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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) . - I move -

At the end of the clause add the following: - " , but shall not include the presidential member who heard, or presided at the hearing of, the proceedings in which the determination of which a reconsideration is sought was made ".

The clause is a simple one. Representations have been put to the Government by, among others, some of my colleagues on this side of the chamber - for instance, the honorable member for Moreton (Mr. Killen) made this representation quite strongly - that none of the three members of the Review Division of the Tribunal should be the presidential member of the original Tribunal against whose determination the review is being sought. I am confident that the Committee will accept the amendment.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 63. (1.) Where the Tribunal has made a determina tion in any proceedings, a party to the proceedings may, within the time allowed by or under the regulations and in the prescribed manner, file with the Registrar an application for an order of a Review Division of the Tribunal directing a reconsideration of the determination on any of the following grounds: -

(a)   that the determination is based on reasons that are inconsistent with the reasons for another decision of the Tribunal;

(b)   that the determination is of such importance that, in the public interest, it should be reconsidered; or

(c)   that a material error of law was made by the Tribunal in the hearing or determining of the proceedings.

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