General rule
(1) When making a decision in a proceeding in the Tribunal, the Tribunal must have regard to Tribunal guidance decisions that the Tribunal considers raise:
(a) facts similar to the facts raised by the proceeding; or
(b) issues similar to the issues raised by the proceeding.
Exception--member who is a Judge
(2) Subsection (1) does not apply to:
(a) a member who is a Judge; or
(b) the Tribunal constituted for the purposes of a proceeding by a member who is, or members at least one of whom is, a Judge.
Effect of failure to comply
(3) A failure by the Tribunal to comply with subsection (1) does not affect the validity of the decision.