New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 14

14 Judicial officers acting as members of Tribunal

(1) Classes of judicial officers who may act as members may be prescribed Any judicial officer who belongs to a class of judicial officer prescribed by the regulations for the purposes of this section is taken to have been duly appointed to act as a member of the Tribunal in relation to such matters within the jurisdiction of the Tribunal as are prescribed by the regulations.

(2) President may appoint judicial officer to act as member The President may appoint any judicial officer to act as a member of the Tribunal in relation to particular proceedings before the Tribunal if:

(a) the President is satisfied that the co-option of the judicial officer to act as a member is necessary to enable the Tribunal to exercise its functions effectively in the proceedings, and

(b) the relevant chief judicial officer agrees to the judicial officer’s appointment.

(3) Effect of appointment Any person who is appointed to act as a member by or under this section:

(a) holds office as a Deputy President or a non-presidential judicial member as specified in the regulations (in the case of an appointment under subsection (1)) or the instrument of appointment (in the case of an appointment under subsection (2)), and

(b) has and may exercise all the functions of a member while acting as a member, and

(c) may continue to exercise his or her functions as a holder of a judicial office.

(4) Former acting member may complete determination of proceeding A judicial officer who has acted as a member may attend the sittings of the Tribunal for the purpose of giving reasons for a decision in, or otherwise completing, any proceedings that have been heard by the Tribunal (or were otherwise the subject of deliberations by the Tribunal) while the officer acted as a member, even if the person has ceased to act as a member.

(5) Definition In this section:
"judicial officer" includes a retired judicial officer.
"relevant chief judicial officer" means:

(a) in relation to the appointment of a Magistrate to act as a member-the Chief Magistrate of the Local Court, or

(b) in relation to the appointment of a Judge of the District Court to act as a member-the Chief Judge of the Court, or

(c) in relation to the appointment of a Judicial Member of the Industrial Relations Commission to act as a member-the President of the Commission, or

(d) in relation to the appointment of a Judge of the Land and Environment Court to act as a member-the Chief Judge of the Court, or

(e) in relation to the appointment of a Judge of the Supreme Court to act as a member-the Chief Justice of the Court.