New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 31

31 Arrangements for hearing appeals

(1) On receipt of a notice of appeal lodged in accordance with this Act against the decision of an employer, the Senior Chairperson, as soon as practicable after the expiration of the period within which a notice of appeal may, under section 29, be lodged against that decision:

(a) shall consider whether any issue of law or procedure arises in relation to the appeal which should be dealt with prior to, or without proceeding to, a hearing of the appeal,

(b) may determine that:

(i) the Senior Chairperson, sitting alone, or

(ii) a Chairperson, sitting alone, selected by the Senior Chairperson,

shall deal with any such issue, and

(c) may, generally or in any particular case or class of cases, determine the procedure to be adopted in dealing with any such issue.

(1A) The issue shall be dealt with in accordance with the relevant determinations under subsection (1).

(1B) The decision of the Senior Chairperson or a Chairperson with respect to the issue shall be the decision of the Tribunal, and proceedings before the Senior Chairperson or Chairperson for the purpose of enabling such a decision to be made shall be deemed to be proceedings of the Tribunal.

(1C) If, in relation to an appeal:

(a) the Senior Chairperson considers that there is no issue of law or procedure which should be dealt with prior to, or without proceeding to, a hearing of the appeal, or

(b) any such issue has been dealt with in accordance with subsection (1A),

the Senior Chairperson shall, except where it has been decided not to proceed to a hearing:

(c) determine that:

(i) the Senior Chairperson shall preside as chairperson, or

(ii) a Chairperson selected by the Senior Chairperson shall preside as chairperson,

at the sitting of the Tribunal for the purpose of hearing the appeal,

(d) appoint a time, date and place for the hearing of the appeal, and

(e) notify the Registrar of the arrangements made under paragraphs (c) and (d).

(2) The Senior Chairperson may, if the Senior Chairperson thinks fit, determine that 2 or more appeals in respect of the same decision shall be heard at one sitting of the Tribunal and, where the Tribunal hears 2 or more appeals at one sitting, it may make a single composite decision with respect to all or any of those appeals.