Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 9   Transitional and saving provisions

Part 2   Tribunal members and certain officers

5   Transitional - members of the MRT, RRT and SSAT

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

(a) a tribunal member mentioned in an item in column 1 of the table in subitem (2); or

(b) a person acting as such a member.

Kind of member

(2) For the purposes of the operation of the AAT Act on and after the commencement day, the person is taken to hold office as a member of the AAT as mentioned in column 2 for that item in the following table, for the balance (the remaining balance ) of the person's term of appointment that remained immediately before that day.

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

(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.

(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 an item in column 1 of the table in subitem (2) (a continuing member ):

(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 continuing member, 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.