Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 16   Transitional provisions

Part 7   Members of the Tribunal and Chief Executive Officer and Principal Registrar

32   AAT members not appointed as ART members

(1) This item applies if:

(a) a person was a full-time member of the AAT immediately before the transition time; and

(b) the person is not covered by a previous provision of this Part.

(2) The Commonwealth must pay the person compensation as follows:

(a) if, at the transition time, the remainder of the term for which the person was appointed as a member of the AAT is 4 months or more - an amount equal to 4 months remuneration;

(b) if, at the transition time, the remainder of the term for which the person was appointed as a member of the AAT is less than 4 months - the amount the person would have received as remuneration for the remainder of that term.

(3) No other compensation is payable by the Commonwealth in relation to the person's appointment as a member of the AAT.

(4) To avoid doubt:

(a) the amount mentioned in paragraph (2)(a) or (b) is to be calculated by reference to the person's remuneration immediately before the transition time; and

(b) the Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 does not apply in relation to the person's appointment as a member of the AAT.