ABORIGINAL LAND ACT 1991 - SECT 218
Member of tribunal ceasing to be available
ABORIGINAL LAND ACT 1991 - SECT 218
Member of tribunal ceasing to be available
218 Member of tribunal ceasing to be available
(1) If the hearing of a proceeding has been commenced or completed by the Land
Tribunal constituted by 3 members but, before the matter to which the
proceeding relates has been determined, 1 of the members constituting the
tribunal ceases to be a member, or ceases to be available for the purposes of
the proceeding—
(a) if the parties agree and the chairperson does not give a
direction under section 215—the hearing and determination, or the
determination, of the proceeding may be completed by the tribunal constituted
by the remaining members or member; or
(b) in any other case—the proceeding
is to be reheard by the tribunal as reconstituted under section 216.
(2) If
the member who ceases to be a member, or ceases to be available for the
purposes of the proceeding, is the member who is, but for this subsection, to
preside, the chairperson may, in writing, appoint 1 of the remaining members,
or the remaining member, to preside.
(3) If a proceeding is reheard by the
tribunal, the tribunal may, for the purposes of the proceeding, have regard to
any record of the proceeding before the tribunal as previously constituted,
including any evidence taken in the proceeding.
