CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 15 NSW judicial officers acting as members of Tribunal

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 15

15 NSW judicial officers acting as members of Tribunal

(1) Classes of NSW judicial officers who may act as members may be prescribed Any NSW judicial officer who belongs to a class of NSW 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 NSW judicial officer to act as member Without limiting subsection (1), the President may appoint any NSW 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 appointment 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 NSW 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, principal member or senior 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 proceedings A NSW 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) Definitions In this section--


"NSW judicial officer" includes a retired NSW 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

(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.