South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 43

43—Disclosure of interest by members of the Court and Commission

If the Court or the Commission is constituted of, or includes, a member who has a pecuniary or other interest that could conflict with the proper performance of the member's official functions in proceedings before the Court or Commission, the member—

            (a)         must disclose the interest to the parties to the proceedings; and

            (b)         must not take part in the proceedings or exercise powers affecting the proceedings—

                  (i)         if the Senior Judge of the Court or the President of the Commission (as the case requires) directs the member to withdraw from the proceedings; or

                  (ii)         if a party to the proceedings does not consent to the member hearing and determining, or participating in the hearing and determination of, the proceeding.