Document ID: chunk:federal_register_of_legislation:C2010A00095:clause:1_110xb:p1
Version: federal_register_of_legislation:C2010A00095
Segment Type: clause
Provision Reference: sch 1 cl 110XB (pt 1/2)
Character Range: 14427–17260

110XB  What happens if a Tribunal member stops being available

When this section applies
 (1) This section applies if:
 (a) a Tribunal member (the unavailable member) constitutes, or is one of the Tribunal members who constitute, the Tribunal for the purpose of a Tribunal proceeding; and
 (b) before the proceeding is completed:
 (i) the Tribunal member stops being a Tribunal member for any reason; or
 (ii) the Tribunal member is not available for the purpose of the proceeding for any reason; or
 (iii) the Tribunal member is prohibited by section 110XG from continuing to take part in the proceeding; or
 (iv) the Tribunal member is directed by the Chair not to continue to take part in the proceeding.

Chair to direct course of action
 (2) The Chair must either:
 (a) direct that the Tribunal proceeding be started afresh; or
 (b) direct that the Tribunal proceeding be completed.

If Chair directs that proceeding be started afresh
 (3) If the Chair directs that the Tribunal proceeding be started afresh:
 (a) the Chair must, in accordance with section 110XA, determine the Tribunal member or members who are to constitute the Tribunal for that purpose; and
 (b) subject to paragraph (c) of this subsection, the Tribunal, as so constituted, must start to deal with the proceeding afresh; and
 (c) the Tribunal, as so constituted, may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence given or submissions made).

If Chair directs that proceeding be completed
 (4) If the Chair directs that the Tribunal proceeding be completed:
 (a) if the unavailable member constituted the Tribunal—the Chair must direct another Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the proceeding; or
 (b) if the unavailable member is one of the Tribunal members who constituted the Tribunal—the Chair must:
 (i) direct the remaining Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the Tribunal proceeding; or
 (ii) direct a Tribunal member or Tribunal members to constitute the Tribunal for the purpose of completing the Tribunal proceeding.
 (5) If subsection (4) applies in relation to a Tribunal proceeding:
 (a) if the Tribunal proceeding is an inquiry—the requirement in subsection 110XA(2) that the Tribunal must be constituted by 3 or more Tribunal members does not apply; and
 (b) a direction under subparagraph (4)(b)(ii) of this section may be given to any Tribunal member (including the remaining Tribunal member or one of the remaining Tribunal members); and
 (c) the Tribunal, as constituted in accordance with a direction under subsection (4) of this section, must complete the Tribunal proceeding; and
 (d) for the purpose of completing the Tribunal proceeding,