64Constitution of Tribunal

64 Constitution of Tribunal

[Section 64 Substituted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The President may determine, in relation to a particular matter or matters, or particular classes of matters, which member or members of the Tribunal will constitute the Tribunal.

(2)  The Tribunal is not to be constituted by more than 5 members.

(3)  A person is not to be a sitting member of the Tribunal, or perform any function as a member of the Tribunal, in relation to a matter in the review jurisdiction of the Tribunal if the person was –

(a) the decision-maker in relation to that matter; or

(b) a member of a body that was the decision-maker in relation to that matter.

(4)  The Tribunal may be constituted by –

(a) a registrar for the purpose of adjourning proceedings; or

(b) a registrar, or other member of the staff of the Tribunal, for any other purpose that is –

(i) specified by this Act or a relevant Act; or

(ii) prescribed by the Tribunal rules; or

(iii) determined by the President –

to be a purpose for which the Tribunal may be constituted by a registrar, or such other member of the staff of the Tribunal, respectively.

(5)  If a registrar or other member of the staff of the Tribunal exercises the jurisdiction of the Tribunal, the registrar or other member of the staff may, and must if the Tribunal or the President so directs, refer the matter to the Tribunal for determination by the Tribunal.

(6)  Except as constituted by a registrar, or other member of the staff of the Tribunal, in accordance with subsection (4) , the Tribunal is to be constituted in relation to proceedings in accordance with the requirements of an applicable Division Schedule in relation to such proceedings.