Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) When considering whether to appoint a person to the tribunal as a senior member or ordinary member, the Attorney-General must take reasonable steps to ensure that the tribunal has sufficient members with relevant interests, qualifications or experience to allow the tribunal to exercise its functions.
(2) As part of taking reasonable steps, the Attorney-General must consider the desirability of the tribunal including—
(a) not less than the number of members mentioned in an item in table 6.1, column 2, each of whom the Attorney-General is satisfied has the interest, qualification or experience mentioned in column 3 for the item; and
(b) not less than the number of members mentioned in an item in table 6.2, column 2 each of whom—
(i) is nominated by the health minister under subsection (3) for the item; or
(ii) was previously appointed to the ACAT in the person's capacity as a member mentioned in table 6.2, column 3.
(3) The health minister may nominate a person for an item of table 6.2 if satisfied that the person has the interest, qualification or experience mentioned in column 3 of the item.
(4) The health minister may nominate a health profession for table 6.2, item 1.
(5) In this section:
"health minister" means the Minister responsible for appointing the chief health officer.
Note The chief health officer is appointed under the Public Health Act 1997 , s 7.
Table 6.1 Senior and ordinary members generally
|
column 1 item |
column 2 minimum number of members |
column 3 interest, qualification or experience |
|---|---|---|
| 1 | 1 | understands the interests of credit providers and financial brokers |
| 2 | 1 | understands the interests of people who obtain customer credit from credit providers or through finance brokers |
| 3 | 1 | qualifications or experience in consumer affairs |
| 4 | 1 | qualifications or experience assisting or working with people suffering financial hardship |
| 5 | 1 | qualifications or experience in business |
| 6 | 1 | qualifications or experience in law, other than qualifications in item 7 or 8 |
| 7 | 3 | suitably qualified legal practitioners nominated by the bar council under the Legal Profession Act 2006 |
| 8 | 3 | suitably qualified legal practitioners nominated by the law society council under the Legal Profession Act 2006 |
| 9 | 1 | community members suitable to deal with the needs of mentally dysfunctional people |
| 10 | 1 | appropriate expertise, training or experience in relation to, and otherwise suitable to deal with, the needs of people who, because of a physical, mental, psychological or intellectual condition, need assistance or protection from abuse, exploitation or neglect |
Table 6.2 Senior and ordinary members nominated by health minister
|
column 1 item |
column 2 minimum number of members |
column 3 interest, qualification or experience |
|---|---|---|
| 1 | 10 | qualifications in each health profession nominated under s 6 (4) |
| 2 | 1 | psychiatrists |
| 3 | 1 | psychologists |
| 4 | 1 | suitable skills and experience to provide mental health clinical services, other than qualifications in item 2 or 3 |
Examples—table 6.2, item 4, column 3
mental health nurse, occupational therapist or social worker
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6) For subsection (2), a person is taken to have been previously appointed to the ACAT in the person's capacity as a member mentioned in table 6.2, column 3 if, immediately before the commencement of this section, the person was a member of the health professions tribunal established under the Health Professionals Act 2004 .
(7) Subsection (6) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(8) Subsections (6) and (7) and this subsection expire 6 months after the day this section commences.