New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 24A

24A Constitution of Tribunal for exercise of interlocutory and ancillary functions

(1) In this section:
"ancillary function" means any of the following:

(a) the making of an order or other decision by the Tribunal (including an Appeal Panel of the Tribunal) in relation to the awarding of costs in proceedings in the Tribunal,

(b) the function of determining whether the Tribunal (including an Appeal Panel of the Tribunal) has jurisdiction to deal with a matter.

"interlocutory function" means the making of any order or other decision by the Tribunal (including an Appeal Panel of the Tribunal) in proceedings in respect of any of the following:

(a) stays or adjournments,

(b) prohibition or restriction of the disclosure, broadcast or publication of matters by order under section 75,

(c) summonses,

(d) extensions of time for any matter (including for the lodgment of applications or appeals),

(e) evidential matters,

(f) disqualification of members,

(g) joinder of parties to proceedings,

(h) summary dismissal of proceedings,

(i) any other interlocutory issue before the Tribunal.

(2) In exercising any of its interlocutory or ancillary functions, the Tribunal may be constituted by:

(a) in the case of a function of the Tribunal in relation to an internal appeal or external appeal-one presidential judicial member, or

(b) in the case of a function of the Tribunal otherwise than in relation to an internal appeal or external appeal-one judicial member of the Division to which the function concerned is allocated.

(2A) 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 exercising any of its interlocutory or ancillary functions.

(3) Nothing in this section prevents a differently constituted Tribunal from exercising an interlocutory or ancillary function or any other function of the Tribunal if the Tribunal is duly constituted to exercise that function apart from this section.

(4) This section has effect despite any other requirement of this Act or any other enactment relating to the constitution of the Tribunal for the exercise of its functions.