Section 279 — Administrative Review Tribunal Act 2024: Delegation by President

General rule (1) The President may, in writing, delegate the President’s functions or powers under this Act, another Act or an instrument made under an Act to: (a) a member; or (b) the Principal Registrar; or (c) a registrar; or (d) a staff member. Exception—functions and powers that must not be delegated (2) Despite subsection (1), the President must not delegate: (a) a function or power the President has because the President is: (i) a member of the Tribunal as constituted for the purposes of a proceeding; or (ii) a Council member; or (iii) authorised under section 281 to perform or exercise the function or power; or (ab) other than in accordance with subsection (2A)—a function or power under section 200 (giving directions) or subsection 203(3) (restricting member’s duties); or (b) a function or power under a provision listed in the following table. Functions and powers the President must not delegate Item Column 1 Provision Column 2 Summary of topic of provision 1 section 14 decision-maker 2 Division 3 of Part 4 practice directions 3 subsection 109(2) Tribunal guidance decisions 4 Division 5 of Part 7 referring questions of law 5 section 196 jurisdictional areas and lists 6 section 197 jurisdictional area leaders 7 section 199 assignment of members to jurisdictional areas 9 section 201 code of conduct 10 section 202 performance standard 12 section 222 President must notify Minister about grounds for termination 13 Subdivision B of Division 4 of Part 8 appointment and functions of Principal Registrar Functions and powers that may only be delegated to a Non-Judicial Deputy President (2A) The President may, in writing, delegate the President’s functions or powers under section 200 (giving directions) or subsection 203(3) (restricting member’s duties) to a member who is a Non-Judicial Deputy President. Delegates must comply with directions (3) In performing or exercising a function or power delegated under this section, the delegate must comply with any written directions of the President.