2AConstitution of Tribunal

2A Constitution of Tribunal

The Tribunal is to be constituted for the purposes of a proceeding under Part 8 of the Aboriginal Heritage Act 2006 by—

(a) one member who has sound knowledge of, and experience in, Aboriginal cultural heritage; or

(b) if it is constituted by 2 members, at least one member who has sound knowledge of, and experience in, Aboriginal cultural heritage; or

(c) if it is constituted by 3, 4 or 5 members, at least 2 members who have sound knowledge of, and experience in, Aboriginal cultural heritage.

Part 2—Accident Compensation Act 1985

3 Privilege

Section 129I(5) of the Accident Compensation Act 1985 prevails over section 106(1) of this Act to the extent of any inconsistency between them.

4 Powers of Tribunal on review of assessment or amendment of contributions

Section 51(2)(d) does not apply in a proceeding for review of an assessment or amendment under section 129G of the Accident Compensation Act 1985.

Sch. 1 Pt 2AA (Heading and cls 4AA–4AAG) inserted by No. 49/2024 s. 24.

Part 2AA—Aged Care Restrictive Practices Substitute Decision‑maker Act 2024

Sch. 1 cl. 4AA inserted by No. 49/2024 s. 24.

4AA Definition

care recipient has the same meaning as in the Aged Care Quality and Safety Commission Act 2018 of the Commonwealth.

Sch. 1 cl. 4AAB inserted by No. 49/2024 s. 24.

4AAB Public Advocate may intervene or be joined

In a proceeding under the Aged Care Restrictive Practices Substitute Decision‑maker Act 2024, the Public Advocate—

(b) is entitled to be joined as a party.

Sch. 1 cl. 4AAC inserted by No. 49/2024 s. 24.

4AAC Representation

In a proceeding under the Aged Care Restrictive Practices Substitute Decision‑maker Act 2024, the care recipient to whom the proceeding relates may be represented by a professional advocate.

Sch. 1 cl. 4AAD inserted by No. 49/2024 s. 24.

4AAD Constitution of Tribunal for rehearing

The Tribunal is to be constituted for the purposes of a rehearing under Part 6 of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024 by—

(a) a senior member or presidential member, if the order at first instance was made by an ordinary member; or