Section 33 — Administrative Review Tribunal Act 2024: Simplified outline of this Part

This Part deals with the process the Tribunal follows when an application is made. It contains the standard provisions for Tribunal proceedings. Other legislation can include provisions that apply in addition to, or instead of, these standard provisions. For example, standard requirements apply to applications to the Tribunal, but other legislation may specify additional or alternative requirements. Practice directions made by the President also deal with various matters relating to Tribunal proceedings and operations. Practice directions must be published. The President decides which member or members will exercise the Tribunal’s powers for a specific proceeding. This is referred to as constituting the Tribunal for the purposes of the proceeding. There are different requirements for constituting the Tribunal for different kinds of proceedings. For other ways the Tribunal’s powers can be exercised, see Division 4 of Part 11. General principles (for example in relation to accessibility and informality) apply to how the Tribunal runs proceedings. Specific requirements also apply to the Tribunal, applicants, decision-makers and other parties to proceedings. There are provisions dealing with the following: (a) participating in proceedings, including representation; (b) ways for parties to stop participating; (c) hearings, directions hearings and dispute resolution processes (together known as Tribunal case events); (d) obtaining and managing evidence and information, including public interest certificates; (e) orders the Tribunal may make in relation to proceedings. The Tribunal may dismiss an application without making a decision in some circumstances. Otherwise, in a review of a reviewable decision, the Tribunal must affirm, vary or set aside the decision. If the Tribunal sets aside the decision, it may make a substitute decision or remit the matter to the decision-maker to reconsider as ordered or recommended by the Tribunal. The timing and effect of some Tribunal decisions is set out. Once decisions are made, requirements apply to the Tribunal in relation to giving notice, giving statements of reasons and publishing decisions. Some guidance and appeals panel decisions are specified to be Tribunal guidance decisions. The Tribunal must have regard to these decisions in some future proceedings. There are a number of offences applying to giving evidence, non-publication and non-disclosure orders and contempt.