POLICE ACT 1990 - SECT 181K Constitution of Commission for the purposes of Division 1C

POLICE ACT 1990 - SECT 181K

181K Constitution of Commission for the purposes of Division 1C

(1) A review under Division 1C is to be conducted before the Industrial Relations Commission (referred to in this Division as the
"Commission" ) constituted by a single member who is an Australian lawyer.

(2) An appeal from the decision of the Commission on a review under Division 1C is to be conducted before a Full Bench of the Commission constituted by 3 members who are each Australian lawyers.

(3) A Magistrate (including an Industrial Magistrate) may act as member of the Commission for the purposes of an appeal if--

(a) the Chief Magistrate of the Local Court has, at the request of the Chief Commissioner of the Commission, nominated the Magistrate to act as a member of the Commission in relation to the appeal, and

(b) the Magistrate consents to acting as a member of the Commission in relation to the appeal.

(4) The following provisions apply to and in respect of a Magistrate who acts as a member of the Commission pursuant to this section--

(a) the Magistrate has, while acting as a member, all the powers, authorities, privileges and immunities of a member,

(b) the Magistrate may attend the sittings of the Commission for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Commission while the Magistrate was acting as a member in the proceedings even if the Magistrate is no longer acting as a member,

(c) the Magistrate is not, while receiving remuneration as a Magistrate, entitled to remuneration for acting as a member,

(d) any service of the Magistrate while acting as a member is taken for all purposes (including for the purposes of the Local Court Act 2007 ) to be service as a Magistrate,

(e) nothing in this Act or any other law requires the Magistrate to devote the whole of his or her time to the duties of acting as a member.