44Appointment of senior members and ordinary members

44 Appointment of senior members and ordinary members

(1)  The Governor may appoint a person as –

(a) a senior member of the Tribunal; or

(b) an ordinary member of the Tribunal.

(2)  The Governor may only appoint a person as a senior member of the Tribunal, or an ordinary member of the Tribunal, if the person –

(a) is an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner; or

(b) has, in the Governor’s opinion, extensive knowledge, expertise or experience relating to a type of matter in relation to which functions or powers may be performed or exercised by the Tribunal and, where the Governor thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter.

(3)  The members are to be appointed under subsection (1) having regard to –

(a) any selection criteria applying under section 43(a) ; and

(b) any advice provided under section 43(b) ; and

(c) the range of knowledge, expertise and experience required within the membership of the Tribunal.

(4)  The Minister must consult with the President before a person is appointed under subsection (1) .

(5)  The appointment of a senior member or ordinary member under subsection (1) is to be –

(a) [Section 44 Subsection (5) amended by No. 7 of 2025, s. 239, Applied:01 Jul 2025] specified in the instrument of appointment to be for a term not exceeding 5 years; and

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

(i) on a full-time basis; or

(ii) on a part-time basis; or