New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 22

22 Constitution of the Tribunal for particular proceedings (including Appeal Panel for external appeals)

(1) In exercising any of its functions (other than the functions of an Appeal Panel), the Tribunal is to be constituted by one or more Division members of the Division to which the function concerned is allocated.

(1A) In exercising its functions in relation to an external appeal (other than an external appeal referred to in subsection (1B)), the Tribunal is to be constituted by an Appeal Panel consisting of at least 3 members assigned by the President to the Panel for the purpose of the proceedings.

(1B) In exercising its functions in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 50 of the NSW Trustee and Guardian Act 2009 , the Tribunal is to be constituted by an Appeal Panel consisting of:

(a) 1 presidential judicial member, and

(b) 1 other judicial member, and

(c) 1 non-judicial member, appointed on the recommendation of the Minister administering the Guardianship Act 1987 , who has experience in dealing with persons who have a disability (as referred to in section 3 (2) of that Act).

(2) The President, or relevant Divisional Head (subject to any direction of the President), may give directions as to the members who are to constitute the Tribunal for the purposes of any particular proceedings (including proceedings in relation to an external appeal).

(3) In giving a direction as to the members who are to constitute the Tribunal for the purposes of any particular proceedings, the President or relevant Divisional Head is to have regard to the following matters:

(a) the degree of public importance or complexity of the subject-matter of the proceedings,

(b) if the proceedings concern the review of a reviewable decision-the nature and status of the office of the administrator who made the reviewable decision,

(b1) if the proceedings concern the hearing of an external appeal-the nature and status of the decision-maker who made the decision concerned,

(c) the need for any of the members to have special knowledge or experience in the subject-matter of the proceedings,

(d) such other matters as the President or the Divisional Head considers relevant.

(3A) There may be more than one sitting of an Appeal Panel constituted under this section at the same time.

(4) Except in relation to an external appeal referred to in subsection (1B), the provisions of this section are subject to any contrary provision in this or any other Act. In particular, the Tribunal is to be constituted subject to the provisions for the constitution of the Tribunal specified in Schedule 2 in relation to the classes of matters specified in that Schedule.

(5) This section does not apply to the exercise of the functions of an Appeal Panel of the Tribunal in relation to an internal appeal.