Division 2 Primary functions
33 Inquiries by assessors
(1) If proceedings are pending in the Tribunal, the Tribunal or the
President 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
(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
(4) The Tribunal may, with the consent of the parties, adopt any
findings or observations set out in a report under this
(5) An assessor, in making an inquiry under this section, has and may
exercise the functions of the Tribunal under section 83 (Powers in relation to
(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.
34 Delegation to assessors
(1) If proceedings are pending in a Division of the Tribunal, the
relevant Divisional Head may direct that the proceedings (or part of the
proceedings) be determined by one or more assessors if:
(a) the parties consent to the making of the direction,
(b) the proceedings belong to a class of proceedings prescribed by the
regulations for the purposes of this section.
(2) Subject to this Act and the rules of the Tribunal, the assessor or
assessors determining the proceedings under this section have and may exercise
the functions of the Tribunal (other than its functions under this
(3) The decision of the assessor or assessors is taken to be the
decision of the Tribunal.
(4) If proceedings are directed to be determined by two or more
(a) one of those assessors directed to do so by the relevant
Divisional Head is to preside at the proceedings, and
(b) if the assessors are divided in opinion as to the decision to be
made on any question:
(i) if there is a majority of the one opinion—the question is to
be decided according to the opinion of the majority, or
(ii) in any other case—the question is to be decided according to
the opinion of the assessor presiding.
(5) The assessor or assessors may, of the assessor’s or the
assessors’ own motion or on the request of a party, refer a question of
law (including the question whether a particular question is one of law)
arising in the proceedings to the relevant Divisional Head for determination
by a judicial member.
(6) If a question is referred to the relevant Divisional Head under
(a) a judicial member is to determine the question and then remit the
determination to the assessor or assessors, and
(b) the assessor or assessors may continue to determine the
proceedings unless the Divisional Head otherwise directs, but only if:
(i) no order or decision to which the question is relevant is made
until a judicial member has determined the question, and
(ii) no order or determination is made that is inconsistent with the
determination of the question by a judicial member.
(7) A decision of a judicial member that a question referred under
subsection (5) need not be determined because it is not relevant to the
particular proceedings is taken to be the member’s determination of the
question for the purposes of subsection (6).
35 Assessors sitting with the 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 may under this section assist
and advise the Tribunal, but is not to adjudicate on any matter before the
(3) The Tribunal may commence or continue to determine the proceedings
or any part of the proceedings:
(a) without the assistance of an assessor who is not available or has
ceased to be available to assist in the determination of the proceedings or
part of the proceedings, and
(b) without the assistance of assessors generally if, in the opinion
of the Tribunal, the proceedings or part of the proceedings concern or
concerns a question of law only.