Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (38 of 2010)

Schedule 3   Social Security Appeals Tribunal

Part 1   Main amendments

Social Security (Administration) Act 1999

14   Subclause 12(1) of Schedule 3

Repeal the subclause, substitute:

(1) This clause applies if:

(a) the hearing of a review of a decision has been commenced or completed by the SSAT; and

(b) before the matter to which the proceeding relates has been determined, a member (the unavailable member ) who constitutes, or is one of the members who constitute, the SSAT for the purposes of the review has:

(i) ceased to be a member; or

(ii) ceased to be available for the purposes of the review.

Single member Tribunal

(1A) If the unavailable member constituted the SSAT for the purposes of the review, the Principal Member must:

(a) give a direction under clause 10 reconstituting the SSAT for the purposes of the review; and

(b) either:

(i) direct that the hearing and determination, or the determination, of the review must be completed by the SSAT as so reconstituted; or

(ii) direct that the review must be reheard by the SSAT as so reconstituted.

Multiple member Tribunal

(1B) If the unavailable member was one of the members who constituted the SSAT for the purposes of the review:

(a) if the Principal Member does not give a direction under clause 10 reconstituting the SSAT for the purposes of the review - the hearing and determination, or the determination, of the review must be completed by the SSAT constituted by the remaining member or members; or

(b) if the Principal Member does give a direction under clause 10 reconstituting the SSAT for the purposes of the review - the review must be reheard by the SSAT as so reconstituted.

Note: The following heading to subclause 12(2) of Schedule 3 is inserted “Rehearing of review”.