Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1329

1329. (1) If the hearing of a review of a decision has been commenced or
completed by the Social Security Appeals Tribunal constituted by 2 or more
members but, before the matter to which the proceeding relates has been
determined, one of the members constituting the Tribunal for the purposes of
the review has:

   (a)  ceased to be a member; or

   (b)  has ceased to be available for the purposes of the review; the
        following provisions have effect:

   (c)  if the National Convener does not give a direction under section 1327
        reconstituting the Tribunal for the purposes of the review - the
        hearing and determination, or the determination, of the review may be
        completed by the Tribunal constituted by the remaining member or
        members;

   (d)  in any other case - the proceeding must be reheard by the Tribunal as
        reconstituted in accordance with the directions of the National
        Convener under section 1327.

(2) If a review is reheard by the Social Security Appeals Tribunal, the
Tribunal may, for the purposes of that review, have regard to any record of
the proceedings before the Tribunal as previously constituted.

(3) The reference in subsection (2) to a record of proceedings includes a
reference to a record of any evidence taken in the proceeding.