Community Services Appeals Tribunal - Establishment

Establishment

The tribunal was established under section 92 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW). The Governor of New South Wales could appoint a person to be the President of the tribunal. This appointment is on the recommendation of the Minister after consultation with the Community Services Review Council The appointment could be for up to five years, and the President could be re-appointed and the position was a paid appointment.

The Minister could also appoint part-time members to the tribunal after consultation with the Council. One of those part-time members could be appointed as the Deputy President of the tribunal by the Minister. At least one of the members was to be a barrister or a solicitor. A part-time member could be appointed for up to five years and could be re-appointed again. Part-time members were paid a daily remuneration.

In appointing the members, the following persons could be considered:

(a) people with knowledge of and experience in administration, child care, community services, education, law, medicine, psychology and social work; (b) other people who the Minister considered had suitable qualifications or experience warranting their appointment. The appointment can be for up to seven years and the person can be re-appointed again for up to another seven years.

In practice, the tribunal would advertise for expressions of interests in member positions, and would select applicants based on merit. The tribunal took the view that this ensured that members were drawn from a wide pool of qualified applicants.

The President could only be removed from office for misbehaviour or incompetence, or if they obtained other full-time employment. Part-time members could be removed for any reason.