Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
|
Assistants to adjudicators | ||
|
81. (1) The Commission may from time to time— | ||
(a) require any employee of the Commission, or | ||
(b) appoint such persons (including any consultant or adviser) as it considers necessary, | ||
to assist adjudicators, or an individual adjudicator (including the Chief Adjudicator), in the performance of functions under this Act. | ||
(2) Persons assisting an adjudicator in accordance with subsection (1) shall not provide such assistance in connection with any matter in which they have or may have a conflict of interest. | ||
(3) The Chief Adjudicator may at any time direct that an employee of the Commission required to assist the adjudicators, or an individual adjudicator, under subsection (1)(a) in the performance of powers and functions under this Act, be reassigned by the Commission. | ||
(4) Persons required to, or appointed to as the case may be, assist adjudicators under subsection (1) may perform other tasks on behalf of the Commission, including performing tasks in any investigation in which they have not been, and will not be, involved in assisting an adjudicator under this section, but they shall be solely responsible to the Chief Adjudicator, or to the adjudicator or adjudicators to which they have been individually assigned, in relation to providing assistance in accordance with subsection (1). | ||
(5) Employees of the Commission who have been required to assist adjudicators under subsection (1)(a) and persons appointed by the Commission to assist adjudicators under subsection (1)(b) shall not be subject to the direction of any member or employee of the Commission, (other than, where such member or employee is the adjudicator) in relation to the performance of the functions referred to in that subsection. | ||
(6) Nothing in subsection (5) shall preclude an employee of the Commission or other person appointed by the Commission being subject to the direction of a member or employee of the Commission in relation to the performance of functions not referred to in subsection (1)(a). | ||
(7) Without prejudice to the responsibility of the Commission for employment and for entering into contracts and determining all matters relevant thereto, where an adjudicator has made a determination that specific assistance is required in a particular matter referred to the adjudicator for a decision under section 90 , the adjudicator shall be consulted on decisions concerning the appointment and assignment of a person to provide assistance to the adjudicator. | ||
(8) The Minister may prescribe detailed requirements governing the appointment and assignment of persons to assist adjudicators under subsection (1)(b). | ||
(9) The Minister may, where it is necessary to enable the proper functioning of the Commission, make regulations prescribing such limited exceptional circumstances in which persons referred to in subsection (5) may be subject to a direction referred to in that subsection. |