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  6. Quorum recusal and substitution
Procedural matters relating to tribunal hearings

Quorum, recusal and substitution

  1. A tribunal will usually be constituted of three members. 

  2. A tribunal or individual tribunal member may at any time, either of their own volition or on the application of a party, identify the need to recuse themselves from participating further in a hearing. Any decision for recusal must be determined by the tribunal. 

  3. Where a tribunal becomes inquorate for any reason, including recusal, the hearing will adjourn immediately as the tribunal will be unable to make any further decisions.  

  4. Where a tribunal becomes inquorate for any reason, including recusal, once the hearing has been adjourned two decisions will be made: 
    • A decision by the MPTS regarding substitution, or whether to convene a freshly constituted tribunal, considering the interests of justice and any submissions from the parties,44 and 
    • the decision, after hearing submissions from the parties, as to the arrangements for resuming the hearing.45  
  1. Where a substitution is made and the hearing continues, the proceedings are still valid notwithstanding the change in tribunal constitution.46 

44 Rule 60(6),(7).

45 Rule 60(5).

46 Rule 60(4).