Section 212 — Administrative Review Tribunal Act 2024: Acting appointments

President (1) The Minister may, by written instrument, appoint a person to act as the President: (a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the President: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (2) A person must not be appointed to act as the President in the circumstances mentioned in paragraph (1)(a) (vacancy in the office of President) unless: (a) the person is qualified, as mentioned in subsection 205(3), to be appointed as the President; and (b) the Minister has consulted the Chief Justice of the Federal Court. (2A) A person must not be appointed to act as the President in the circumstances mentioned in paragraph (1)(b) (absence, etc.) unless: (a) either: (i) the person is qualified, as mentioned in subsection 205(3), to be appointed as the President; and (ii) the Minister has consulted the Chief Justice of the Federal Court; or (b) the person is a member who is a Non-Judicial Deputy President. (2B) An appointment of a member who is a Non-Judicial Deputy President to act as the President as mentioned in paragraph (2A)(b) must not be for a period of more than 3 weeks. Other members (3) The Minister may, at the request of the President and by written instrument, appoint a person to act as a member other than the President: (a) during a vacancy in the office of a member other than the President (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when a member other than the President: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (4) A person must not be appointed to act as a member other than the President unless: (a) if the person is to act as a Judicial Deputy President: (i) the person is qualified, as mentioned in subsection 206(3), to be appointed as a Judicial Deputy President; and (ii) the Minister has consulted the Chief Justice of the court of which the person is a Judge; or (b) if the person is to act as a Non-Judicial Deputy President—the person is qualified, as mentioned in subsection 207(3), to be appointed as a Non-Judicial Deputy President; or (c) if the person is to act as a senior member—the person is qualified, as mentioned in subsection 208(3), to be appointed as a senior member; or (d) if the person is to act as a general member—the person is qualified, as mentioned in subsection 208(4), to be appointed as a general member. Extension of acting appointment (5) If a person has been appointed under this section to act as a member, the Minister may extend the person’s appointment if the Minister is satisfied that it is necessary to do so by reason of a pending proceeding or other special circumstances. (6) The extension must be made: (a) in writing; and (b) before the day that the member who was absent or unable to perform the duties of the member’s office returns to perform those duties. (7) The extension must not be for more than: (a) unless paragraph (b) applies—12 months; or (b) in the case of a Non-Judicial Deputy President appointed to act as the President as mentioned in paragraph (2A)(b)—3 weeks.