Page 3965 - Week 13 - Thursday, 17 October 1991

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MR CONNOLLY: Subclause 63(1) is presently worded to confine acting appointments to members of the tribunal other than the president of the tribunal, which is of course a part-time body. Community groups have suggested that a deputy or acting president be appointed to cover those situations when the president is ill or absent from the Territory on business.

Amendment No. 6, standing in my name, removes the restriction so that there may be the appointment of an acting president. For the reasons outlined in respect of amendment No. 6, amendment No. 7, standing in my name, simply provides a revised provision which governs who can be appointed to the position of acting president of the tribunal. I move:

Page 23, line 31, subclause 63 (1), omit ", other than the President".

Page 24, line 6, subclause 63(2), omit the subclause, substitute the following subclauses:

"(2) A person appointed to act as the President shall be a person referred to in paragraph 58(2)(a) or (b).

"(3) A person appointed to act as a member other than the President shall be a person who is qualified in accordance with subsection 58(4) to act as such a member.".

Amendments agreed to.

Clause, as amended, agreed to.

Clause 64

MR STEFANIAK (4.37): I move:

Page 24, line 17, at the end of the clause, add the following subclause:

"(2) A member of the staff of the Tribunal is subject to the directions of the President in the exercise of a power or the performance of a duty or function under or in relation to this Act.".

This clause deals with the staff. Community groups were somewhat concerned that, whilst the clause stated that the staff were required to assist the tribunal in the performance of its functions, being public servants they would be made available by the head of administration. There was some concern as to who they would be responsible to and who would direct them, and whether there would be any conflicts there.


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