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Statutory Requirements: |
Chairperson and Acting Chairperson
(1) The Minister shall, in writing, appoint a person who is a legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory, of not less than 7 years' standing and practice to be the Chairperson of the Tribunal. (2) The Minister may, in writing, appoint a member, who need not be eligible for appointment as the Chairperson under subsection (1), to act, at any time when in the opinion of the Minister it may be necessary, in the office of Chairperson of the Tribunal (either in addition to, or where the need arises by reason of the absence or any incapacity of that person in substitution for, the Chairperson appointed under subsection (1)), and when so acting a person has the powers and duties of Chairperson but if additionally appointed shall so act in accordance with any directions that may be given by the Chairperson appointed under subsection (1). Where the Chairperson is of the opinion that it is practicable, a Tribunal sitting in relation to any appeal shall be constituted by not less than 3 members. The members who are to constitute the Tribunal in relation to any appeal shall be selected by the Chairperson, who may have regard to their respective knowledge or experience relating to the code of racing in respect of which the appeal arose. The Minister shall, by appointments in writing notified in the Gazette, establish a panel of persons who are eligible to be selected by the Chairperson to be appointed as members of a Tribunal in relation to any appeal. A person shall not be appointed by the Minister under this section unless the Minister is satisfied that the person: (a) is, or would be eligible for appointment as, or has been, a magistrate; or (b) by virtue of practice or judicial service in another jurisdiction, in Australia or elsewhere, has qualifications and experience of a nature substantially similar to those required in a magistrate. |
