Document ID: chunk:federal_register_of_legislation:C2004A04382:body:0:p3
Version: federal_register_of_legislation:C2004A04382
Segment Type: other
Provision Reference: 
Character Range: 5218–8085

61C the following Divisions are inserted:

"Division 2—Determination of conscientious belief

Application for determination of conscientious belief

"61CA.(1) A person who claims to be exempt from service because of conscientious beliefs must, within 7 days after he or she is called on for service under section 60 apply to the Secretary, in writing, to have his or her claim determined by a Conscientious Objection Tribunal.

"(2) At any time after a Tribunal has made a determination that a person is or is not exempt from service because of conscientious beliefs either the applicant for that determination or the Commonwealth may apply to the Secretary, in writing, to have a Tribunal set aside the previous determination and, where appropriate, make a new determination in substitution for it on the grounds of a change in circumstances.

Secretary must refer application

"61CB. If the Secretary receives an application under subsection 61CA(1) or (2), the Secretary must refer the application to a Conscientious Objection Tribunal for determination.

Function of Conscientious Objection Tribunals

"61CC.(1) The function of a Conscientious Objection Tribunal is to determine, following an application that is referred to it by the Secretary, whether the person to whom the application related is exempt from service because of conscientious beliefs.

"(2) Subject to this Part, a determination under subsection (1) is final and binding for all purposes.

Parties to the hearing of an application

"61CD. In this Part, the parties to the hearing of an application by a Conscientious Objection Tribunal arc the applicant and the Commonwealth.

Notice of determination to be given to parties

"61CE.(1) If a Conscientious Objection Tribunal makes a determination it must notify the parties of the result of the determination as soon as possible.

"(2) A Tribunal must give the parties a statement in writing of the reasons for its determination within 28 days of making that determination.

"Division 3—Establishment and membership of Conscientious Objection Tribunals

Establishment of Conscientious Objection Tribunals

"61CF.(1) The Minister may, by notice in the Gazette, establish such Conscientious Objection Tribunals as he or she thinks necessary for the purposes of this Part.

  "(2) Each Tribunal is to comprise:

  (a)     a presiding member; and

  (b)     2 other members.

"(3) Members are to be appointed in writing by the Minister and may be appointed as either full-time or part-time members.

"(4) A person is not to be appointed as a presiding member of a Tribunal unless he or she is a legal practitioner of not less 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