Page 1578 - Week 05 - Thursday, 8 May 2008
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Thirdly, the term of appointment of presidential members must be for a period of seven years or longer.
Fourthly, consequential amendments will ensure that presidential members can only be removed from office under the processes set out in the Judicial Commissions Act 1994.
Finally, the general president will be charged with the responsibility of ensuring that decisions of the tribunal are made according to law and are free from improper interference.
These enhancements to the law significantly improve the strength of legal provisions guaranteeing independence of tribunal members. The bill provides clear governance arrangements for the management of disputes coming before the tribunal, with the general president responsible for the allocation of members to particular matters.
In civil proceedings, the present emphasis on single-member hearings will continue. However, the general president will also have the scope to appoint a larger panel of members to hear a matter where the interests of justice demand a larger panel, such as occupational review or mental health matters.
The legislation provides for a core of presidential members under the leadership of the general president. As in the Supreme Court Act, provision is made for an appeals president, although this position may be vested in the general president.
A study of existing work patterns suggests that an optimal initial configuration of presidential members would be two full-time presidential members and one half-time presidential member. This would equate to approximately 575 annual sitting days collectively.
In addition to hearing matters, either alone or with other presidential, senior or ordinary members, presidential members would assist potential litigants frame the issues that require resolution—a dispute design function, which would occur at the inception of a possible claim—assist with quality referrals, undertake relevant training of other tribunal members, and undertake internal appeal work.
Consequential amendments to the AAT Act will see the role of the president of the AAT transferred to that of a presidential member of the new tribunal.
Other members of our existing tribunals will be encouraged to take appointments with the new tribunal, to ensure continuity in the formative stages of the new tribunal.
Employment of the proposed number of presidential members would leave sufficient funding for engaging a number of non-presidential, or what might be called “panel”, members.
Assuming a mix of senior and ordinary panel members—and allowing for training and administrative functions—should be sufficient to allow for 450 to 650 annual
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .