Document ID: chunk:federal_register_of_legislation:C2010A00095:clause:1_110yc
Version: federal_register_of_legislation:C2010A00095
Segment Type: clause
Provision Reference: sch 1 cl 110YC
Character Range: 26032–28307

110YC  Acting appointments

Appointment of acting Chair
 (1) The Minister may, in writing, appoint a Tribunal member to act as the Chair:
 (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the Chair:
 (i) is absent from duty or from Australia; or
 (ii) is, for any reason, unable to perform the duties of the office.
Note: See also section 33A of the Acts Interpretation Act 1901, which contains extra rules about acting appointments.

Appointment of other acting Tribunal members
 (2) The Chair may, in writing, appoint a person to act as a Tribunal member (other than the Chair):
 (a) during a vacancy in an office of Tribunal member (other than the Chair), whether or not an appointment has previously been made to the office; or
 (b) during any period, or during all periods, when a Tribunal member (other than the Chair):
 (i) is acting as the Chair; or
 (ii) is absent from duty or from Australia; or
 (iii) is, for any reason, unable to perform the duties of the office.
Note: See also section 33A of the Acts Interpretation Act 1901, which contains extra rules about acting appointments.
 (3) In appointing a person to act as a Tribunal member, the Chair must have regard to the desirability of:
 (a) reflecting a diversity of expertise, experience and gender among the Tribunal members; and
 (b) the Tribunal members being independent of those who usually make reviewable decisions.

Protection from invalidity
 (4) Anything done by or in relation to a person purporting to act under an appointment under this section is not invalid merely because:
 (a) the occasion for the appointment had not arisen; or
 (b) there was a defect or irregularity in connection with the appointment; or
 (c) the appointment had ceased to have effect; or
 (d) the occasion to act had not arisen or had ceased.

Determining whether there is a vacancy in an office of Tribunal member
 (5) For the purpose of:
 (a) a reference in this section to a vacancy in an office of Tribunal member; or
 (b) a reference in the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 10 offices of Tribunal members in addition to the Chair.