Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 34

34. (1) Where:

   (a)  the hearing of a matter has been commenced before the Commission
        constituted by a single member; and

   (b)  before the matter has been determined, the member becomes unavailable;
        the President shall appoint another member of the Commission to
        constitute the Commission for the purposes of the matter.

(2) Where the hearing of a matter has been commenced before the Commission
constituted by 2 or more members and, before the matter has been determined,
one of the members becomes unavailable, the President:

   (a)  shall if it is necessary for the purpose of establishing a Full Bench
        of the Commission under section 30; and

   (b)  may in any other case; appoint a member to participate as a member of
        the Commission for the purposes of the matter.

(3) A member of the Commission becomes unavailable where the member is unable
to continue dealing with a matter, whether because the member has ceased to be
a member of the Commission or is prevented from taking part in the proceeding
by section 27 or for any other reason.

(4) Where the Commission is reconstituted under this section for the purposes
of a matter, the Commission as reconstituted shall have regard to the evidence
given, the arguments adduced and any award, order or determination made in
relation to the matter before the Commission was reconstituted.