers a matter for determination by a Panel under section 55(4)(b) or 63(b), the Regulator must—

(a) as soon as practicable, convene a Panel to determine whether the relevant WCES worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and

(b) appoint a Panel candidate with legal qualifications and experience as the Chairperson of the Panel; and

(c) appoint at least 2 further Panel candidates as Panel members.

(2) The Regulator may appoint a Panel member to be acting Chairperson of the Panel.

(3) The acting Chairperson of the Panel must act as Chairperson—

(a) during any period when the office of the Chairperson is vacant; or

(b) during any period when the Chairperson is absent; or

(c) if the Chairperson is unable, for any other reason—

(i) to attend hearings of the Panel; or

(ii) to perform the duties of the Chairperson.

(4) A decision of a Panel must be reached by—

(a) a majority of votes of the Panel's members; or

(b) if there is no majority under paragraph (a) because the Panel has an even number of members, a casting vote of the Panel's Chairperson.

(5) If, after a Panel is convened under subsection (1), a Panel member is unable to attend hearings of the Panel, the functions of the Panel under this Division are to be carried out by the remaining members of the Panel.

(6) The Regulator must provide any administrative assistance reasonably required by a Panel.

(7) A Panel member—

(a) is entitled to the remuneration and allowances determined from time to time by Order of the Governor in Council on the recommendation of the Minister; and

(b) may at any time resign from the Panel by writing to the Minister.