Queensland Consolidated Acts

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COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 - SECT 28

28 Presiding case manager's power to deal with particular applications to tribunal

(1) A presiding case manager may deal with a case manager's matter before the tribunal if selected by the chairperson to constitute the tribunal for the matter.

(2) For the case manager's matter, the presiding case manager constitutes, and may exercise all the jurisdiction and powers of, the tribunal.

(3) The presiding case manager may exercise the other powers in relation to a direction given or a decision made by the presiding case manager that are incidental to the direction or decision and prescribed under a regulation.

Example--
A regulation may provide that a presiding case manager may correct a clerical error or accidental slip or omission in a direction given by the presiding case manager.

(4) The exercise of power by the presiding case manager under subsection (3) is taken to be an exercise of power by the tribunal.

(5) If the chairperson decides that a presiding case manager should not constitute the tribunal, the chairperson must--

(a) deal with the case manager's matter; or
(b) select a legally qualified member of the tribunal to constitute the tribunal to deal with it.

(6) The presiding case manager may refer a case manager's matter to a member of the tribunal if the presiding case manager decides that the matter should be dealt with by a member of the tribunal.

(7) In this section--

legally qualified member of the tribunal means a member of the tribunal who is a lawyer of at least 5 years standing.



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