PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 3
-
Alternative dispute resolution processes
History
Div 3 heading inserted by No 38 of 2005. No 38 of 2005, Sch 1
[
117], provides:
Transitional
-
Division 3 of Part IV of the
Administrative Appeals Tribunal Act 1975
117(1)
This item applies to a conference or mediation if:
(a)
the conference or mediation had begun, before the commencement of this item, under section 34 or 34A of the
Administrative Appeals Tribunal Act 1975
; and
(b)
the conference or mediation had not been completed before the commencement of this item.
117(2)
The
Administrative Appeals Tribunal Act 1975
has effect, after the commencement of this item, as if:
(a)
the conference or mediation were a conference or mediation under Division 3 of Part IV of that Act; and
(b)
in the case of a conference
-
the person presiding at the conference had been directed under subsection 34C(1) of that Act to conduct the conference; and
(c)
in the case of a mediation
-
the mediator had been directed under subsection 34C(1) of that Act to conduct the mediation;
and the conference or mediation is to be continued accordingly.
For further transitional provisions see note under s
2A
.
SECTION 34F
34F
ELIGIBILITY OF PERSON CONDUCTING ALTERNATIVE DISPUTE RESOLUTION PROCESS TO SIT AS A MEMBER OF THE TRIBUNAL
If:
(a)
an alternative dispute resolution process under this Division in relation to a proceeding is conducted by a member of the Tribunal; and
(b)
a party to the proceeding notifies the Tribunal before the hearing that he or she objects to that member participating in the hearing;
that member is not entitled to be a member of the Tribunal as constituted for the purposes of the proceeding.
History
S 34F inserted by No 38 of 2005. For transitional provisions see note under s
2A
.