Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 9   Transitional and saving provisions

Part 2   Tribunal members and certain officers

4   Transitional - members of the AAT (other than Judges)

(1) This item applies to a person, other than a Judge, who was, immediately before the commencement day:

(a) a Deputy President of the AAT; or

(b) a senior member of the AAT; or

(c) a member of the AAT; or

(d) a person acting as a member mentioned in paragraph (a), (b) or (c).

Kind of member

(2) Despite the amendments of the AAT Act made by this Act, for the purposes of the operation of the AAT Act on and after the commencement day, the person is taken to hold office as such a member for the balance (the remaining balance ) of the person's term of appointment that remained immediately before the commencement day.

(3) Without limiting subitem (2):

(a) if the person held office immediately before the commencement day as a full-time member, the person continues, on and after that day, to hold office as a full-time member; and

(b) if the person held office immediately before the commencement day as a part-time member, the person continues, on and after that day, to hold office as a part-time member; and

(c) if the person held office immediately before the commencement day as an acting member, the person continues, on and after that day, to hold office as an acting member.

Terms and conditions

(4) The person holds office on and after the commencement day:

(a) on the terms and conditions that were applicable to the person immediately before that day; and

(b) for the remaining balance of the person's term of appointment.

Note: See item 7 for individuals who are members of multiple tribunals.

(5) Despite subitem (4), the Minister may, by writing, determine different terms and conditions (other than terms and conditions covered by a determination referred to in subitem (6)) that are to apply to the person for any part of the remaining balance of the person's term of appointment.

Remuneration Tribunal determinations

(6) A determination in operation under the Remuneration Tribunal Act 1973 immediately before the commencement day in relation to a member mentioned in subitem (1):

(a) continues in operation until another determination comes into operation in substitution for it; and

(b) before then, may be varied in accordance with that Act.

(7) For the purposes of making determinations under the Remuneration Tribunal Act 1973 on or after the commencement day in relation to a member mentioned in subitem (1), that Act applies for the remaining balance of the member's term of appointment as if the member continued to hold the office the member held immediately before that day.