Administrative Appeals Tribunal Act 1975 (Repealed)
PART II
-
ESTABLISHMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL
Division 2
-
Members of Tribunal
SECTION 14
DISCLOSURE OF INTERESTS BY MEMBERS
14(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:
(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.
14(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.
14(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.
View history note
Hide history noteIf 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.
14(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.
14(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.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.