Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 4   Constitution of Tribunal for a proceeding

Subdivision D   Reconstitution

44   Reconstitution - after hearing starts if member unavailable etc.

President may reconstitute Tribunal

 

(1) At any time after the start of the hearing of a proceeding in the Tribunal, the President may reconstitute the Tribunal if:

(a) the member, or one of the members, who constitutes the Tribunal for the purposes of the proceeding:

(i) stops being a member; or

(ii) is for any reason unavailable; or

(iii) is directed by the President not to take part in the proceeding; or

(b) the President considers that reconstituting the Tribunal is in the interests of achieving the quick and efficient conduct of the proceeding.

      

(2) However, the President must not reconstitute the Tribunal under this section unless the President:

(a) considers that it is in the interests of justice to do so; and

(b) consults each member who would cease to be a member of the Tribunal as constituted for the purposes of the proceeding if it is reasonably practicable to do so.

President may direct member not to take part

      

(3) The President may direct that a member not take part in a proceeding in the Tribunal if:

(a) the President considers that it is in the interests of justice to do so; and

(b) the President has consulted the member if it is reasonably practicable to do so.