48Supplementary members

48 Supplementary members

(1)  The Minister, at the request or with the agreement of the President, may appoint a person as a supplementary senior member, or a supplementary ordinary member, of the Tribunal.

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

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

(b) [Section 48 Subsection (2) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] has, in the Minister’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 Minister thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter; or

(c) [Section 48 Subsection (2) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] is to be designated under the Health Practitioners Tribunal Act 2010 as a professional member, or a community member, for the purposes of that Act.

(3)  [Section 48 Subsection (3) amended by No. 17 of 2021, s. 11, Applied:05 Nov 2021] In appointing a person under subsection (1) as a supplementary senior member or a supplementary ordinary member, the Minister must (except in relation to a person to whom subsection (2)(c) applies) have regard to –

(a) any selection criteria applying under section 43(a) , whether in relation to a supplementary senior member or a supplementary ordinary member, or both; 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)  An appointment under subsection (1) must be in writing.