39Supplementary Deputy Presidents

39 Supplementary Deputy Presidents

(1)  The Minister, on the request of the President, may appoint a person as a supplementary Deputy President of the Tribunal.

(2)  The Minister may appoint a person under subsection (1)  –

(a) even though there is no vacancy in an office of Deputy President; and

(b) whether or not there is more than one Deputy President; and

(c) even though a person is acting under section 35 as a Deputy President.

(3)  The Minister may only appoint a person under subsection (1) as a supplementary Deputy President if the person is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner.

(4)  An appointment under subsection (1) must be in writing.

(5)  The appointment of a person as a supplementary Deputy President –

(a) is to be specified in the instrument of appointment to be –

(i) an appointment for a term, of not more than 2 years, specified in the instrument of appointment; or

(ii) an appointment in relation to a particular proceeding or particular proceedings; and

(b) is to be specified in the instrument of appointment to be –

(i) on a full-time basis; or

(ii) on a part-time basis; or

(iii) on a sessional basis.

(6)  A person appointed as a supplementary Deputy President –

(a) may act as a Deputy President in relation to the proceedings, or for the term, for which he or she is appointed; and

(b) when acting under the appointment, is to be taken to be a Deputy President for the purposes of this Act (other than the provisions of Subdivision 1, apart from section 28 ) and any relevant Act.