Tribunal must have regard to Tribunal guidance decisions
110 Tribunal must have regard to Tribunal guidance decisions
General rule
When making a decision in a proceeding in the Tribunal, the Tribunal must have regard to Tribunal guidance decisions that the Tribunal considers raise:
facts similar to the facts raised by the proceeding; or
issues similar to the issues raised by the proceeding.
Exception—member who is a Judge
Subsection (1) does not apply to:
a member who is a Judge; or
the Tribunal constituted for the purposes of a proceeding by a member who is, or members at least one of whom is, a Judge.
Effect of failure to comply
A failure by the Tribunal to comply with subsection (1) does not affect the validity of the decision.
This Act’s bill:Explanatory memorandumSecond reading speech
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