WORKPLACE RELATIONS ACT 1996 - SECT 93 Commission divided in opinion

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 93

                   If the persons constituting the Commission for the purposes of any proceeding are divided in opinion as to the decision to be given, the decision shall be given, if there is a majority, according to the opinion of the majority, but, if the members are equally divided in opinion, the opinion that shall prevail is:

                     (a)  where the President is a member--the opinion of the President; and

                     (b)  where the President is not a member and the Vice President is a member--the opinion of the Vice President; and

                     (c)  where neither the President nor the Vice President is a member and only one Senior Deputy President is a member--the opinion of the Senior Deputy President; and

                     (d)  where neither the President nor the Vice President is a member and 2 or more Senior Deputy Presidents are members--the opinion of the Senior Deputy President who has seniority under section 65; and

                     (e)  where the President, the Vice President and any Senior Deputy President are not members, and only one Deputy President is a member--the opinion of the Deputy President; and

                      (f)  where the President, Vice President and any Senior Deputy President are not members and 2 or more Deputy Presidents are members--the opinion of the Deputy President who has seniority under section 65; and

                     (g)  in any other case--the opinion of the Commissioner who is a member and who has seniority under section 65.