Section 205 — Administrative Review Tribunal Act 2024: Appointment of President

Appointment by Governor-General (1) The President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister. (2) Before the Minister makes a recommendation to the Governor-General, the Minister must: (a) consult the Chief Justice of the Federal Court; and (b) be satisfied that the person was assessed, by a panel established under section 209, as suitable for the appointment through an assessment process that: (i) was merit-based; and (ii) included public advertising of the position; and (iii) complied with the requirements (if any) prescribed by the regulations. Qualification for appointment (3) A person must not be appointed as the President unless the person is a Judge of the Federal Court. Period of appointment (4) The President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment. (5) If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified. Basis of appointment (6) The President must be appointed on a salaried basis. Reappointment (7) A person may be reappointed as the President by written instrument made within 6 months before the end of the period specified in the person’s instrument of appointment. (8) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the President under a previous appointment under subsection (1).