Part 319 Tribunal to exercise functions in Divisions
(1) The Tribunal is to exercise its functions in the Divisions of the Tribunal specified in Schedule 1, except when the Tribunal is constituted by an Appeal Panel.Note. The Divisions of the Tribunal are presently as follows:Community Services Division
Equal Opportunity Division
General Division
Legal Services Division
Retail Leases Division
Revenue Division
(2) The regulations may amend Schedule 1:(a) by inserting the name of a Division of the Tribunal, or(b) by omitting, substituting or altering the name of any Division previously inserted by regulation.
20 Composition of Division and allocation of functions to Division
(1) Each Division of the Tribunal is to be composed of the members assigned to the Division by Schedule 2.(2) Each Division of the Tribunal is to exercise the functions of the Tribunal allocated to that Division by Schedule 2. Those functions do not include the functions of an Appeal Panel of the Tribunal.
21 Assignment of members to Divisions
(1) The President is assigned to each Division.(2) A Divisional Head is assigned to the Division in respect of which he or she is appointed as the Divisional Head.(3) Subject to this Act, the President:(a) is to assign each member (other than the President or a Divisional Head) to one or more Divisions, and(b) may assign a member who is a Divisional Head to one or more Divisions in respect of which the member is not the Divisional Head,and may vary any such assignment at any time.(4) An assignment of a member to a Division:(a) is to be made in accordance with any applicable provisions of Schedule 2 or of this or any other Act, and(b) is subject to any limitations specified in the member’s instrument of appointment.Note. Schedule 2, in some cases, provides for the assignment of members to particular Divisions by their instruments of appointment or a subsequent instrument. Schedule 5 appoints certain members of abolished bodies to the Tribunal and assigns them to Divisions of the Tribunal.
22 Constitution of the Tribunal for particular proceedings (including Appeal Panel for external appeals)
(1) In exercising any of its functions (other than the functions of an Appeal Panel), the Tribunal is to be constituted by one or more Division members of the Division to which the function concerned is allocated.(1A) In exercising its functions in relation to an external appeal (other than an external appeal referred to in subsection (1B)), the Tribunal is to be constituted by an Appeal Panel consisting of at least 3 members assigned by the President to the Panel for the purpose of the proceedings.(1B) In exercising its functions in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 50 of the NSW Trustee and Guardian Act 2009, the Tribunal is to be constituted by an Appeal Panel consisting of:(a) 1 presidential judicial member, and(b) 1 other judicial member, and(c) 1 non-judicial member, appointed on the recommendation of the Minister administering the Guardianship Act 1987, who has experience in dealing with persons who have a disability (as referred to in section 3 (2) of that Act).(2) The President, or relevant Divisional Head (subject to any direction of the President), may give directions as to the members who are to constitute the Tribunal for the purposes of any particular proceedings (including proceedings in relation to an external appeal).(3) In giving a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings, the President or relevant Divisional Head is to have regard to the following matters:(a) the degree of public importance or complexity of the subject-matter of the proceedings,(b) if the proceedings concern the review of a reviewable decision—the nature and status of the office of the administrator who made the reviewable decision,(b1) if the proceedings concern the hearing of an external appeal—the nature and status of the decision-maker who made the decision concerned,(c) the need for any of the members to have special knowledge or experience in the subject-matter of the proceedings,(d) such other matters as the President or the Divisional Head considers relevant.(3A) There may be more than one sitting of an Appeal Panel constituted under this section at the same time.(4) Except in relation to an external appeal referred to in subsection (1B), the provisions of this section are subject to any contrary provision in this or any other Act. In particular, the Tribunal is to be constituted subject to the provisions for the constitution of the Tribunal specified in Schedule 2 in relation to the classes of matters specified in that Schedule.(5) This section does not apply to the exercise of the functions of an Appeal Panel of the Tribunal in relation to an internal appeal.
23 Amendment of Schedule 2 (Composition and functions of Divisions)
(1) The regulations may amend Schedule 2 to make provision for:(a) the composition of a Division with respect to the members to be assigned to it, or(b) the allocation of any function of the Tribunal to a Division, or(c) the constitution of the Tribunal to exercise any of its functions.(2) However, any such regulation cannot be made in relation to any matter specified in Schedule 2 that was inserted by an Act (or was included in this Act when it was enacted) unless the matter relates to a function (or the exercise of a function) to which clause 2 (2) of Part 4 of Schedule 2 relates.Note. Clause 2 (2) of Part 4 of Schedule 2 provides that any function of the Tribunal that is not specifically allocated to a Division by that Schedule is allocated to the General Division of the Tribunal.
24 Appeal Panel of the Tribunal (internal appeals)
(1) In exercising its functions in relation to an internal appeal, the Tribunal is to be constituted by an Appeal Panel consisting of at least 3 members assigned by the President to the Panel for the purpose of the proceedings.(2) An Appeal Panel constituted under this section must include:(a) 1 presidential judicial member (whether or not the member is a Division member of the Division in which the decision under appeal was made), and(b) 1 other judicial member who need not be a Division member of the Division in which the decision under appeal was made unless the presidential judicial member is not such a Division member, and(c) 1 non-judicial member who is such a Division member.(3) There may be more than one sitting of an Appeal Panel constituted under this section at the same time.(4) This section is subject to any contrary provision in this or any other Act.
24A Constitution of Tribunal for exercise of interlocutory and ancillary functions
(1) In this section:ancillary function means any of the following:
(a) the making of an order or other decision by the Tribunal (including an Appeal Panel of the Tribunal) in relation to the awarding of costs in proceedings in the Tribunal,(b) the function of determining whether the Tribunal (including an Appeal Panel of the Tribunal) has jurisdiction to deal with a matter.interlocutory function means the making of any order or other decision by the Tribunal (including an Appeal Panel of the Tribunal) in proceedings in respect of any of the following:
(a) stays or adjournments,(b) prohibition or restriction of the disclosure, broadcast or publication of matters by order under section 75,(c) summonses,(d) extensions of time for any matter (including for the lodgment of applications or appeals),(e) evidential matters,(f) disqualification of members,(g) joinder of parties to proceedings,(h) summary dismissal of proceedings,(i) any other interlocutory issue before the Tribunal.(2) In exercising any of its interlocutory or ancillary functions, the Tribunal may be constituted by:(a) in the case of a function of the Tribunal in relation to an internal appeal or external appeal—one presidential judicial member, or(b) in the case of a function of the Tribunal otherwise than in relation to an internal appeal or external appeal—one judicial member of the Division to which the function concerned is allocated.(2A) The President, or relevant Divisional Head (subject to any direction of the President), may give directions as to the members who are to constitute the Tribunal for the purposes of exercising any of its interlocutory or ancillary functions.(3) Nothing in this section prevents a differently constituted Tribunal from exercising an interlocutory or ancillary function or any other function of the Tribunal if the Tribunal is duly constituted to exercise that function apart from this section.(4) This section has effect despite any other requirement of this Act or any other enactment relating to the constitution of the Tribunal for the exercise of its functions.
(1) The President is (subject to this Act and the rules of the Tribunal) to direct the business of the Tribunal.(2) The President is to facilitate the adoption of good administrative practices in the conduct of the business of the Tribunal.(3) The President may determine the places and times for sittings of the Tribunal.
(1) As soon as practicable after 30 June (but on or before 31 December) of each year, the President 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.(3) If a House of Parliament is not sitting when the Minister seeks to lay the report before it, the Minister is to cause a copy of the report to be presented to the Clerk of that House of Parliament.(4) The report:(a) is, on presentation and for all purposes, taken to have been laid before the House, and(b) may be printed by authority of the Clerk of the House, and(c) if so printed, is taken to be a document published by or under the authority of the House, and(d) is to be recorded:(i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and(ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,on the first sitting day of the House after receipt of the copy of the report by the Clerk.