Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 22

Scope

       (1AA)  This section does not apply in relation to proceedings in the Security Appeals Division.

Multiple member Tribunal--who is to preside

             (1)  At the hearing of a proceeding before the Tribunal at which the Tribunal is constituted for the purposes of the proceeding by more than one member:

                     (a)  if the President is a member of the Tribunal as so constituted--he or she shall preside;

                    (aa)  if the President is not a member of the Tribunal as so constituted, but a presidential member who is a Judge is a member of the Tribunal as so constituted--that presidential member shall preside;

                    (ab)  if a presidential member who is a Judge is not a member of the Tribunal as so constituted but 2 or more Deputy Presidents are members of the Tribunal as so constituted--one of those Deputy Presidents who is directed by the President to do so is to preside;

                     (b)  if a presidential member who is a Judge is not a member of the Tribunal as so constituted, but a Deputy President is a member of the Tribunal as so constituted--that Deputy President shall preside; or

                     (c)  if the Tribunal is constituted only by non‑presidential members:

                              (i)  where one only of those non‑presidential members is a senior member--he or she shall preside;

                             (ii)  where 2 or more of those non‑presidential members are senior members--one of those senior members who is directed by the President to do so shall preside; or

                            (iii)  where none of those non‑presidential members is a senior member--one of those non‑presidential members who is directed by the President to do so shall preside.

Reconstituted Tribunal--who is to preside

             (2)  In a case where a direction is given under subsection 20B(2), section 21A, subsection 23(3) or (4) or section 23A reconstituting the Tribunal for the purposes of a proceeding, any necessary direction may be given under this section as to the member who is to preside at the hearing of the proceeding by the Tribunal as reconstituted.