Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 59

Member of appeal panel becomes unavailable

59. Member of appeal panel becomes unavailable



(1) This section applies where a hearing before an appeal panel has been
commenced or completed by the appeal panel but, before the matter has been
determined, one of the members constituting the appeal panel has ceased to be
a member of the appeal panel or has ceased to be available for the purposes of
the hearing.

(2) If the Registrar is satisfied that subsection (1) applies in relation to a
hearing, the Registrar may appoint a member of the appeal panels pool to take
the place of the person referred to in subsection (1) for the purposes of the
hearing.

(3) If subsection (1) applies in relation to a hearing that has been dealt
with by an appeal panel, the Registrar may, instead of appointing a member
under subsection (2), direct that the determination of the hearing be
completed by the appeal panel constituted by the remaining members.

(4) An appeal panel as constituted in accordance with any of the provisions of
this section for the purposes of a hearing may have regard to any record of
proceedings for the appeal panel as previously constituted.