Part 2 Establishment of Tribunal
Division 1 Establishment and functions
(1) A Residential Tribunal of New South Wales is established by this Act.(2) The Tribunal has and may exercise such functions as are conferred or imposed on it by or under this or any other Act or law.Note. The following Acts confer jurisdiction on the Tribunal:
The Tribunal consists of the following members:(a) a Chairperson,(b) a Deputy Chairperson or Deputy Chairpersons,(c) senior members,(d) other members.
Division 2 Membership of Tribunal
8 Appointment of members of Tribunal
(1) The members of the Tribunal are to be appointed by the Governor.(2) A member of the Tribunal may be appointed on a full-time basis or a part-time basis.
9 Qualifications and terms of office of members
(1) A person is eligible to be appointed as the Chairperson or a Deputy Chairperson only if the person is qualified to be a Magistrate.(2) A person is eligible to be appointed as a senior member only if the person is a legal practitioner, or is qualified to be admitted as a legal practitioner, in New South Wales.(3) A person is eligible to be appointed as a member of the Tribunal (other than the Chairperson, a Deputy Chairperson or a senior member) only if the person has the qualifications or skills determined by the Minister.(4) Schedule 1 has effect with respect to the members of the Tribunal.
(1) The Chairperson is the executive officer of the Tribunal and is responsible for the overall operation and administration of the Tribunal.(2) The Chairperson must:(a) monitor the operations of the Tribunal to ensure that those operations are just, economical, informal and as speedy as practicable, and(b) allocate the work of the Tribunal among the members (including the Chairperson) in accordance with directions under this section.(3) Without limiting the operation of subsection (1), the Chairperson may give directions as to:(a) the arrangement of the business of the Tribunal, and(b) the practice and procedure to be followed in, or for the purposes of, proceedings before the Tribunal, or in alternative dispute resolution procedures under this Act, and(c) the places at which the Tribunal may sit, and(d) the procedure of the Tribunal generally, and(e) the procedure of the Tribunal at a particular place, and(f) any matter in respect of which the Chairperson is authorised by or under this Act or any other law to give directions, and(g) subject to this Act, the regulations and any other law—any matter necessary or convenient to be determined by direction of the Chairperson for carrying out or giving effect to this Act.(4) Subject to the regulations, the functions of the Chairperson (other than a power of delegation under this section) may be delegated to any member of the Tribunal or to the Registrar or another staff member of the Tribunal.Note. Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.
11 Functions of Tribunal members
A member of the Tribunal has and may exercise the functions conferred or imposed on the member by or under this or any other Act or law.
(1) The Tribunal comprises such Divisions as the regulations may prescribe.(2) An Act or law conferring jurisdiction on the Tribunal may provide for that jurisdiction to be exercised in any specified Division of the Tribunal.(3) In case of any doubt, the proper Division for dealing with any matter may be determined by the Registrar.(4) Matters may be transferred between Divisions in accordance with directions of the Chairperson.
13 Constitution of Tribunal for particular proceedings
(1) For the purposes of any proceedings, the Tribunal may be constituted by one, two or three of its members.(2) The Chairperson may give directions as to which members are to constitute the Tribunal for the purposes of any particular proceedings or class of proceedings.(3) In giving a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings, the Chairperson is to have due regard to the degree of public importance or complexity of the matters to which the proceedings relate.(4) A direction under this section in respect of particular proceedings may be revoked, and another given in its place:(a) at any time after the giving of the direction and before the commencement of the hearing of the proceedings, or(b) if the member constituting the Tribunal (or, in the case of proceedings before the Tribunal where it is constituted by two or more members, one of those members) during the hearing of the proceedings, or after the completion of the hearing but before the matter to which the proceedings relate is determined:(i) ceases to be a member, or(ii) ceases to be available for the purposes of the proceedings,at any time after the member ceases to be a member or to be available.(5) The Tribunal, if reconstituted in accordance with subsection (4) (b), may, for the purposes of the proceedings, have regard to any record of the proceedings before the Tribunal as previously constituted, including a record of any evidence taken in the proceedings.
More than one sitting of the Tribunal, or of any Division of the Tribunal, may be held at the same time.
(1) As soon as practicable after 30 June (but on or before 31 December) in each year, the Chairperson must provide the Minister with a report on the operations of the Tribunal for the period ending on 30 June in that year.(2) The Minister is to lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after receiving the report.
(1) The Chairperson may appoint any person whose name is on the list compiled under Schedule 2 as an assessor for the purpose of particular proceedings before the Tribunal.(2) An assessor has the functions conferred or imposed on an assessor by or under this or any other Act or law.(3) Schedule 2 applies to and in respect of an assessor appointed under this section.
(1) If proceedings are pending in the Tribunal, the Tribunal or the Chairperson may, with the consent of the parties, direct that an inquiry into any issue raised in, or other matter connected with, the proceedings be made by a single assessor.(2) The assessor making such an inquiry is to make a report to the Tribunal.(3) If a report is made to the Tribunal under this section, the Registrar is to furnish a copy of the report to each of the parties as soon as is practicable.(4) The Tribunal may adopt any findings or observations set out in a report under this section.(5) An assessor, in making an inquiry under this section, has and may exercise such functions as the regulations may prescribe.(6) An assessor who has made an inquiry under this section in relation to any proceedings is disqualified from further participation in those proceedings unless the parties otherwise agree.
18 Assessors sitting with Tribunal
(1) If proceedings are pending in the Tribunal, the Tribunal may, in determining the proceedings or any part of the proceedings, be assisted by one or more assessors.(2) An assessor assisting the Tribunal under this section may assist and advise the Tribunal, but is not to adjudicate on any matter before the Tribunal.(3) The Tribunal may dispense with the services of an assessor at any stage of the proceedings.
Division 5 Registrar and staff
19 Appointment of Registrar and staff
(1) A Registrar of the Tribunal and such Deputy Registrars and other staff as may be necessary for the purposes of this Act may be employed under Part 2 of the Public Sector Management Act 1988.(2) The Tribunal may also employ staff. Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of staff appointed under this subsection.(3) The Chairperson may on behalf of the Tribunal enter into arrangements with any government agency, or other body or person (whether in the public or private sector) for the provision of assistance to the Tribunal in connection with the exercise of its functions.
20 Functions of Registrar and Deputy Registrars
(1) The Registrar has the following functions:(a) to assist the Chairperson in managing the affairs of the Tribunal,(b) such judicial, administrative or other functions as may be conferred or imposed on the Registrar by or under this or any other Act or law.(2) A Deputy Registrar may exercise the functions of the Registrar:(a) as directed by the Registrar, and(b) during the absence of, or a vacancy in the office of, the Registrar.(3) Anything done or omitted to be done by a Deputy Registrar in exercising a function of the Registrar has effect as if it had been done or omitted to be done by the Registrar.