If the chairperson or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, made, in the case of an acting chairperson, after consultation with the Minister of Justice, may appoint a suitable person as the acting chairperson or an acting member for the period or purpose stated in the appointment.

No person may be appointed as the acting chairperson or an acting member unless he or she is eligible for appointment to the relevant position.

The acting chairperson or acting member is, while acting in the position, to be treated as the chairperson or a member of the Tribunal.

No appointment of an acting chairperson or acting member, no act done by an acting chairperson or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

The chairperson of the Tribunal may delegate any of the chairperson’s functions, duties, and powers to a member of the Tribunal who holds the qualifications set out in section 206(2)(b) and the chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.

A delegation—

A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 210 for work undertaken in that capacity.

The chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—

The Ministry of Justice must provide the resources and administrative support necessary to enable the Tribunal to perform its functions.

The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—

The chairperson of the Tribunal may issue practice notes for any type of proceedings dealt with by the Tribunal as he or she thinks fit.

The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

A final written decision may be published in part if there is good reason for not publishing the full decision.

Subsections (1) and (2) are subject to section 213(5).

Good reason not to publish a decision, or part of it, includes the following:

In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:

If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.

No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.

An acting Authority is, while acting in the position, to be treated as an Authority.

No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—

The Ministry of Justice must provide the resources and administrative support necessary to enable each Authority to perform its functions.

An Authority may regulate his or her procedures as he or she sees fit, subject to—

Regulations may prescribe any procedure to be followed by an Authority.

An Authority may strike out, in whole or in part, a proceeding if satisfied that it—

If a party is neither present nor represented at the hearing of a proceeding, an Authority may—

All the Authorities acting together may issue practice notes, to apply to all of them, as they think fit.

The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of each Authority, officers of an Authority, and parties before an Authority.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

The chief executive may establish a Registry for the Disputes Tribunal and may appoint a person to be the Disputes Tribunal Registrar.

The office of Disputes Tribunal Registrar may be held in conjunction with any other office in the public service.

The functions of the Disputes Tribunal Registrar are—

The Ministry of Justice must provide the resources and administrative support necessary to enable the Disputes Tribunal to perform its functions.

A Registrar must schedule the days, times, and places for the regular sittings of the Tribunal and, when doing so, must implement any directions given under subsection (2).

The Principal Disputes Referee is responsible for the rostering and training of Referees and may give any directions he or she considers necessary for these purposes. Before giving any direction, the Principal Disputes Referee must consult the Chief District Court Judge.

If for any reason the office of Principal Disputes Referee is vacant, or if for any reason the Principal Disputes Referee is unable to perform his or her functions under subsection (2), the Chief District Court Judge must—

The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2) and who the Principal Disputes Referee is satisfied has the necessary capability, skills, experience, and personal attributes to perform or exercise those functions, duties, and powers.

A delegation—

A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 8A for work undertaken in that capacity.

The Tribunal may order that any part of any evidence given or the name of any witness not be published.

An order may be made subject to any conditions that the Tribunal considers appropriate.

A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.

A Referee must give reasons for his or her final decision in every proceeding.

If a final decision is given orally at the end of a hearing, that decision must be recorded in writing and the reasons for that decision must be included in the written decision.

The Tribunal must provide a copy of a final decision, including the written record of an oral decision, to the parties.

In this section, final decision means a decision that determines, or substantially determines, the outcome of any proceeding.

The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Referee conducting the hearing of the matter, considers it appropriate and the necessary facilities are available.

The following information must be published on an Internet site maintained by or on behalf of the chief executive:

The Minister may appoint 1 or more Student Allowance Appeal Authorities and may give the Authorities distinctive designations and from time to time change any designation.

The function of an Authority is to hear appeals in accordance with section 305.

An Authority comprises a person appointed by the Minister for a term of up to 5 years from the date of his or her appointment, and any person may be reappointed.

An Authority continues in office despite the expiry of his or her term of office until—

An Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as an Authority during that period for the purpose of—

An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.

Any person who is an Authority may, at any time,—

An Authority is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

A person is entitled to receive—

An Authority is not personally liable for any act done or omitted to be done by him or her in good faith in the performance or exercise, or intended performance or exercise, of his or her functions, duties, or powers under this Act.

If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.

No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.

An acting Authority is, while acting in the position, to be treated as an Authority.

No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—

All Authorities acting together may issue practice notes, to apply to all of them, as they think fit.

The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of an Authority, officers of an Authority, and parties before an Authority.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

Every written decision of an Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

A written decision may be published in part if there is good reason for not publishing the full decision.

Subsections (1) and (2) are subject to section 305(6).

Good reason not to publish a decision, or part of it, includes the following:

In this section, written decision means a written decision that determines, or substantially determines, the outcome of proceedings in an Authority.

This section applies if—

A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court.

An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision.

This section applies if—

A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

An appeal under this section must be brought within 3 months after the date on which the person is notified of the decision.

The Chairperson of the Tribunal must be appointed by the Governor-General, on the recommendation of the Minister.

One or more Deputy Chairpersons of the Tribunal may be appointed by the Governor-General, on the recommendation of the Minister.

Subject to any directions issued by the Chairperson, a Deputy Chairperson of the Tribunal has all the functions, duties, and powers of the Chairperson.

The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—

A delegation—

A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 119 for work undertaken in that capacity.

Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—

If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.

No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.

The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.

No appointment of the acting Chairperson, no act done by the acting Chairperson, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

The Chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that, in relation to the work of the Tribunal, the Chairperson, each Deputy Chairperson and each member of the panel performs their functions—

The Chairperson of the Tribunal may direct, for the purposes of any particular proceedings, that the Tribunal be constituted by—

The Chairperson of the Tribunal may give a direction under subsection (1) if he or she is satisfied that—

The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—

The Chairperson of the Tribunal may issue practice notes as he or she considers appropriate.

The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.

The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:

Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

A final written decision may be published in part if there is good reason for not publishing the full decision.

Subsections (1) and (2) are subject to section 107(3).

Good reason not to publish a decision, or part of it, includes the following:

In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following: