Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p4
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 7863–10673

than 7 years standing.

"(5) A person is not to be appointed as another member of a Tribunal unless the Minister is satisfied that he or she is capable, by reason of training or experience, of ascertaining facts other than by adversarial procedures.

Period of appointment of members

"61CG. Members are to hold office for such period, not exceeding 5 years, as is specified in the instrument of appointment.

Remuneration and allowances of members

  "61CH.(1) Members arc to be paid:

    (a)     such remuneration as is determined by the Remuneration Tribunal; and

  (b)    such allowances as are prescribed.

"(2) If no determination of the remuneration of members by the Remuneration Tribunal is in operation, members are to be paid such remuneration as is prescribed.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.

Other terms and conditions

"61CJ. A member holds office on such terms and conditions (if any) in respect of matters not provided for by this Part as are determined by the Minister in writing.

Leave of absence

"61CK. The Minister may grant leave of absence to a member on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

Resignation

"61CL. A member may resign in writing signed by him or her and sent to the Minister.

Removal from office

"61CM. The Minister may remove a member from office for proved misbehaviour or physical or mental incapacity.

Member of a Tribunal unavailable to complete proceeding

"61CN.(1) If the hearing of an application has been commenced or completed by a Conscientious Objection Tribunal but, before the proceeding has been determined, one of the members constituting the Tribunal for the purposes of the application has:

   (a)     ceased to be a member; or

(b)    ceased to be available for the purposes of the application; the following provisions have effect:

     (c)     if the member concerned is a member other than a member appointed as a presiding member—the hearing and determination, or the determination, of the application may be completed by the Tribunal constituted by the remaining 2 members;

     (d)     in any other case—the proceeding must be reheard by another Tribunal.

"(2) If an application that was being dealt with by one Tribunal is reheard by another Tribunal, that other Tribunal may, for the purposes of that application, have regard to any record of the proceedings before the first-mentioned Tribunal.

"(3) The reference in subsection (2) to a record of proceedings includes a reference to a record of any evidence taken in the proceeding.

Acting appointments

"61CO.(l) The Minister may appoint a person to act as a full-time member of a Conscientious Objection Tribunal during any period, or during all periods, when the member is