New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 79

79 Reconstitution of Tribunal during hearing

(1) The President may replace the member, or one of the members, constituting the Tribunal after the consideration of a matter by the Tribunal has commenced if:

(a) the member becomes unavailable for any reason, or ceases to be a member, before the matter is determined, and

(b) the parties consent.

(2) The Tribunal as so reconstituted is to have regard to the evidence and decisions in relation to the matter that were given or made before the Tribunal was reconstituted.

(3) If one or more of the parties do not consent to the reconstitution of the Tribunal under this section, the proceedings are to be reconsidered by the Tribunal constituted in accordance with this Act.

(4) If proceedings are reconsidered by the Tribunal, the Tribunal may, for the purposes of the proceedings, have regard to any record of the proceedings before the Tribunal as previously constituted including a record of any evidence taken in the proceedings.