Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (154 of 2012)

Schedule 3   Social Security Appeals Tribunal

Part 1   Amendments

Social Security (Administration) Act 1999

153   At the end of Part 2 of Schedule 3

Add:

12A Reconstitution of SSAT to achieve expeditious and efficient conduct of review

Scope

(1) This clause applies if:

(a) the hearing of a review of a decision has commenced or is completed; and

(b) the SSAT has not made a decision on the review.

Reconstitution to achieve expeditious and efficient conduct of review

(2) The Principal Member may direct that the SSAT as constituted for the purposes of the review be reconstituted by one or more of the following:

(a) adding one or more members;

(b) removing one or more members;

(c) substituting one or more other members;

if the Principal Member thinks that the reconstitution is in the interests of achieving the expeditious and efficient conduct of the review.

(3) The SSAT as reconstituted in accordance with a direction under this clause must continue the review.

SSAT may have regard to record of previous review

(4) If the SSAT is reconstituted in accordance with this clause, the SSAT may, for the purposes of the review, have regard to any record of:

(a) the hearing of the review before the SSAT as previously constituted (including a record of any evidence taken); and

(b) any directions hearings convened by the Principal Member with the parties to the review.

12B Reconstituted SSAT - who is to preside

If a direction is given under clause 10, 12 or 12A reconstituting the SSAT for the purposes of a particular review, any necessary direction may be given under this clause as to the member who is to preside for the purposes of the review.