Administrative Review Tribunal Act 2024
Sections and provisions with full text and the judgments that cite each one.
Section 181 — Federal Court Rules
(1) Rules of Court made under the Federal Court of Australia Act 1976 may make provision in relation to the transfer of appeals under this Division. (2) In particular, the Rules of Court may set out…
Section 182 — When this Division applies
This Division applies if: (a) an appeal is made to the Federal Court from a decision of the Tribunal; and (b) either: (i) the Federal Court remits the matter to the Tribunal to be decided again; or…
Section 183 — Constitution of Tribunal
(1) The Tribunal does not need to be constituted for the review by the person or persons who made the decision. (2) To avoid doubt, constituting the Tribunal for the review is not a reconstitution…
Section 184 — Tribunal may rely on previous proceedings
The Tribunal may have regard to: (a) any record of the proceeding in the Tribunal prior to the appeal (including a record of any evidence taken in the proceeding); and (b) any document or thing…
Section 185 — Referring questions of law
(1) The Tribunal may, with the agreement of the President, refer a question of law arising in a proceeding in the Tribunal to the Federal Court for decision. (2) The Tribunal may do so: (a) at the…
Section 186 — When this Division applies
This Division applies if: (a) a party to a proceeding in the Tribunal appeals to the Federal Court from a decision of the Tribunal (see sections 172 and 173); or (b) the Tribunal refers a question of…
Section 187 — Sending documents
(1) The Tribunal must send to the Federal Court all documents that: (a) were before the Tribunal in connection with the proceeding; and (b) are relevant to the appeal or reference. (2) If the Federal…
Section 188 — Returning documents
(1) At the conclusion of the proceeding before the Federal Court in relation to the appeal or reference, the Court must return to the Tribunal the documents sent to the Court under this Division. (2)…
Section 189 — Disclosure contrary to public interest
When this section applies (1) This section applies if: (a) a document is sent to the Federal Court under this Division; and (b) a certificate in force under one of the following provisions certifies…
Section 190 — Disclosure of security clearance documents
When this section applies (1) This section applies if a document sent to the Federal Court under this Division: (a) is a copy of a standard (or part of a standard) mentioned in subsection 143(1); or…
Section 191 — Disclosure to officers of the court
Nothing in this Division prevents the disclosure of a document, information or a matter contained in a document to an officer of a court who is performing duties as such an officer.
Section 192 — Simplified outline of this Part
The Tribunal has different jurisdictional areas. Lists may be established as sub-areas within jurisdictional areas. The President, or some Non-Judicial Deputy Presidents, may lead a jurisdictional…
Section 193 — Functions of President
The President has the following functions: (a) to participate as a member of the Tribunal, particularly in proceedings involving complex, significant or sensitive matters; (b) if assigned under…
Section 194 — Functions of Deputy Presidents
Judicial Deputy President (1) A Judicial Deputy President has the following functions: (a) to participate as a member of the Tribunal, particularly in proceedings involving complex, significant or…
Section 195 — Functions of senior and general members
Senior members (1) A senior member has the following functions: (a) to participate as a member of the Tribunal, particularly in proceedings involving more complex matters; (b) to assist each…
Section 196 — Jurisdictional areas and lists
(1) The following jurisdictional areas of the Tribunal are established: (a) General; (b) Intelligence and Security; (c) Migration; (d) National Disability Insurance Scheme; (e) Protection; (f) Social…
Section 197 — Jurisdictional area leaders
Assignment of jurisdictional area leaders (1) The Minister may, in consultation with the President, assign either or both of the following to be a leader of one or more jurisdictional areas: (a) the…
Section 198 — Assignment of members to lead lists
Assignments (1) The President may assign a Deputy President or senior member to lead one or more lists. (2) Subject to subsection (4), the President may vary or revoke an assignment under subsection…
Section 199 — Assignment of members to jurisdictional areas
Deputy Presidents (1) A Deputy President is assigned to every jurisdictional area. Senior member leading a list (2) A senior member assigned to lead a list is assigned to the jurisdictional area…
Section 200 — President may give directions to members
(1) The President may give a written direction to a non-judicial member relating to the performance of the member’s duties. (2) The member must comply with the direction. (3) A direction given under…
Section 201 — Code of conduct
(1) The President must, in writing, determine a code of conduct for non-judicial members. Note: A serious breach of the code of conduct may lead to termination of a non-judicial member’s appointment…
Section 202 — Performance standard
(1) The President must, in writing, determine a performance standard for non-judicial members. Note: A serious breach of the performance standard may lead to termination of a non-judicial member’s…
Section 203 — President may investigate conduct of members
(1) This section applies if the President forms the opinion that a non-judicial member may have engaged in conduct that: (a) may constitute a breach of the code of conduct; or (b) may constitute a…
Section 204 — Protection of persons involved in investigating conduct of members etc.
(1) A person who is performing or exercising functions or powers under or for the purposes of section 203 in relation to conduct that was, or may have been, engaged in by a member, or assisting in…
Section 205 — 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…
Section 206 — Appointment of Judicial Deputy Presidents
Appointment by Governor-General (1) A Judicial Deputy President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister. (2) Before the Minister makes…
Section 207 — Appointment of Non-Judicial Deputy Presidents
Appointment by Governor-General (1) A Non-Judicial Deputy President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister. (2) Before the Minister…
Section 208 — Appointment of senior members and general members
Appointment by Governor-General (1) A senior member or general member is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister. (2) Before the Minister…
Section 209 — Minister must establish assessment panel
(1) The Minister must, from time to time, establish one or more panels (assessment panels) of persons for the purposes of assessing whether a candidate or candidates are suitable for appointment…
Section 210 — Appointment of a Judge not to affect tenure etc.
(1) The appointment of a Judge as a member, or service by a Judge as a member, does not affect: (a) the Judge’s tenure of office as a Judge; or (b) the Judge’s rank, title, status, precedence,…
Section 211 — Extension of appointment
(1) The Minister may, at the request of the President and by written instrument, extend a member’s appointment if, apart from this section, the member’s appointment would cease to have effect (other…
Section 212 — 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…
Section 213 — Oath or affirmation of office
(1) A person who is appointed or reappointed as a member or to act as a member must, before beginning to discharge the duties of the member’s office, take an oath or affirmation. (2) The oath or…
Section 214 — Remuneration
(1) A non-judicial member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Remuneration Tribunal is in operation, the…
Section 215 — Leave
Salaried members (1) A salaried member has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the President leave of absence, other than…
Section 216 — Other paid work
Salaried non-judicial members (1) A non-judicial member appointed on a salaried basis must not engage in paid work outside the duties of the member’s office without the President’s approval.…
Section 217 — Appearances before Tribunal
(1) A person covered by subsection (2) must not appear in a proceeding in the Tribunal: (a) as a representative of a party to the proceeding; or (b) as an expert witness in the proceeding. (2) The…
Section 218 — Disclosure of interests
General duty to disclose interests (1) If a member has an interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the member’s duties, the member must…
Section 219 — Register of interests
(1) The President must keep a register of disclosures made under section 218. (2) The President may keep the register by electronic means. (3) The register must contain, for each disclosure: (a) the…
Section 220 — Resignation
(1) A member may resign the member’s appointment by giving the Governor-General a written resignation. (2) The member must also give a copy of the written resignation to the President. (3) The…
Section 221 — Termination of appointment
(1) The Governor-General may, on the recommendation of the Minister, terminate the appointment of a non-judicial member if: (a) the member is convicted of an indictable offence; or (b) the member is…
Section 222 — President must notify Minister about grounds for termination
If the President reasonably believes that there are grounds for terminating a non-judicial member’s appointment under section 221, the President must notify the Minister as soon as possible.
Section 223 — Additional terms and conditions
A non-judicial member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Section 224 — Management of administrative affairs of Tribunal
(1) The President is responsible for managing the administrative affairs of the Tribunal. (2) The administrative affairs of the Tribunal do not include the corporate and registry services of the…
Section 225 — Principal Registrar
There is to be a Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal.
Section 226 — Functions of Principal Registrar
(1) The Principal Registrar has the following functions: (a) to assist the President in managing the administrative affairs of the Tribunal; (b) to assist the Tribunal to pursue the objective in…
Section 227 — Appointment of Principal Registrar
Appointment by Governor-General (1) The Chief Executive Officer and Principal Registrar is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister. (2)…
Section 228 — Acting appointments
The President may, by written instrument, appoint a person to act as the Principal Registrar: (a) during a vacancy in the office of Principal Registrar (whether or not an appointment has previously…
Section 229 — Remuneration
(1) The Principal Registrar is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Remuneration Tribunal is in operation, the…
Section 230 — Leave
(1) The Principal Registrar has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The President may grant the Principal Registrar leave of absence, other than…