Tasmania: Tasmanian Civil and Administrative Tribunal Act 2020 (Tas)

Tasmanian Civil and Administrative Tribunal Act 2020 An Act to establish the Tasmanian Civil and Administrative Tribunal, to enable the appointment of members and staff of the Tribunal, to make provision for the functions, powers and procedures of the Tribunal, to provide for certain transitional matters related to the establishment of the Tribunal, and for related purposes [Royal Assent 4 November 2020] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Tasmanian Civil and Administrative Tribunal Act 2020 . 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. 3. Interpretation (1) In this Act, unless the contrary intention appears – Acting Deputy President means an Acting Deputy President appointed under section 35(1) ; Acting President means the Acting President appointed under section 21(1) ; Anti-Discrimination stream means the Anti-Discrimination stream established by clause 1 of Part 4 of Schedule 2 ; applicant means – (a) in the context of the Tribunal's review jurisdiction, the person who – (i) applies to the Tribunal for a review; or (ii) otherwise brings a matter before the Tribunal; or (iii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal; and (b) in any other context, the person who – (i) brings a matter before the Tribunal; or (ii) requests, requires, or otherwise seeks that a matter be referred to, or otherwise brought before, the Tribunal – but, unless and to the extent that the Tribunal rules otherwise provide, does not include a person who is required by this Act or a relevant Act to refer a matter to the Tribunal, or otherwise bring a matter before the Tribunal, as sought by another person; Civil and Consumer stream means the Civil and Consumer stream established by clause 1 of Part 9 of Schedule 2 ; code of conduct means the code of conduct issued under section 94 ; commencement day means the day on which the Tasmanian Civil and Administrative Tribunal Amendment Act 2021 commences; compulsory conference means a compulsory conference held under Division 7 of Part 8 ; decision of the Tribunal includes a direction, determination or order of the Tribunal; decision-maker – see section 74(2) ; Deputy President means a Deputy President of the Tribunal appointed under section 26(2) ; Deputy Registrar means a Deputy Registrar of the Tribunal appointed under section 53(3) ; Division Head means – (a) a person appointed under section 60(3) to be the Division Head in relation to a Division of the Tribunal; and (b) a person acting as a Division Head under section 60(7) ; Division of the Tribunal means a Division of the Tribunal that is established by section 59(1) ; Division Schedule, in relation to a Division of the Tribunal, means the Schedule to this Act that is entitled with the name of the Division of the Tribunal; establishment day has the meaning it has in section 4(1) ; evidentiary material includes any document, object, and substance, of evidentiary value in proceedings before the Tribunal and includes any other document, object, and substance, that should, in the opinion of the Tribunal, be produced for the purpose of enabling the Tribunal to determine whether or not it has evidentiary value; Forestry Practices stream means the Forestry Practices stream established by clause 1 of Part 6 of Schedule 2 ; General Division means the General Division established by section 59(1) ; Guardianship stream means the Guardianship stream established by clause 2 of Part 4 of Schedule 3 ; Health Practitioners stream means the Health Practitioners stream established by clause 1 of Part 5 of Schedule 2 ; legally qualified member means – (a) the President; and (b) a magistrate who is a member; and (c) a member who is an Australian lawyer of at least 5 years' standing as an Australian legal practitioner; Magistrates Court means the Magistrates Court of Tasmania; member means a member of the Tribunal under section 11 ; members of the staff of the Tribunal means – (a) the registrars; and (b) the other persons whose services are made available to the Tribunal under section 56 ; Mental Health stream means the Mental Health stream established by clause 1 of Part 5 of Schedule 3 ; monetary order means an order of the Tribunal requiring the payment of money and includes – (a) an order made for the payment of a fine or other pecuniary penalty; and (b) an order as to the payment of any costs; and (c) an order for the payment of compensation for breach of an Act; officers of the Tribunal means – (a) the registrars; and (b) the members of the staff of the Tribunal, or other persons, who are, under section 57 , designated to be officers of the Tribunal by the Registrar; order of the Tribunal includes an interim order, interlocutory order, consequential order and ancillary order; ordinary member means – (a) an ordinary member of the Tribunal appointed under section 44(1)(b) ; and (b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary ordinary member of the Tribunal appointed under section 48(1) ; original jurisdiction of the Tribunal – see section 72 ; party, in relation to proceedings, means a person who is, under this Act or a relevant Act, a party to the proceedings; Personal Compensation stream means the Personal Compensation stream established by clause 1 of Part 7 of Schedule 2 ; practice directions means practice directions given under section 93 ; prescribed means prescribed in the regulations; President means the President of the Tribunal appointed under section 12(2) ; proceedings means proceedings of the Tribunal and includes a hearing of the Tribunal and proceedings of the Tribunal that do not consist of a hearing; Protective Division means the Protective Division established by section 59(1) ; registrar means the Registrar or a Deputy Registrar; Registrar means the Registrar of the Tribunal appointed under section 53(1) ; registry means a registry of the Tribunal; regulations means regulations made under this Act; relevant Act means an Act specified in Schedule 1 and any other Act that confers jurisdiction on the Tribunal; relevant Board or Tribunal means – (a) the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1998 ; and (b) the Asbestos Compensation Tribunal established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and (c) the Forest Practices Tribunal established under the Forest Practices Act 1985 ; and (d) the Guardianship and Administration Board established under the Guardianship and Administration Act 1995 ; and (e) the Health Practitioners Tribunal established under the Health Practitioners Tribunal Act 2010 ; and (f) the Mental Health Tribunal established under the Mental Health Act 2013 ; and (g) the Motor Accidents Compensation Tribunal established under the Motor Accidents (Liabilities and Compensation) Act 1973 ; and (h) the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ; and (i) the Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 ; Resource and Planning stream means the Resource and Planning stream established by clause 2 of Part 8 of Schedule 2 ; reviewable decision – see section 74(1) ; Rules Committee means the Rules Committee established under section 91 ; senior member means – (a) a senior member of the Tribunal appointed under section 44(1)(a) ; and (b) except in Subdivision 2 of Division 4 of Part 3 , a supplementary senior member of the Tribunal appointed under section 48(1) ; sessional basis, in relation to an appointment of a member, means the appointment of the member on the basis that the person is to act in the office during the periods, within the person's term of appointment, determined from time to time by the President; stream – see section 63 ; Tribunal means the Tasmanian Civil and Administrative Tribunal established by section 8 ; Tribunal rules means the Tribunal rules, made under section 92 , that are in force under this Act. (2) A reference in this Act (however expressed) to the performance and exercise by the Tribunal of its functions and powers in relation to other legislation includes a reference both to the Tribunal's functions and powers under the legislation and to its functions and powers under this Act in relation to the legislation. (3) For the purposes of this Act, a reference in a relevant Act to an appeal to the Tribunal is to be taken to be a reference, as the case requires, to – (a) an application for a review by the Tribunal; or (b) a review by the Tribunal. 4. Meaning of establishment day (1) For the purposes of this Act, the establishment day is – (a) 1 July 2021; or (b) if another day is fixed as the establishment day by a proclamation made under subsection (2) , that day. (2) The Governor, by proclamation, may, before 1 July 2021, fix a day that is later than 1 July 2021 as the establishment day for the purposes of this Act. 5. Reductions in remuneration and allowances A reference in Part 3 to a reduction in remuneration or allowances in relation to a person does not include a reference to such a reduction that is related to a reduction, over a particular period, in the number of hours of service of a person under this Act – (a) who is appointed on a sessional basis; or (b) if the basis on which the person is appointed is altered under a provision of this Act so that the person becomes appointed on a part-time basis or a sessional basis. 6. When person appointed for particular proceeding completes term of office For the purposes of this Act, a person who is appointed to an office in relation to a particular proceeding or proceedings in the Tribunal completes the term of office if – (a) the proceedings have been withdrawn or dismissed; or (b) the proceedings have been finally determined by the Tribunal, including, where required, by the giving of reasons for the determination and the determination of costs. 7. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 7A. Inconsistency with relevant Act If there is an inconsistency between a provision of a relevant Act and a provision of this Act, the regulations or the Tribunal rules, the provision of the relevant Act prevails to the extent of the inconsistency. PART 2 - Tasmanian Civil and Administrative Tribunal 8. Establishment of Tribunal The Tasmanian Civil and Administrative Tribunal is established on the establishment day. 9. Tribunal to operate throughout State (1) The Tribunal is to facilitate access to its services throughout the State and may sit at any place (either within or outside the State). (2) Registries of the Tribunal are to be at the places determined by the President after consultation with the Minister. 10. Main objectives of Tribunal (1) The main objectives of the Tribunal in dealing with matters within its jurisdiction are – (a) in the exercise of its jurisdiction, to promote the best principles of public administration, including – (i) independence in decision-making; and (ii) natural justice and procedural fairness; and (iii) high-quality, consistent decision-making; and (iv) transparency and accountability in the performance and exercise of statutory functions, powers and duties; and (b) to be accessible by being easy to find and easy to access, and to be responsive to parties, especially people with greater needs for assistance than others; and (c) to ensure that applications, referrals, reviews and appeals are processed and resolved as quickly as possible while achieving a just outcome, including by resolving disputes through high-quality processes and the use of alternative dispute resolution processes, or compulsory conferences, wherever appropriate; and (d) to keep costs to parties involved in proceedings before the Tribunal to a minimum insofar as is just and appropriate; and (e) to use straightforward language and procedures (including, insofar as is reasonably practicable and appropriate, by using simple and standardised forms); and (f) to act with as little formality and technicality as possible, including by informing itself in the manner that the Tribunal thinks fit; and (g) to be flexible in the way in which the Tribunal conducts its business and to adjust its procedures to best fit the circumstances of a particular case or a particular jurisdiction. (2) In furtherance of the Tribunal's main objectives, the Tribunal should, in relation to the conferral and exercise of the Tribunal's jurisdiction, consult from time to time with the agencies, organisations or bodies that it thinks appropriate. PART 3 - Membership and Staff of Tribunal Division 1 - Membership 11. Membership of Tribunal The members of the Tribunal are – (a) the President; and (b) each Deputy President; and (c) the senior members; and (d) the ordinary members. Division 2 - President of Tribunal Subdivision 1 - President 12. President (1) There is to be a President of the Tribunal. (2) The Governor is to appoint as the President of the Tribunal a person who is a magistrate or eligible for appointment as a magistrate. (3) The first term of appointment, of the first person appointed under subsection (2) as the President, is 7 years. (4) The Governor may extend for a period of 3 years the first term of appointment of the first person appointed as the President. (5) The term of appointment, of a person appointed under subsection (2) as the President (other than the first term of appointment of the first person so appointed), is 5 years. (6) A person (including the first person so appointed) may be appointed under subsection (2) as the President as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as the President. (7) An appointment under subsection (2) must be in writing. (8) Before a person who is a magistrate is appointed to be the President or the term of appointment as the President of a person who is a magistrate is extended, the Minister must consult with the Chief Magistrate. 13. Terms and conditions, &c., of appointment as President (1) A person appointed as the President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Governor. (2) A person appointed as the President is – (a) if the President is not a magistrate, entitled to be paid the remuneration and allowances that a magistrate is entitled to be paid under the Magistrates Court Act 1987 , together with an amount equivalent to the additional component, if any, determined under subsection (3) ; or (b) if the President is a magistrate, entitled to be paid, in addition to his or her salary and allowances as a magistrate, an additional component, if any, determined under subsection (3) . (3) The Governor may determine that the President's salary or allowances as a magistrate are to have an additional component because the magistrate holds office as the President. (4) An amount to which a person appointed as President is entitled under subsection (2) cannot be reduced during the person's term of office. 14. President's functions generally (1) The President has the functions conferred on the President under this Act or any other Act. (2) The functions of the President include – (a) participating as a member of the Tribunal; and (b) having primary responsibility for the administration of the Tribunal; and (c) managing the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it performs its functions and exercises its powers; and (d) providing leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and (e) giving directions about the practices and procedures to be followed by the Tribunal; and (f) developing and implementing performance standards and setting benchmarks for the Tribunal; and (g) being responsible for promoting the training, education and professional development of members of the Tribunal; and (h) overseeing the proper use of the resources of the Tribunal; and (i) providing advice about – (i) the membership of the Tribunal; and (ii) the operations and activities of the Tribunal. (3) Without limiting subsections (1) and (2) , the President, or the Acting President, has, if appointed before the establishment day, the following functions before the commencement day: (a) assigning functions and powers to any Registrar, Deputy Registrar or other member of staff appointed before the establishment day; (b) performing functions that are necessary or convenient to facilitate the establishment of the Tribunal. (4) The President has the power to do all things necessary or convenient to be done in connection with, or incidental to, the performance of the President's functions. (5) In the performance and exercise of the President's functions and powers, the President is not subject to direction or control by the Minister. 14A. Delegation (1) The President may delegate a function or power of the President under this or any other Act, other than this power of delegation, to – (a) another member of the Tribunal; or (b) a member of the staff of the Tribunal; or (c) the person (being either a member of the Tribunal or a member of the staff of the Tribunal) for the time being performing particular duties or holding or acting in a particular position. (2) A delegation under subsection (1) – (a) must be made by instrument in writing; and (b) may be conditional; and (c) does not derogate from the ability of the President to act in any matter; and (d) is revocable at will by the President. 15. When person ceases to be President A person ceases to be the President if – (a) the person ceases to be a magistrate and he or she was a magistrate when he or she was appointed, or reappointed, as the President; or (b) the person resigns as the President by written notice to the Minister; or (c) the person completes a term of office as the President and is not appointed as the President for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment of the person as the President is revoked under section 19(4) ; or (e) the person dies. 16. Suspension of appointment as President (1) The Governor may suspend from office a person holding office as the President if the Governor is satisfied that the person – (a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of the President; or (b) has become bankrupt, applied to take, or has taken, advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or (c) has been convicted in Tasmania of – (i) a crime; or (ii) an offence that is punishable by imprisonment for a term of 12 months or more – or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (2) The Governor may suspend the President from office if the Governor is satisfied that the person has been charged with – (a) a crime; or (b) an offence that is punishable by imprisonment for a term of 12 months or more; or (c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (3) The Governor may suspend the President from office if the Governor is satisfied that the person has engaged in – (a) misconduct as a member of the Tribunal; or (b) misbehaviour that brings the office into disrepute. (4) If the President was a magistrate when appointed as the President, the Minister must consult with the Chief Magistrate before the President is suspended under this section. (5) If a person has been suspended from office under subsection (1) , (2) or (3) , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid. 17. Parliament may confirm or revoke suspension of President for misconduct or misbehaviour (1) If a person has been suspended from office under section 16(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 16(5) or a longer period allowed by resolution of the House of Parliament, may pass a resolution – (a) confirming the suspension; or (b) revoking the suspension. (2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of President, the suspension of the person from the office of President is revoked on and from the day on which the resolution is passed by both the Houses. 18. Governor may revoke or vary suspension of President (1) The Governor may revoke or vary a suspension imposed under section 16(1) , (2) or (3) . (2) If the President was a magistrate when appointed or re-appointed as the President, the Minister must consult with the Chief Magistrate before the suspension of the President is revoked or varied under subsection (1) . (3) If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament within 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid. (4) If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the statement in relation to the revocation or variation is laid before the House under subsection (3) or a longer period allowed by resolution of the House of Parliament before which it is laid, may pass a resolution – (a) confirming the revocation or variation of the suspension; or (b) revoking the revocation or variation of the suspension. (5) If both Houses of Parliament pass a resolution under subsection (4) confirming the revocation or variation of the suspension, the suspension is varied or revoked, respectively, on and from the day on which the resolution is passed by both Houses. 19. Revocation of appointment as President (1) The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as the President on the grounds for suspension, referred to in section 16(1) or (3) , that are specified in the statement, if – (a) the Governor is satisfied that the person may be suspended from the office of President on the grounds, referred to in section 16(1) or (3) , that are specified in the statement; and (b) the Governor has suspended the person from office under section 16 on any grounds specified in the statement, whether or not they are the same grounds as the grounds to which the statement relates; and (c) the statement required by section 16(5) to be laid before both Houses of Parliament in relation to the suspension of the person from the office of President has been laid before each House; and (d) where the person has been suspended from office under section 16(3) , the suspension has been confirmed under section 17(1)(a) . (2) If the President was a magistrate when appointed as the President, the Minister must consult with the Chief Magistrate before a statement is laid before a House of Parliament under subsection (1) . (3) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under subsection (1) , may resolve – (a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or (b) to revoke the appointment of the person as President. (4) If both Houses have resolved – (a) under subsection (3)(a) to revoke the suspension of a person from the office of President, the suspension of the person from the office of President is revoked; or (b) under subsection (3)(b) to revoke the appointment of a person as President, the appointment of the person as President is revoked – on and from the day on which the resolution is passed by both Houses. 20. Payment of person suspended from office of President (1) If a person is suspended from the office of President under section 16 , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of the President to which the person is to be entitled in respect of the period of suspension. (2) If a person is suspended from the office of President under section 16 , the person is not entitled, in respect of the period of the suspension, to any more of the salary of the President to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension as so varied, if at all. (3) Despite subsection (2) , if the suspension of a person from the office of President for a period under section 16 is revoked under section 17(2) , section 18(1) or section 19(3)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Part. (4) The reference in this section to salary does not include any salary that the person receives as a magistrate. Subdivision 2 - Acting President 21. Acting President (1) The Governor may appoint a person as the Acting President for a term, of not more than 6 months, specified in the instrument of appointment, if – (a) there is a vacancy in the office of President; or (b) the President is absent from duty; or (c) the President is, for any other reason, unable to perform or exercise the functions or powers of the President. (2) The Governor may only appoint a person as the Acting President under subsection (1) if the person is a Deputy President or a magistrate. (3) A person appointed as the Acting President is, for the term of his or her appointment as the Acting President, entitled to be paid additional remuneration and allowances to ensure that his or her remuneration and allowances equal the remuneration and allowances payable to the President in whose stead he or she is acting. (4) The Governor may extend for a period of 3 months the term of an appointment under this section. (5) An appointment under subsection (1) , and an extension of a term of appointment under subsection (4) , must be in writing. (6) A person may be appointed under subsection (1) to be the Acting President as many times as the Governor thinks fit. (7) A person appointed as the Acting President – (a) has all the functions and powers of the President; and (b) is taken to be the President of the Tribunal for the purposes of this Act (other than the provisions of Subdivision 1 of Division 2 , apart from section 14 ) and any relevant Act. (8) The Minister must consult with the Chief Magistrate before a person who is a magistrate is appointed as the Acting President. 22. When person ceases to be Acting President A person ceases to be the Acting President if – (a) the person ceases to be a Deputy President or a magistrate; or (b) the person resigns as the Acting President by written notice to the Minister; or (c) the person completes a term of office as the Acting President (which may be a term that is extended under section 21(4) ) and is not appointed as the Acting President for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment of the person as the Acting President is revoked under section 23(1) ; or (e) the person dies. 23. Revocation of appointment as Acting President (1) The Governor may at any time revoke an appointment under section 21(1) . (2) A revocation under subsection (1) must be in writing. (3) The Minister must consult with the Chief Magistrate before the appointment of an Acting President who is a magistrate is revoked under subsection (1) . Subdivision 3 - Miscellaneous 24. Appointment of magistrate as President or Acting President not to affect tenure, &c. (1) The appointment of a person, who is a magistrate, as the President under section 12(2) or as the Acting President under section 21 , does not affect – (a) the person's tenure of office or status as a magistrate; or (b) subject to section 13 , the payment of the person's salary or allowances as a magistrate; or (c) despite any other Act, including the Magistrates Court Act 1987 , the ability of the person to do anything in the person's capacity as a magistrate, including constituting the Magistrates Court or exercising the jurisdiction of the Magistrates Court; or (d) any other right or privilege that the person has as a magistrate. (2) Service in the office of the President, or service as the Acting President, is taken, for all purposes, in relation to a person who is a magistrate and who was, when a magistrate, appointed to serve in the office of the President or Acting President, to constitute service as a magistrate. 25. Relationship of Act to Magistrates Court, &c. (1) Despite the Magistrates Court Act 1987 or any other Act, the Chief Magistrate – (a) may not assign to a Division of the Magistrates Court a magistrate who is the President or the Acting President; and (b) may not arrange the business of the Tribunal; and (c) may not issue practice directions in relation to the Tribunal; and (d) may not direct, or impose a requirement on, a member of the Tribunal or a member of the staff of the Tribunal; and (e) may not require a magistrate who is the President, or who is serving as the Acting President, to perform the functions, or exercise the powers, of a magistrate, and may not delegate to such a person any functions or powers of a magistrate; and (f) may not otherwise perform or exercise, in relation to a magistrate who is the President, or who is serving as the Acting President, a function or power under an Act if the performance or exercise may interfere with the President's, or Acting President's, ability to appropriately perform or exercise a function or power under this Act or a function or power of the Tribunal under another Act. (2) Nothing in this section prevents a magistrate who is the President, or who is serving as the Acting President, from attending any training or professional development provided to magistrates generally, or from engaging, with the magistrate's agreement, in other activities engaged in by magistrates generally. (3) Despite the Magistrates Court Act 1987 , the President is not a member of the Magistrates Rule Committee under that Act. Division 3 - Deputy Presidents of Tribunal Subdivision 1 - Deputy Presidents 26. Appointment of Deputy Presidents (1) There is to be at least one Deputy President of the Tribunal. (2) The Governor may appoint a person as a Deputy President of the Tribunal. (3) The Governor may only appoint a person under subsection (2) as a Deputy President if the person is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner. (4) The appointment of a person under subsection (2) must be in writing. (5) The appointment of a person as a Deputy President under subsection (2) – (a) is to be specified in the instrument of appointment to be – (i) an appointment for a term of 5 years; or (ii) an appointment in relation to a particular proceeding or particular proceedings; and (b) is to be specified in the instrument of appointment to be – (i) on a full-time basis; or (ii) on a part-time basis; or (iii) on a sessional basis. (6) A person may be appointed as a Deputy President as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as a Deputy President. (7) The Minister, by notice in writing to a person who is a Deputy President, may, at the request of the President and the person, alter the basis, referred to in subsection (5)(b) , on which the Deputy President is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis. 27. Terms and conditions of appointment as Deputy President (1) A person appointed as a Deputy President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Governor. (2) A person appointed as a Deputy President is entitled to be paid the remuneration and allowances that the Governor determines from time to time to be payable to that Deputy President. (3) Any remuneration and allowances that are, during a person's term of office as Deputy President, determined under subsection (2) to be payable to the person as Deputy President, cannot, subject to section 5 , be reduced during the person's term of office. 28. Deputy President's functions generally (1) A Deputy President has the functions conferred on a Deputy President under this Act or any other Act. (2) The functions of a Deputy President include – (a) participating as a member of the Tribunal; and (b) assisting the President to manage the business of the Tribunal; and (c) assisting the President to manage the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and (d) other functions assigned by the President. (3) A Deputy President has the power to do all things necessary or convenient to be done in connection with, or incidental to, the performance of a Deputy President's functions. (4) A Deputy President is subject to the direction of the President in performing or exercising the functions or powers of a Deputy President, other than in adjudicating in the Tribunal. 29. When person ceases to be Deputy President A person ceases to be a Deputy President if – (a) the person ceases to be an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (b) the person resigns as a Deputy President by written notice to the Minister; or (c) the person completes a term of office as a Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment of the person as a Deputy President is revoked under section 33(3) ; or (e) the person dies. 30. Suspension of appointment as Deputy President (1) The Governor may suspend from office a person holding office as a Deputy President if the Governor is satisfied that the person – (a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of a Deputy President; or (b) has become bankrupt, applied to take, or has taken, advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or (c) has been convicted in Tasmania of – (i) a crime; or (ii) an offence that is punishable by imprisonment for a term of 12 months or more – or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (2) The Governor may suspend a Deputy President from office if the Governor is satisfied that the person has been charged with – (a) a crime; or (b) an offence that is punishable by imprisonment for a term of 12 months or more; or (c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more. (3) The Governor may suspend a Deputy President from office if the Governor is satisfied that the person has – (a) engaged in misconduct as a member of the Tribunal; or (b) engaged in misbehaviour that brings the office into disrepute; or (c) breached the code of conduct and the President has recommended the revocation of the appointment. (4) The Minister must consult with the President before a Deputy President is suspended under this section. (5) If a person has been suspended from office under subsection (1) , (2) or (3) , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid. 31. Parliament may confirm or revoke suspension of Deputy President for misconduct or misbehaviour (1) If a person has been suspended from office under section 30(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 30(5) or a longer period allowed by resolution of the House of Parliament, may pass a resolution – (a) confirming the suspension; or (b) revoking the suspension. (2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of Deputy President, the suspension of the person from the office of Deputy President is revoked on and from the day on which the resolution is passed by both the Houses. 32. Governor may revoke or vary suspension of person from office of Deputy President (1) The Governor may revoke or vary a suspension imposed under section 30(1) , (2) or (3) . (2) If the Deputy President who has been suspended was a magistrate when appointed as a Deputy President, the Minister must consult with the Chief Magistrate before the suspension of the Deputy President is revoked or varied under subsection (1) . (3) If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament within 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid. (4) If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the statement in relation to the revocation or variation is laid before the House under subsection (3) or a longer period allowed by resolution of the House of Parliament before which it is laid, may pass a resolution – (a) confirming the revocation or variation of the suspension; or (b) revoking the revocation or variation of the suspension. (5) If both Houses of Parliament pass a resolution under subsection (4)(a) confirming the revocation or variation of the suspension, the suspension is varied or revoked, respectively, on and from the day on which the resolution is passed by both Houses. 33. Revocation of appointment as Deputy President (1) The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as a Deputy President on the grounds for suspension, referred to in section 30(1) or (3) , that are specified in the statement, if – (a) the Governor is satisfied that the person may be suspended from the office of Deputy President on the grounds, referred to in section 30(1) or (3) , that are specified in the statement; and (b) the Governor has suspended the person from office under section 30 on any grounds specified in the statement, whether or not they are the same grounds as the grounds to which the statement relates; and (c) the statement required by section 30(5) to be laid before both Houses of Parliament in relation to the suspension of the person from the office of Deputy President has been laid before each House; and (d) where the person has been suspended from office under section 30(3) , the suspension has been confirmed under section 31(1)(a) . (2) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under subsection (1) , may resolve – (a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or (b) to revoke the appointment of the person as a Deputy President. (3) If both Houses have resolved – (a) under subsection (2)(a) to revoke the suspension of a person from the office of Deputy President, the suspension of the person from the office of Deputy President is revoked; or (b) under subsection (2)(b) to revoke the appointment of a person as a Deputy President, the appointment of the person as a Deputy President is revoked – on and from the day on which the resolution is passed by both Houses. 34. Payment of person suspended from office of Deputy President (1) If a person is suspended from the office of Deputy President under section 30 , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of a Deputy President to which the person is to be entitled in respect of the period of suspension. (2) If a person is suspended from the office of Deputy President under section 30 , the person is not entitled, in respect of the period of the suspension, to any more of the salary of the Deputy President to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension as so varied, if at all. (3) Despite subsection (2) , if the suspension of a person from the office of Deputy President for a period under section 30 is revoked under section 31(2) , section 32(1) or section 33(2)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Part. Subdivision 2 - Acting Deputy Presidents 35. Acting Deputy Presidents (1) The Minister may appoint a person as an Acting Deputy President if – (a) there is a vacancy in an office of Deputy President; or (b) a Deputy President is absent or for any other reason is unable to perform the duties of office. (2) The Minister may only appoint a person as an Acting Deputy President if the person is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner. (3) An appointment under this section must be in writing. (4) The appointment of a person as an Acting Deputy President is to be – (a) for a term, of not more than 6 months, specified in the instrument of appointment; and (b) specified in the instrument of appointment to be – (i) on a full-time basis; or (ii) on a part-time basis; or (iii) on a sessional basis. (5) The Minister must consult with the President before making an appointment under subsection (1) . (6) A person appointed as an Acting Deputy President – (a) has all the functions and powers of a Deputy President; and (b) is taken to be a Deputy President for the purposes of this Act (other than the provisions of Subdivision 1 of Division 2 , apart from section 14 ) and any relevant Act. (7) The Minister, by notice in writing to a person who is appointed as an Acting Deputy President, may, at the request of the President and the person, alter the basis, referred to in subsection (4)(b) , on which the person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis. 36. Terms and conditions of appointment as Acting Deputy President (1) A person appointed as an Acting Deputy President is, for the term of the appointment, entitled to be paid the salary and allowances determined by the Minister after consultation with the President. (2) Any remuneration and allowances that are, before or during a person's term of office as an Acting Deputy President, determined under subsection (1) to be payable to the person as Acting Deputy President, cannot, subject to section 5 , be reduced during the person's term of office as an Acting Deputy President. (3) A person appointed as an Acting Deputy President may be appointed under section 35 as an Acting Deputy President for a further term that is continuous on one or more of the person's previous appointments as an Acting Deputy President – (a) by the Minister, if the total period of continuous appointments is not more than 6 months; or (b) by the Governor, if the total period of continuous appointments is more than 6 months. (4) Nothing in subsection (3) is to be taken to prevent a person being appointed under section 35 , as many times as may be, for a period, if the period is not within 2 months of the end of one or more of the person's previous appointments as an Acting Deputy President. 37. When person ceases to be Acting Deputy President A person appointed under section 35(1) as an Acting Deputy President ceases to be an Acting Deputy President if – (a) the person ceases to be an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (b) the person resigns his or her office as Acting Deputy President by written notice to the Minister; or (c) the person completes a term of office as an Acting Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment is revoked under section 38(1) ; or (e) the person dies. 38. Revocation of appointment as Acting Deputy President (1) The Governor may at any time revoke the appointment under section 35(1) of a person as an Acting Deputy President. (2) A revocation under subsection (1) must be in writing. (3) The Minister must consult with the President before the appointment of a person as an Acting Deputy President is revoked under subsection (1) . Subdivision 3 - Supplementary Deputy Presidents 39. Supplementary Deputy Presidents (1) The Minister, on the request of the President, may appoint a person as a supplementary Deputy President of the Tribunal. (2) The Minister may appoint a person under subsection (1) – (a) even though there is no vacancy in an office of Deputy President; and (b) whether or not there is more than one Deputy President; and (c) even though a person is acting under section 35 as a Deputy President. (3) The Minister may only appoint a person under subsection (1) as a supplementary Deputy President if the person is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner. (4) An appointment under subsection (1) must be in writing. (5) The appointment of a person as a supplementary Deputy President – (a) is to be specified in the instrument of appointment to be – (i) an appointment for a term, of not more than 2 years, specified in the instrument of appointment; or (ii) an appointment in relation to a particular proceeding or particular proceedings; and (b) is to be specified in the instrument of appointment to be – (i) on a full-time basis; or (ii) on a part-time basis; or (iii) on a sessional basis. (6) A person appointed as a supplementary Deputy President – (a) may act as a Deputy President in relation to the proceedings, or for the term, for which he or she is appointed; and (b) when acting under the appointment, is to be taken to be a Deputy President for the purposes of this Act (other than the provisions of Subdivision 1, apart from section 28 ) and any relevant Act. (7) If a person is appointed as a supplementary Deputy President for a term, the Minister may, in writing, after consultation with, or at the request of, the President of the Tribunal, extend the term for which the person is appointed as a supplementary Deputy President for a further 12-month period. (8) The Minister may appoint a person under subsection (1) as many times as may be, and the period of any such appointment may be, but is not required to be, consecutive with a previous period of appointment as a Deputy President, an Acting Deputy President under section 35 or a supplementary Deputy President. (9) The Minister, by notice in writing to a person who is appointed as a supplementary Deputy President, may, at the request of the person, alter the basis, referred to in subsection (5)(b) , on which the person is appointed so that the person becomes appointed on a full-time basis, a part-time basis or a sessional basis. 40. Terms and conditions of appointment as supplementary Deputy President (1) A person appointed as a supplementary Deputy President holds office on the terms and conditions, not inconsistent with this Act, from time to time determined by the Minister. (2) A person appointed as a supplementary Deputy President is, for the term of the appointment, entitled to be paid any remuneration or allowances determined by the Minister after consultation with the President. (3) Any remuneration and allowances that are, during a person's term of office as a supplementary Deputy President, determined under subsection (2) to be payable to the person as a supplementary Deputy President, cannot, subject to section 5 , be reduced during the person's term of office as a supplementary Deputy President. 41. When person ceases to be supplementary Deputy President A person ceases to be a supplementary Deputy President of the Tribunal if – (a) the person ceases to be an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (b) the person resigns as a supplementary Deputy President by written notice to the Minister; or (c) the person completes a term of office as a supplementary Deputy President and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment of the person as a supplementary Deputy President is revoked under section 42(1) ; or (e) the person dies. 42. Revocation of appointment as supplementary Deputy President (1) The Governor may at any time revoke the appointment under section 39(1) of a person as a supplementary Deputy President. (2) A revocation under subsection (1) must be in writing. (3) The Minister must consult with the President of the Tribunal before the appointment of a person as a supplementary Deputy President is revoked under subsection (1) . Division 4 - Other members Subdivision 1 - Selection and assessment panel 43. Selection and assessment panel The Minister may from time to time appoint a panel of persons who, at the request of the Minister – (a) are, after consultation with the President, to recommend the selection criteria for the senior members, supplementary senior members, ordinary members and supplementary ordinary members; and (b) are to assess a candidate, or candidates, for appointment as a senior member or ordinary member of the Tribunal and, as appropriate, to provide advice to the Minister for the purposes of section 44(1) . Subdivision 2 - Senior members and ordinary members 44. Appointment of senior members and ordinary members (1) The Governor may appoint a person as – (a) a senior member of the Tribunal; or (b) an ordinary member of the Tribunal. (2) The Governor may only appoint a person as a senior member of the Tribunal, or an ordinary member of the Tribunal, if the person – (a) is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (b) has, in the Governor's opinion, extensive knowledge, expertise or experience relating to a type of matter in relation to which functions or powers may be performed or exercised by the Tribunal and, where the Governor thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter. (3) The members are to be appointed under subsection (1) having regard to – (a) any selection criteria applying under section 43(a) ; and (b) any advice provided under section 43(b) ; and (c) the range of knowledge, expertise and experience required within the membership of the Tribunal. (4) The Minister must consult with the President before a person is appointed under subsection (1) . (5) The appointment of a senior member or ordinary member under subsection (1) is to be – (a) specified in the instrument of appointment to be for a term of 5 years; and (b) specified in the instrument of appointment to be – (i) on a full-time basis; or (ii) on a part-time basis; or (iii) on a sessional basis. (6) A person appointed as a senior member or ordinary member may be appointed as such a member as many times as may be and the term of any such appointment may be, but is not required to be, consecutive with a previous term of appointment as such a member. (7) A person may be appointed as a senior member or ordinary member for a term beginning immediately after the end of a previous term of such an appointment without the advice of a panel established under section 43 being required to be sought. (8) The Minister, by notice in writing to a person who is appointed under subsection (1) as a senior member or an ordinary member, may, at the request of the President, alter the basis, referred to in subsection (5)(b) , on which a person is appointed so that the person becomes appointed as a senior member or an ordinary member, respectively, on a full-time basis, a part-time basis or a sessional basis. (9) The Minister must consult with the President about the basis of an appointment referred to in subsection (5)(b) . 45. Terms and conditions of appointment as senior member or ordinary member (1) A person appointed as a senior member or ordinary member holds office on the terms and conditions, not inconsistent with this Act, specified in his or her instrument of appointment. (2) The Minister must consult with the President from time to time about the terms and conditions to be included, in accordance with subsection (1) , in instruments of appointment of persons under section 44(1) . (3) A person appointed as a senior member or ordinary member is, for the term of the appointment, entitled to be paid the remuneration and allowances that are specified in the person's instrument of appointment, as amended from time to time. (4) An amount to which a person appointed as a senior member or ordinary member is entitled under subsection (3) cannot, subject to section 5 , be reduced during the person's term of office. 46. When senior member or ordinary member ceases to hold office A person ceases to be a senior member or an ordinary member if – (a) where the person was appointed – (i) on the basis that the person satisfied the requirement of section 44(2)(a) – the person ceases to be an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (ii) on the basis that the person held a particular qualification or an authority to engage in a profession – if the person ceases to hold that qualification or authority; or (b) the person resigns by written notice to the Minister; or (c) the person completes a term of office as such a member and is not appointed again to the office for a term beginning immediately after the end of the term of office that is completed; or (d) the appointment of the person as a senior member or an ordinary member is revoked under section 47(1) ; or (e) the person dies. 47. Revocation or suspension from office of senior member or ordinary member (1) The Governor may revoke the appointment of a senior member or ordinary member for – (a) mental or physical incapacity to satisfactorily perform or exercise the functions or powers of a member; or (b) neglect of duty as a member; or (c) misconduct as a member of the Tribunal, or misbehaviour that brings the Tribunal into disrepute; or (d) breach of a code of conduct, but only on the recommendation of the President. (2) The Minister must consult with the President before the appointment of a senior member or ordinary member is revoked under subsection (1) . (3) The President may, on his or her own initiative or at the request of the Minister, suspend from office a senior member or ordinary member if it appears that there may be grounds for the revocation of the appointment of the member. (4) If a senior member, or ordinary member, who is appointed on a full-time or part-time basis is suspended under subsection (3) , the member remains entitled to the member's usual remuneration and allowances during the period of suspension. (5) The Minister may revoke a suspension under subsection (3) . (6) A suspension under subsection (3) , and a revocation of such a suspension under subsection (5) , must be in writing. Subdivision 3 - Supplementary members 48. Supplementary members (1) The Minister, at the request or with the agreement of the President, may appoint a person as a supplementary senior member, or a supplementary ordinary member, of the Tribunal. (2) The Minister may only appoint a person under subsection (1) if the person – (a) is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner; or (b) has, in the Minister's opinion, extensive knowledge, expertise or experience relating to a type of matter in relation to which functions or powers may be performed or exercised by the Tribunal, and, where the Minister thinks it required, holds a particular qualification or an authority to engage in a profession that relates to that type of matter; or (c) is to be designated under the Health Practitioners Tribunal Act 2010 as a professional member, or a community member, for the purposes of that Act. (3) In appointing a person under subsection (1) as a supplementary senior member or a supplementary ordinary member, the Minister must (except in relation to a person to whom subsection (2)(c) applies) have regard to – (a) any selection criteria applying under section 43(a) , whether in relation to a supplementary senior member or a supplementary ordinary member, or both; and (b) any advice provided under section 43(b) ; and (c) the range of knowledge, expertise and experience required within the membership of the Tribunal. (4) An appointment under subsection (1) must be in writing. (5) The appointment of a person under subsection (1) – (a) is to be specified in the instrument of appointment to be –