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Personal Data Protection Act 2010 [Act 709]

Part VII   cite [+]

APPEAL TRIBUNAL

83 Establishment of Appeal Tribunal   cite [+]

There is established an Appeal Tribunal for the purpose of reviewing any of the matters on appeal as set out in section 93.

84 Powers of Appeal Tribunal   cite [+]

(1) The Appeal Tribunal shall have the power-

(a) to summon parties to the proceedings or any other person to attend before it to give evidence in respect of an appeal;

(b) to procure and receive evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses as the Appeal Tribunal considers necessary;

(c) where a person is so summoned, to require the production of any information, document or other thing in his possession or under his control which the Appeal Tribunal considers necessary for the purposes of the appeal;

(d) to administer any oath, affirmation or statutory declaration, as the case may require;

(e) where a person is so summoned, to allow the payment for any reasonable expenses incurred in connection with his attendance;

(f) to admit evidence or reject evidence adduced, whether oral or documentary, and whether admissible or inadmissible under the provisions of any written law relating to the admissibility of evidence;

(g) to adjourn the hearing of an appeal from time to time, including the power to adjourn to consider its decision; and

(h) generally to direct and do all such matters as may be necessary or expedient for the expeditious decision of the appeal.



(2) The Appeal Tribunal shall have the powers of a subordinate court with regard to the enforcement of attendance of witnesses, hearing evidence on oath or affirmation and punishment for contempt.

85 Members of Appeal Tribunal   cite [+]

(1) The Appeal Tribunal shall consist of the following members who shall be appointed by the Minister:

(a) a Chairman; and

(b) at least two other members, or such greater number of members as the Minister thinks necessary.


(2) The Minister shall appoint a person who is a member of the Judicial and Legal Service of the Federation for at least ten years to be the Chairman of the Appeal Tribunal.

(3) The appointment of the members of the Appeal Tribunal shall be published by notification in the Gazette.

86 Secretary to Appeal Tribunal and other officers, etc.   cite [+]

(1) The Minister shall appoint a Secretary to the Appeal Tribunal on such terms and conditions as he thinks desirable.

(2) The Secretary to the Appeal Tribunal shall be responsible for the administration and management of the functions of the Appeal Tribunal.

(3) The Minister may appoint such number of officers and servants as the Minister thinks fit to assist the Secretary to the Appeal Tribunal in carrying out his functions under subsection (2).

(4) The Secretary to the Appeal Tribunal shall have the general control of the officers and servants of the Appeal Tribunal.

(5) For the purposes of this Act, the Secretary to the Appeal Tribunal and the officers appointed under subsection (3) shall be deemed to be officers of the Appeal Tribunal.

87 Tenure of office   cite [+]

A member of the Appeal Tribunal appointed under subsection 85(1) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked-

(a) hold office for a term not exceeding three years; and

(b) shall be eligible for reappointment upon the expiry of his term of office, but shall not be appointed for more than two consecutive terms.

88 Resignation and revocation of appointment   cite [+]

(1) The Minister may at any time revoke the appointment of a member of the Appeal Tribunal and shall state the reason for such revocation.

(2) A member of the Appeal Tribunal appointed under subsection 85(1) may at any time resign from his office by giving a written notice addressed to the Minister fourteen days prior to the intended date of resignation.

89 Temporary exercise of functions of Chairman   cite [+]

(1) The Minister may temporarily appoint any member of the Appeal Tribunal to act as the Chairman for the period when-

(a) the Chairman is by reason of illness, leave of absence or any other cause unable to perform his functions for any substantial period; or

(b) the office of the Chairman is vacant.


(2) A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

90 Vacation of office   cite [+]

The office of a member of the Appeal Tribunal shall be vacated-

(a) if he dies;

(b) if there has been proved against him, or he has been convicted of, a charge in respect of-

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

(c) if his conduct, whether in connection with his duties as a member of the Appeal Tribunal or otherwise, has been such as to bring discredit on the Appeal Tribunal;

(d) if he becomes bankrupt;

(e) if he is of unsound mind or otherwise incapable of discharging his duties;

(f) if he fails to comply with his obligations under section 92;

(g) if his performance as a member of the Appeal Tribunal has been unsatisfactory for a significant period of time;

(h) if his appointment is revoked by the Minister; or

(i) if his resignation is accepted by the Minister.

91 Allowances   cite [+]

(1) The Chairman of the Appeal Tribunal appointed under paragraph 85(1)(a) shall be paid such fixed allowances and other allowances as the Minister may determine.

(2) The other members of the Appeal Tribunal appointed under paragraph 85(1)(b) shall be paid-

(a) daily sitting allowances during the sitting of the Appeal Tribunal; and

(b) lodging, travelling and subsistence allowances, as the Minister may determine.

92 Disclosure of interest   cite [+]

(1) A member of the Appeal Tribunal shall disclose, as soon as practicable, to the Chairman any interest, whether substantial or not, which might conflict with the member's duties as a member of the Appeal Tribunal in a particular matter.

(2) If the Chairman is of the opinion that the member's interest is in conflict with his duties as a member of the Appeal Tribunal, the Chairman shall inform all the parties to the matter of the conflict.

(3) If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Appeal Tribunal in relation to that matter.

(4) If a party to the matter objects to the conflict, the member of the Appeal Tribunal shall not continue to execute his duties as a member of the Appeal Tribunal in relation to that matter.

(5) The failure by the member to disclose his interest under subsection (1) shall-

(a) invalidate the decision of the Appeal Tribunal, unless all parties agree to be bound by the decision; and

(b) subject the member to the revocation of his appointment under section 88.



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