Document ID: chunk:federal_register_of_legislation:C2024C00866:section:144
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 144
Character Range: 1663670–1665867

144  Member ceasing to be member etc.
 (1) Where one of the members constituting the Board by virtue of a direction under section 143 ceases to be a member or ceases, for any reason, to be available for the purposes of a review at the place where the review is to be, or is being, heard or continued, the 2 remaining members shall be deemed to constitute the Board by virtue of the direction given under section 143 until the Principal Member re‑allocates the review, under section 143, for further hearing.
 (2) Where the member referred to in subsection (1) is the Principal Member or a Senior Member, the Principal Member shall direct which of the 2 remaining members shall preside at any hearing of the review.
 (3) Where:
 (a) the hearing of a review has been commenced but has not been completed before the Board; and
 (b) the review has not been re‑allocated as mentioned in subsection (1);
the review may be listed for further hearing at a particular place and time in accordance with directions given by the Principal Member with respect to the listing of reviews for hearing or further hearing and, if it is so listed:
 (c) the Board constituted by the members directed to constitute the Board for the hearing of reviews listed for hearing at that place during the period in which that time occurs may continue the hearing of the review and decide the review; and
 (d) the review shall be deemed to have been re‑allocated for further hearing and decision accordingly.
 (4) The Board to which a review is deemed to have been re‑allocated under subsection (3) may, but need not, include a member who was one of the members who constituted the Board for the purpose of hearing the review before the re‑allocation took place.
 (5) Where a review re‑allocated as mentioned in subsection (1), or deemed to have been re‑allocated under subsection (3), had been commenced, but had not been completed, before the re‑allocation took place, the Board as constituted for the purpose of that review by virtue of that re‑allocation may, in the review before it, have regard to any record of the review before the Board as previously constituted.

Division 4A—Alternative dispute resolution processes