Administrative Review Tribunal Act 2024
Sections and provisions with full text and the judgments that cite each one.
Section 231 — Other paid work
The Principal Registrar must not engage in paid work outside the duties of the Principal Registrar’s office without the President’s approval.
Section 232 — Disclosure of interests
(1) A disclosure by the Principal Registrar under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the…
Section 233 — Resignation
(1) The Principal Registrar may resign the Principal Registrar’s appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the…
Section 234 — Termination of appointment
(1) The Governor-General may, on the recommendation of the Minister, terminate the appointment of the Principal Registrar if: (a) the Principal Registrar is convicted of an indictable offence; or (b)…
Section 235 — Additional terms and conditions
The Principal Registrar 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 236 — Tribunal Advisory Committee
(1) The Tribunal Advisory Committee is established by this section. Membership (2) The Tribunal Advisory Committee consists of: (a) the President; and (b) the Principal Registrar; and (c) the…
Section 237 — Appointment of registrars
Appointment by Principal Registrar (1) A registrar is to be appointed by the Principal Registrar by written instrument. Qualification for appointment (2) A person must not be appointed as a registrar…
Section 238 — Staff
(1) The staff of the Tribunal must be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Principal Registrar and the APS employees…
Section 239 — APS employees and others made available
(1) The Tribunal may be assisted by the following persons, whose services are made available to the Tribunal in connection with the performance or exercise of any of the Tribunal’s functions or…
Section 240 — Consultants
The Principal Registrar may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Tribunal’s functions.
Section 241 — Application of finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the Principal…
Section 242 — Report by President
(1) As soon as practicable after 30 June in each financial year, the President must prepare a report on the management of the administrative affairs of the Tribunal during the financial year. (2) The…
Section 243 — Registries
The Minister must cause such registries of the Tribunal to be established as the Minister thinks fit, but so that at least one registry shall be established in each State, in the Australian Capital…
Section 244 — Proceedings arising out of management of Tribunal
Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Tribunal, including any proceeding relating to anything done by the President…
Section 245 — Simplified outline of this Part
This Part establishes the Administrative Review Council. The Council is separate from the Tribunal. The Council does not review individual decisions. Its functions relate to the Commonwealth…
Section 246 — Administrative Review Council
The Administrative Review Council is established by this section.
Section 247 — Membership of Council
(1) The Administrative Review Council consists of the following members: (a) the President; (b) the Commonwealth Ombudsman; (c) the Australian Information Commissioner; (d) at least 3, but not more…
Section 248 — Application of finance law
(1) For the purposes of paragraph (a) of the definition of Department of State in section 8 of the Public Governance, Performance and Accountability Act 2013, the Administrative Review Council is…
Section 249 — Functions and powers of Council
(1) The Council has the following functions: (a) to monitor the integrity and operation of the Commonwealth administrative law system; (b) to: (i) inquire into the adequacy of procedures used in…
Section 250 — Reports by Council
(1) When the Council concludes its consideration of a matter in respect of which the Council has determined a report is to be prepared, the Council must prepare a report on the matter and give the…
Section 251 — Meetings of Council
Convening meetings (1) The Council must hold such meetings as are necessary for the efficient performance of its functions. (2) The Chair of the Council may convene a meeting at any time. Presiding…
Section 252 — Appointment of certain Council members
(1) Appointed members are to be appointed by the Governor-General by written instrument. (2) An appointed member holds office on a part-time basis.
Section 253 — Appointment of Chair of Council
(1) One Council member is to be appointed by the Governor-General by written instrument as the Chair of the Council. (2) An appointed member whose instrument of appointment contains a statement of…
Section 254 — Qualification for appointment
(1) A person is not to be appointed as an appointed member unless the person: (a) has an extensive knowledge of administrative law or public administration; or (b) has extensive experience providing…
Section 255 — Period of appointment
General rule (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Exception—appointment for specified project (2) An…
Section 256 — Acting appointments
The Minister may, by written instrument, appoint a Council member to act as the Chair of the Council: (a) during a vacancy in the office of the Chair of the Council (whether or not an appointment has…
Section 257 — Remuneration
(1) An appointed 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 258 — Leave
The Minister may grant leave of absence to an appointed member on the terms and conditions that the Minister determines.
Section 259 — Disclosure of interests
(1) A Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Council must disclose the nature of the interest to a meeting of the…
Section 260 — Resignation
(1) An appointed member may resign the appointed member’s appointment by giving the Governor-General a written resignation. (2) The Chair of the Council may resign the Chair’s appointment as the…
Section 261 — Termination of appointment
Termination of appointed members (1) The Governor-General may, on the recommendation of the Minister, terminate the appointment of an appointed member if: (a) the appointed member is convicted of an…
Section 262 — Additional terms and conditions
An appointed 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 263 — Arrangements relating to staff of the Department
(1) The staff assisting the Council are to be APS employees in the Department whose services are made available to the Council, by the Secretary of the Department, in connection with the performance…
Section 264 — Annual report
(1) After the end of each financial year, the Council must prepare and give a report to the Minister for presentation to the Parliament on the operations of the Council during that financial year.…
Section 265 — Simplified outline of this Part
Generally, decision-makers must take reasonable steps to give notice of reviewable decisions to anyone whose interests are affected. This requirement also applies to some decisions that are related…
Section 266 — Decision-maker to give notice of decision and review rights
When this section applies (1) If any decision in a review pathway is or would be a reviewable decision, this section applies in relation to every decision in the review pathway. (2) However, this…
Section 267 — Decision-maker must have regard to rules when giving notice of decision
When this section applies (1) If any decision in a review pathway is or would be a reviewable decision, this section applies in relation to every decision in the review pathway. (2) However, this…
Section 268 — Requesting reasons for reviewable decision from decision-maker
(1) A person whose interests are affected by a reviewable decision may request the decision-maker to give the person a statement of reasons for the decision. Note 1: For which decisions are…
Section 269 — Decision-maker to give statement of reasons
When this section applies (1) This section applies if a person requests the decision-maker for a reviewable decision to give the person a statement of reasons for the decision under section 268.…
Section 270 — Applying to Tribunal to obtain reasons for reviewable decision
When this section applies (1) This section applies if a person requests the decision-maker for a reviewable decision to give the person a statement of reasons for the decision under section 268 and:…
Section 271 — Applying to Tribunal to obtain adequate statement of reasons
When this section applies (1) This section applies if: (a) both of the following apply: (i) a person requests the decision-maker for a reviewable decision to give the person a statement of reasons…
Section 272 — Public interest certificate in relation to statement of reasons
(1) The Attorney-General of the Commonwealth may certify, in writing, that the disclosure of specified information in a statement of reasons for a decision would be contrary to the public interest…
Section 273 — Simplified outline of this Part
Limitations apply to production and disclosure of some documents and information by entrusted persons. An entrusted person is any person who is, or has been, a member, the Principal Registrar, a…
Section 274 — Protected information and documents
General rule (1) An entrusted person must not be required to produce or disclose a protected document or protected information to a court, tribunal, authority or person (other than a parliament) that…
Section 275 — Evidence about Tribunal proceedings
An entrusted person must not be required to give evidence to a court, tribunal, authority or person (other than a parliament) in relation to any Tribunal proceeding.
Section 276 — Application of confidentiality provisions in other Acts and instruments
(1) If: (a) a provision of an Act (other than this Act) or an instrument made under an Act prohibits the disclosure of information by persons who: (i) are included in a particular class of persons;…
Section 278 — Delegation by Minister
General rule (1) The Minister may, in writing, delegate the Minister’s functions or powers under this Act to: (a) the Secretary of the Department; or (b) the President. Exception—functions and powers…
Section 279 — 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…
Section 280 — Delegation by Principal Registrar
General rule (1) The Principal Registrar may, in writing, delegate the Principal Registrar’s functions or powers under this Act, another Act or an instrument made under an Act to a registrar or staff…
Section 281 — Who may perform or exercise functions or powers
(1) A function or power of the Tribunal in relation to a proceeding may be performed or exercised as follows: (a) by the Tribunal as constituted for the purposes of the proceeding; (b) before the…