Member of independent panel ceases to be or becomes incapable of being a member
38ZE Member of independent panel ceases to be or becomes incapable of being a member
This section applies if a member of an independent panel—
ceases to be a member of the panel before the determination of an access regime dispute; or
Example
A person may cease to be a member if the person dies or is directed not to take part in the hearing of an access regime dispute under section 38ZD.
becomes incapable of participating in the hearing and determination of the access regime dispute.
Example
A person may become too ill to continue to be a member.
The Head, Transport for Victoria must—
(a) in the case where the member ceases to be a member of the panel before the determination of the access regime dispute, appoint another person as a member of the panel; and
in the case where the member becomes incapable of participating in the hearing and determination of the access regime dispute, remove the member and appoint another person as a member of the panel.
An independent panel constituted in accordance with this section may have regard to any record of proceedings for the hearing and determination of the access regime dispute of the independent panel as previously constituted.
S. 38ZF substituted by No. 68/2017 s. 88.
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