Administrative Review Tribunal Act 2024

PART 5 - GUIDANCE AND APPEALS PANEL  

Division 3 - Party may apply to refer Tribunal decision to guidance and appeals panel  

Subdivision B - After application to refer decision is made  

SECTION 128   PRESIDENT DECIDES WHETHER TO REFER TRIBUNAL DECISION TO GUIDANCE AND APPEALS PANEL  
President ' s decision

128(1)    
If a person applies to refer a decision of the Tribunal (the Tribunal decision ) to the guidance and appeals panel, the President may refer the Tribunal decision to the guidance and appeals panel or refuse the application.

Requirements for decision

128(2)    
The President may refer the Tribunal decision to the guidance and appeals panel if the President is satisfied that:

(a)    the Tribunal decision raises an issue of significance to administrative decision-making; or

(b)    the Tribunal decision may contain an error of fact or law materially affecting the Tribunal decision.

128(3)    
However, the President must not refer the Tribunal decision to the guidance and appeals panel in any of the following circumstances:

(a)    a fee payable in relation to the application is not paid by the time prescribed by the rules;

(b)    a circumstance prescribed by the rules.

128(4)    
In deciding whether to refer the Tribunal decision to the guidance and appeals panel or refuse the application under this section, the President must have regard to:

(a)    the circumstances of the parties to the proceeding in which the Tribunal decision is made; and

(b)    any other matters that the President considers relevant.

128(5)    
To avoid doubt, the President is not required to refer any decision of the Tribunal to the guidance and appeals panel.