Queensland Consolidated Acts

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MISCONDUCT TRIBUNALS ACT 1997 - SECT 19A

19A Disclosure of interests

(1) If a tribunal member becomes aware that the member has a conflict of interest in a proceeding before a tribunal constituted by the member, the member must disclose the issue giving rise to the conflict--

(a) if the member is the senior member--
(i) to the person appointed under section 9A(b) to act as the senior member during a vacancy in the office of senior member; and
(ii) to the parties to the proceeding; or
(b) otherwise--to the senior member and the parties to the proceeding.

(2) After making the disclosure--

(a) the member must disqualify himself or herself from the proceeding; and
(b) if the member is the senior member, the member is taken to have vacated the member's office as senior member for the remainder of the proceeding.

(3) If the disqualified member is not the senior member, the senior member must, under section 11, choose a member other than the disqualified member to reconstitute the tribunal.

(4) If the disqualified member is the senior member, the acting senior member must, under section 11, choose a member other than the disqualified member to reconstitute the tribunal.

(5) The tribunal as reconstituted must continue and finish the proceeding and, for that purpose, may have regard to any record relating to the proceeding made by the tribunal as previously constituted.



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