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 (b) a presidential member, if the order at first instance was made by a senior member; or (c) a judicial member, if the order at first instance was made by a Deputy President; or (d) a Vice President, if the order at first instance was made by more than one member (except where one or more of the members was a Vice President); or (e) the President, if the order at first instance was made by a Vice President (whether with or without other members). Sch. 1 cl. 4AAE inserted by No. 49/2024 s. 24. 4AAE Referral to administrators for report (1) The Tribunal may refer any matter relating to a proceeding under the **Aged Care Restrictive Practices Substitute Decision‑maker Act 2024** to a government department, public authority, service provider, approved provider or the Public Advocate for investigation and report. (2) A person or body to whom a matter is referred under this clause must investigate and report to the Tribunal on that matter. (3) The Tribunal must not determine a question referred to a person or body under this clause unless the Tribunal has received and considered the report of the person or body. Sch. 1 cl. 4AAF inserted by No. 49/2024 s. 24. 4AAF Notice (1) The principal registrar of VCAT must give notice of an application under section 10, 11 or 12 of the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**, the hearing of that application and any order made by VCAT in respect of the application to any person who VCAT considers has a special interest in the affairs of the care recipient to whom the application relates, including (if applicable) the Public Advocate. (2) A hearing or order of the Tribunal in a proceeding under the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024** is not invalidated or affected only because of a failure to give notice— (a) to the care recipient in respect of whom an application has been made, if the Tribunal— (i) has dispensed with the requirement for notice to be given to the care recipient; and Sch. 1 cl. 4AAG inserted by No. 49/2024 s. 24. 4AAG Confidentiality of proceedings (1) Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding under the **Aged Care Restrictive Practices Substitute Decision‑maker Act 2024** that identifies, or could reasonably lead to the identification of, a party to the proceeding. (2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so. (3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding. Sch. 1 Pt 2A (Heading and cls 4A, 4B) inserted by No. 76/2008 s. 159.