Administrative Justice Act (Cap. 490)
Administrative Justice Act (Cap. 490), article 23A
23A. (1) There shall be a commission to be known as the
Commission for Appointments and Discipline in Administrative
Tribunals, hereinafter in this Part and in Part IV ter referred to as the
"Commission", which shall be composed as follows:
(a) a Chairperson being a retir ed Judge or Magistrate; and
(b) f o u r ( 4 ) o t h e r m e m b e r s w h o s h a l l b e p e r s o n s o f k n o w n
integrity and recognised competence, possessing
substantial experience in public administration,
governance, regulation, administrative justice or other
fields related to the functions of administrative tribunals:
Provided that no member of the Commission shall participate
in any process concerning the appointment, evaluation, discipli ne or
removal from office where that member has a direct or indirect
interest, or where circumstances exist which may reasonably giv e rise
to doubt as to his impartiality .
(2) The Chairperson and the members shall be appointed by the
President of Malta acting on the advice of the Cabinet, and dif ferent
members may be appointed in different compositions of the
Commission entrusted with appointments to different administrat ive
tribunals.
(3) In the exercise of its functions, the Commission shall act
ADMINISTRATIVE JUSTICE [CAP. 490. 11
independently and shall not be subject to the orders or directi on of
any other person or authority.
(4) The remuneration of the Chairperson and of the members
of the Commission shall be a charge on the Consolidated Fund.
(5) There shall be a secretary to the Commission, appointed by
the Minister, who shall be responsible only for the administrat ive
functions of the Commission, without having any decision-making
power or voting right.
(6) The Commission may, where it considers it necessary, appoint
one (1) or more persons possessi ng relevant technical or sector al
knowledge or experience to assist it in the process of evaluati ng
candidates for a particular admin istrative tribunal. Such perso n shall
act solely in an advisory capacit y and shall have no right to v ote.
(7) A person appointed under sub-article (6) shall receive such
remuneration as may be establishe d by notice in the Gazette, an d such
remuneration shall be paid out of the Consolidated Fund.
Alternate
Chairpersons and
members.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.