QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 167
Choosing persons
167 Choosing persons
(1) In choosing the persons who are to constitute the tribunal for a
particular matter, or the number of persons who are to constitute the
tribunal, the president must consider the following—
(a) the nature,
importance and complexity of the matter;
(b) the need for the tribunal
hearing the matter to have special knowledge, expertise or experience relating
to the matter;
(c) any provision of this Act, an enabling Act or the rules
that may be relevant;
(d) any other matter the president considers relevant.
Notes—
1 See sections 171(8) and 192(6) for arrangements providing for
limitations on magistrates who are ordinary members, and supplementary
members, performing their functions as members.
2 Under section 195, an
adjudicator can hear and decide only particular matters.
3 A judicial
registrar who is an adjudicator under section 198Acan hear and decide only
minor civil disputes.
(2) However, the president must not choose a person
to constitute the tribunal for a review of a reviewable decision if the
person—
(a) is an employee or officer of the entity in which the reviewable
decision was made; or
(b) was, when the reviewable decision was made, an
employee or officer of the entity in which the reviewable decision was made.
(3) Also, the president must not choose a person to constitute the tribunal
for an appeal against a decision of the tribunal if the person constituted the
tribunal that made the decision appealed against.
(4) Further, if an enabling
Act that is an Act provides that the tribunal is to be constituted for a
particular matter in a particular way, the president must ensure the tribunal
is constituted in that way.