Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 9 - Tribunal guidance decisions  

SECTION 109   TRIBUNAL GUIDANCE DECISIONS  
General rule

109(1)    
A decision of the Tribunal is a Tribunal guidance decision if:

(a)    the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with:

(i) section 40 (exception - President refers application for review that raises issue of significance); or

(ii) section 41 (exception - President, on appeal, refers Tribunal decision that raises issue of significance); and

(b)    the decision is:

(i) made under section 105 (Tribunal decision on review of reviewable decision); and

(ii) not made in accordance with subsection 103(2) (decision agreed by parties); and

(c)    the decision is not declared under subsection (2) of this section to be an excluded decision.

Exception - declared by President

109(2)    
The President may, in writing, declare that a decision made under section 105 by the Tribunal constituted for the purposes of a proceeding in accordance with section 40 or 41 is an excluded decision.

109(3)    
A declaration made under subsection (2) is not a legislative instrument.

109(4)    
The President must publish declarations made under subsection (2) .