Industrial Relations Act 1996

The President of the Commission may replace the member, or one of the members, constituting the Commission after the hearing of a matter has commenced if the member becomes unavailable for any reason, or ceases to be a member, before the matter is determined.

Subsection (1) does not apply to proceedings before the Commission in Court Session unless the parties consent.

The Commission as reconstituted must have regard to the evidence and decisions given or made in relation to the matter before the Commission was reconstituted.

If a matter arises in proceedings before the Commission, otherwise than in Court Session, that is within the jurisdiction of the Commission in Court Session, the Commission may continue to deal with the matter as the Commission in Court Session if—

the Commission is duly constituted or reconstituted by a judicial member or judicial members, and

a member who is not a judicial member does not take part in the proceedings on the matter, and

only the evidence given in the existing proceedings before the Commission that is admissible in evidence in proceedings before the Commission in Court Session may be taken into account in determining the matter.

This section does not apply to criminal proceedings.