Rail Management Act 1996

If a person is, or is to be, a member of an independent panel and the person has or acquires any interests, pecuniary or otherwise, that could conflict with the proper performance of the functions of that person in relation to the hearing and determination of an access regime dispute—

the person must disclose the interest to the Head, Transport for Victoria; and

the person must not take part, or continue to take part, in the hearing and determination of the access regime dispute if—

the Head, Transport for Victoria gives a direction under subsection (2)(a); or

if the Head, Transport for Victoria has caused the interest of the person to be disclosed to the parties to the dispute, all the parties do not consent to the person being a member of the independent panel.

If the Head, Transport for Victoria receives a disclosure of an interest under subsection (1) or becomes aware that a person is, or is to be, a member of an independent panel in relation to a hearing and that the person has in relation to the hearing such an interest—

if the Head, Transport for Victoria considers that the person should not take part, or should not continue to take part, in the hearing—the Head, Transport for Victoria must give a direction to the person accordingly; or

in any other case—the Head, Transport for Victoria must cause the interest of the person to be disclosed to the parties to the dispute.