Part 3Division 1 The making of rules
90 Rules may provide for practice and procedure
(1) Rules of the Tribunal may be made, not inconsistent with this Act, for or with respect to any matter that by this or any other Act is required or permitted to be prescribed by rules of the Tribunal or that is necessary or convenient to be prescribed in relation to the practice and procedure of the Tribunal under this or any other Act.(2) Without affecting the generality of subsection (1), rules of the Tribunal may be made for or with respect to:(a) the commencement of proceedings in the Tribunal, or(b) the practice and procedure to be followed in, or for the purposes of, proceedings before the Tribunal (including proceedings in relation to internal appeals and external appeals), or(c) the means for, and the practice and procedure to be followed in, the enforcement and execution of decisions of the Tribunal, or(d) the practice and procedure to be followed in the mediation or neutral evaluation of any matter under Part 4, or(e) the functions of the Registrar or other officers under this Act, including functions in relation to proceedings instituted before the Tribunal.(3) Without limiting the generality of section 42 of the Interpretation Act 1987, the rules of the Tribunal may also prescribe different rules for:(a) each of the Divisions, and(b) different classes of matters.Note. Section 42 of the Interpretation Act 1987 provides for the matters for which statutory rules may generally make provision.
91 Who is to make the rules of the Tribunal?
The Rule Committee is to make the rules of the Tribunal.
(1) Subject to the rules of the Tribunal, the President may issue practice notes for the Tribunal in relation to any matter with respect to which rules may be made.(2) A practice note must be published in the Gazette.(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as they apply to a statutory rule.
92 Establishment of Rule Committee
There is to be a Rule Committee of the Tribunal.
93 Functions of Rule Committee
(1) The functions of the Rule Committee are:(a) to make the rules of the Tribunal, and(b) to ensure that the rules it makes are as flexible and informal as possible.(2) (Repealed)
94 Composition of Rule Committee
(1) The Rule Committee is to be composed as follows:(a) the President,(b) each Divisional Head,(c) such other members of the Tribunal as may be appointed by the Minister on the nomination of the President,(d) such other persons as may be appointed by the Minister.(2) An appointed member of the Rule Committee is to hold office for the period specified in the member’s instrument of appointment and is eligible (if otherwise qualified) for re-appointment.(3) An appointed member of the Rule Committee ceases to hold office if:(a) the member is removed from office by the Minister, or(b) the member resigns the office by instrument in writing addressed to the Minister, or(c) the member completes a term of office and is not re-appointed.(4) If the office of an appointed member becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
95 Chairperson of Rule Committee
(1) The President is to be the chairperson of the Rule Committee.(2) The President is to appoint in writing one of the other members of the Rule Committee who is a Deputy President as deputy chairperson.
(1) Generally Rule Committee to regulate own procedure
Subject to this Part, the Rule Committee is to regulate its own procedure.(2) Chairperson or deputy chairperson to preside where available
The chairperson of the Rule Committee or, in the absence of the chairperson, the deputy chairperson of the Committee is to preside at a meeting of the Committee.(3) Other member may be chosen to preside in some cases
In the absence from a meeting of the Rule Committee of both the chairperson and deputy chairperson, another member of the Committee who is a Deputy President is to be chosen by the members present to preside at the meeting.(4) Quorum for meeting
The quorum for a meeting of the Rule Committee is a majority of the number of the members for the time being. Any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and has and may exercise all the functions of the Rule Committee.(5) Majority decisions
A decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present is the decision of the Committee.(6) Presiding member has deliberative and casting votes
The person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.(7) President to call meetings
The President is to call the first meeting of the Rule Committee in such manner as the President thinks fit and (subject to any decision of the Committee under subsection (1)) may call such other meetings of the Committee as the President thinks necessary.(8) Transaction of business by circulation of papers permissible
The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Committee.