STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 117

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 117

117 .         Appointment of non-judicial members

        (1)         A person is appointed as a member of the Tribunal, other than the President, a Deputy President or an ex officio member, by the Governor on the recommendation of the Minister.

        (2)         The appointment is to be in writing.

        (3)         A person cannot be a non-judicial member unless the person —

            (a)         is a lawyer and has had not less than 5 years’ legal experience; or

            (b)         has, in the opinion of the Minister, extensive or special knowledge of, or experience with, any class of matter involved in the exercise of the Tribunal’s jurisdiction.

        (4)         A person’s appointment may be as a senior member of the Tribunal if the person —

            (a)         is a lawyer and has had not less than 8 years’ legal experience; or

            (b)         has, in the opinion of the Minister, extensive knowledge of, or experience with, any class of matter involved in the exercise of the Tribunal’s jurisdiction.

        (5)         A person who is a public sector employee may be appointed to be a non-judicial member in respect of matters in the Tribunal’s original jurisdiction that are —

            (a)         of a class prescribed by the regulations; and

            (b)         specified in the instrument of appointment,

                and a person so appointed is not allowed to be a sitting member of the Tribunal, or perform any function as a Tribunal member, in relation to any other matter.

        (6)         Before recommending a person for appointment as a non-judicial member, the Minister is to consult the President and may also consult any appropriate Minister, person or body.

        [Section 117 amended: No. 9 of 2022 s. 402.]