100   Chairperson and Deputy Chairpersons of the Tribunal

(1)  The Governor may appoint an Australian lawyer of at least 7 years’ standing as Chairperson of the Tribunal and may appoint one or more Australian lawyers of at least 7 years’ standing as Deputy Chairpersons of the Tribunal.

(2)  The Chairperson and each Deputy Chairperson hold office for such period not exceeding 7 years as may be specified in the instrument of appointment as Chairperson or Deputy Chairperson, but are eligible (if otherwise qualified) for re-appointment.

(3)  A Deputy Chairperson can be appointed by the Governor for the purpose of conducting or hearing a particular inquiry or appeal, as described in the instrument of appointment of the Deputy Chairperson.

(4)  A Deputy Chairperson, while sitting on the Tribunal, has and may exercise all the functions conferred or imposed on the Chairperson by this Act (other than those conferred by section 101 (2)).

(4A)  If the period of a person’s appointment as Chairperson or a Deputy Chairperson expires while the person is sitting on the Tribunal for the purposes of an inquiry or an appeal, the person may, despite that expiry, continue to sit on the Tribunal for the purpose of that inquiry or appeal (the continuing inquiry or appeal).

(4B)  For the purposes of the conduct or hearing of the continuing inquiry or appeal (and any provision of this Act or the regulations with respect to such an inquiry or an appeal), the person referred to in subsection (4A):

(a)  is taken to be a Deputy Chairperson, and

(b)  has and may exercise only the functions conferred or imposed on a Deputy Chairperson under this Act, and

(c)  may exercise those functions only in respect of the continuing inquiry or appeal.

(5)  The Chairperson or a Deputy Chairperson sitting on the Tribunal is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of each of them.

(6)  The Governor may appoint a Deputy Chairperson to act in the office of Chairperson during the illness or absence of the Chairperson and the Deputy Chairperson, while so acting, has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.

(7)  Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of the Chairperson or a Deputy Chairperson.