South Australian Consolidated Acts

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 47

47—Constitution of review committees

        (1)         A review committee will be constituted in relation to particular proceedings by the President of the Industrial Court.

        (2)         The President of the Industrial Court will constitute a review committee by appointing one member from each of the panels constituted under subsection (3) to the committee.

        (3)         For the purpose of constituting review committees there will be—

            (a)         a panel of Judges of the Industrial Court and Industrial Magistrates appointed by the President; and

            (b)         a panel of members nominated by the Minister after taking into account the recommendations of employer associations; and

            (c)         a panel of members nominated by the Minister after taking into account the recommendations of the United Trades and Labor Council.

        (4)         A person ceases to be a member of a panel if that person—

            (a)         resigns by written notice addressed to the President of the Industrial Court; or

            (b)         is removed from the panel—

                  (i)         in the case of a Judge or Industrial Magistrate—by the President; or

                  (ii)         in any other case—by the Minister,

on the ground of misconduct, neglect of duty, incompetence or mental or physical incapacity to carry out satisfactorily the duties of office; or

            (c)         has completed a period of 3 years since being appointed to the panel, or last appointed to the panel, and is not reappointed to the panel.

        (5)         A member of a panel is entitled to such fees, allowances and expenses as the Governor may approve.

        (6)         Despite subsection (2), the President of the Industrial Court may, in a special case, constitute a review committee solely of a Judge of the Industrial Court or an Industrial Magistrate (and this Part will then apply with respect to the relevant proceedings with such modifications or variations as may be necessary or appropriate, or as may be prescribed).



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