Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 16

Appointment of members

S. 16(1) amended by No. 51/2000 s. 14(a).

    (1)     Members (other than a Vice President appointed under section 11A) are appointed by the Governor in Council on the recommendation of the Minister.

    (2)     A member is eligible for re-appointment.

S. 16(3) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch.  3 item 219.1).

    (3)     The Public Administration Act 2004 does not apply to a member in respect of the office of member.

S. 16(4) inserted by No. 83/2012 s. 44.

    (4)     A person who is appointed or reappointed as a non-judicial member must, before exercising any power or performing any function as a member, take an oath or affirmation of office in the prescribed form and manner.

S. 16(5) inserted by No. 83/2012 s. 44.

    (5)     Subsection (4) does not apply in the case of an appointment under section 16A.

S. 16(6) inserted by No. 83/2012 s. 44.

    (6)     Subsection (4) does not apply to a person who has previously taken an oath or affirmation of office under subsection (4).

S. 16(7) inserted by No. 83/2012 s. 44.

    (7)     A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a member of the Tribunal.

S. 16(8) inserted by No. 62/2014 s. 48.

    (8)     The instrument of appointment of a Deputy President, senior member or ordinary member may indicate that the member is to commence undertaking the duties of office on a part-time basis and, if so, may specify the proportion of full‑time duties to be worked by the member.

S. 16(9) inserted by No. 62/2014 s. 48.

    (9)     If a member's instrument of appointment indicates that the member is to commence undertaking the duties of office on a part‑time basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated accordingly.

S. 16A inserted by No. 1/2000 s. 10.



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