Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

26   Sections 11 to 14

Repeal the sections, substitute:

11 Outside employment

(1) A full-time member must not engage in paid employment outside the duties of his or her office without the President's approval.

(2) A part-time member must not engage in any paid employment that, in the President's opinion, conflicts or may conflict with the proper performance of his or her duties.

(3) This section does not apply in relation to the holding by a member of an office or appointment in the Defence Force.

12 Leave of absence

(1) A full-time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The President may grant a full-time member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

(3) The President may grant leave of absence to a part-time member on the terms and conditions that the President determines.

13 Termination of appointment (not Judges)

(1) The Governor-General may terminate the appointment of a member if an address praying for the termination, on one of the following grounds, is presented to the Governor-General by each House of the Parliament in the same session:

(a) proved misbehaviour;

(b) the member is unable to perform the duties of his or her office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of a member if:

(a) the member:

(i) becomes bankrupt; or

(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or

(iii) compounds with one or more of his or her creditors; or

(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

(b) the member is a full-time member and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the member is a part-time member and is unavailable, except on leave of absence, to perform the duties of his or her office for more than 3 months; or

(d) the member contravenes section 11 (outside employment); or

(e) the member fails, without reasonable excuse, to comply with section 14 (disclosure of interests).

(3) The Governor-General may terminate the appointment of a member assigned to the Migration and Refugee Division if the member has a direct or indirect pecuniary interest in an immigration advisory service.

(4) The appointment of a member may not be terminated other than in accordance with this section.

(5) This section does not apply in relation to a member who is a Judge.

14 Disclosure of interests by members

(1) If a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the member:

(a) must disclose the matters giving rise to that conflict:

(i) to the parties; and

(ii) to the President (or, if the member is the President, the Minister); and

(b) must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties and the President (or, if the member is the President, the Minister) consent.

(2) For the purposes of this section, a member has a conflict of interest in relation to a proceeding before the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to the proceeding.

(3) If the President becomes aware that a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the President:

(a) may, if the President considers it appropriate, direct the member not to take part in the proceeding; and

(b) if the President does not give such a direction - must ensure that the member discloses the matters giving rise to the conflict to the parties.