Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 2 - ESTABLISHMENT AND CONSTITUTION OF THE SUPERANNUATION COMPLAINTS TRIBUNAL  

SECTION 9   CONSTITUTION OF TRIBUNAL  

9(1)   [ Constitution for exercise of powers]  

Subject to section 10 , for the purposes of the performance or exercise of its functions or powers under this Act in relation to a particular complaint, the Tribunal is to be constituted by one or more, but not more than 3, Tribunal members selected by the Tribunal Chairperson.

9(1A)   [ Grounds for reconstitution]  

After the Tribunal has been constituted for the purpose of dealing with a particular complaint and before it has made a determination in respect of the complaint, the Tribunal may be reconstituted under subsection (1) if the Tribunal Chairperson considers that the reconstitution of the Tribunal is desirable:

(a) to remove any perception of bias; or

(b) to ensure the timely performance or exercise of the Tribunal's functions or powers under this Act.

9(2)   [ Selection of members]  

In selecting the Tribunal member or Tribunal members to constitute the Tribunal for the purposes of a particular complaint, the Tribunal Chairperson is to take into account their qualifications, experience and suitability having regard to the nature of that complaint.

9(2A)   [ Guidelines for constitution of Tribunal]  

The Tribunal Chairperson:

(a) is to formulate written guidelines setting out how the Tribunal will usually be constituted for the purposes of dealing with different classes of complaints; and

(b) is to make the guidelines available to the public.

9(2B)   [ Conduct of meetings where more than one member]  

Subsections (3) to (5) apply where the Tribunal is constituted for the purposes of the performance or exercise of its functions or powers under this Act in relation to a particular complaint by more than one member.

9(3)   [ Chairperson to preside]  

The Tribunal Chairperson is to preside at all meetings of the members constituting the Tribunal at which the Chairperson is present.

9(3A)   [ Deputy Chairperson to preside]  

The Tribunal Deputy Chairperson is to preside at all meetings of the members constituting the Tribunal at which the Tribunal Deputy Chairperson, but not the Tribunal Chairperson, is present.

9(3B)   [ Selected member to preside]  

If neither the Chairperson nor the Deputy Chairperson is present at a particular meeting, the Tribunal member selected by the Chairperson is to preside at that meeting.

9(4)   [ Conduct of meeting]  

The conduct of a meeting referred to in subsection (3), (3A) or (3B) is to be determined by the person presiding in accordance with procedural rules established by the Tribunal Chairperson.

9(5)   [ Majority decision]  

If the members constituting the Tribunal disagree on a determination to be made by the Tribunal, a decision of the majority is taken to be a decision of all of them.