Part 2(1) The Tribunal consists of the following members:(a) a President,(b) Deputy Presidents,(c) non-presidential judicial members,(d) non-judicial members.(2) The President and the Deputy Presidents of the Tribunal are referred to in this Act as presidential judicial members.
13 Appointment of members of Tribunal
(1) Any presidential judicial member is to be appointed by the Governor by commission under the public seal of the State.(2) Any non-presidential judicial member or a non-judicial member is to be appointed by the Minister.(3) The instrument of appointment is to specify whether a member has been appointed as:(a) the President, or(b) a Deputy President, or(c) a non-presidential judicial member, or(d) a non-judicial member.(4) A member may be appointed on a full-time basis or a part-time basis. However, the President is taken to be appointed on a full-time basis.
14 Judicial officers acting as members of Tribunal
(1) Classes of judicial officers who may act as members may be prescribed
Any judicial officer who belongs to a class of judicial officer prescribed by the regulations for the purposes of this section is taken to have been duly appointed to act as a member of the Tribunal in relation to such matters within the jurisdiction of the Tribunal as are prescribed by the regulations.(2) President may appoint judicial officer to act as member
The President may appoint any judicial officer to act as a member of the Tribunal in relation to particular proceedings before the Tribunal if:(a) the President is satisfied that the co-option of the judicial officer to act as a member is necessary to enable the Tribunal to exercise its functions effectively in the proceedings, and(b) the relevant chief judicial officer agrees to the judicial officer’s appointment.(3) Effect of appointment
Any person who is appointed to act as a member by or under this section:(a) holds office as a Deputy President or a non-presidential judicial member as specified in the regulations (in the case of an appointment under subsection (1)) or the instrument of appointment (in the case of an appointment under subsection (2)), and(b) has and may exercise all the functions of a member while acting as a member, and(c) may continue to exercise his or her functions as a holder of a judicial office.(4) Former acting member may complete determination of proceeding
A judicial officer who has acted as a member may attend the sittings of the Tribunal for the purpose of giving reasons for a decision in, or otherwise completing, any proceedings that have been heard by the Tribunal (or were otherwise the subject of deliberations by the Tribunal) while the officer acted as a member, even if the person has ceased to act as a member.(5) Definition
In this section:judicial officer includes a retired judicial officer.
relevant chief judicial officer means:
(a) in relation to the appointment of a Magistrate to act as a member—the Chief Magistrate of the Local Court, or(b) in relation to the appointment of a Judge of the District Court to act as a member—the Chief Judge of the Court, or(c) in relation to the appointment of a Judicial Member of the Industrial Relations Commission to act as a member—the President of the Commission, or(d) in relation to the appointment of a Judge of the Land and Environment Court to act as a member—the Chief Judge of the Court, or(e) in relation to the appointment of a Judge of the Supreme Court to act as a member—the Chief Justice of the Court.
14A Certain members of state tribunals acting as members of Tribunal
(1) A state tribunal member is taken to have been duly appointed to act as a member of the Tribunal in relation to such matters within the jurisdiction of the Tribunal as are prescribed by the regulations for that class of state tribunal member.(2) Any person who is appointed to act as a member by or under this section:(a) holds office as a member of a class (whether judicial or non-judicial) specified in the regulations, and(b) has and may exercise all the functions of a member while acting as a member, and(c) may continue to exercise his or her functions as a holder of office as a member of another state tribunal.(3) A state tribunal member who has acted as a member of the Tribunal may attend the sittings of the Tribunal for the purpose of giving reasons for a decision in, or otherwise completing, any proceedings that have been heard by the Tribunal (or were otherwise the subject of deliberations by the Tribunal) while the officer acted as a member, even if the person has ceased to act as a member.(4) In this section:state tribunal member means a member of any tribunal (other than the Tribunal) established by an Act of the Parliament of New South Wales.
15 Appointment of acting members for a period
(1) The Governor may appoint, by commission under the public seal of the State, as an Acting Deputy President a person qualified for appointment as a Deputy President if satisfied that the appointment is necessary to enable the Tribunal to exercise its functions effectively during the period of the appointment.(2) The Minister may appoint as an acting non-presidential judicial member or an acting non-judicial member a person qualified for appointment as a non-presidential judicial member or non-judicial member if satisfied that the appointment is necessary to enable the Tribunal to exercise its functions effectively during the period of the appointment.(3) The person’s appointment is for the period (not exceeding 12 months) specified in the instrument of appointment.(4) An Acting Deputy President, acting non-presidential judicial member or acting non-judicial member has the functions of, and is taken to be, a Deputy President, non-presidential judicial member or non-judicial member (as the case requires) subject to any conditions or limitations specified in the instrument of appointment.
(1) The President or a Deputy President may be appointed by the Governor as the Divisional Head of one or more Divisions of the Tribunal:(a) in the instrument of appointment of the President or Deputy President, or(b) by subsequent instrument.(2) A Divisional Head ceases to hold office as a Divisional Head if he or she:(a) is removed from office as a Divisional Head by the Governor, or(b) resigns the office by instrument in writing addressed to the Minister, or(c) ceases to hold office as the President or a Deputy President.(3) However, a person does not cease to hold office as the President or a Deputy President simply because the person has been removed, or has resigned, from office as a Divisional Head under subsection (2).(4) The appointment of the President or a Deputy President as a Divisional Head is to be made in accordance with any applicable provisions of Schedule 2.
17 Qualifications for membership
(1) The President
A person is eligible to be appointed as the President only if the person is a Judge of the District Court.(2) Deputy Presidents and non-presidential judicial members
A person is eligible to be appointed as a Deputy President or as a non-presidential judicial member only if the person is:(a) a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or(b) an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 7 years standing.(3) Non-judicial members
A person is eligible to be appointed as a non-judicial member only if the person has, in the opinion of the Minister, special knowledge or skill in relation to any class of matters in respect of which the Tribunal has jurisdiction.(4) (Repealed)
18 Other provisions relating to members of Tribunal
Schedule 3 has effect with respect to the members of the Tribunal.