Administrative Review Tribunal Act 2024 (40 of 2024)
Part 6 Proceedings in Intelligence and Security jurisdictional area
Division 3 Proceedings
145 Constitution of Tribunal - general rule
When this section applies
(1) This section applies:
(a) in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area, other than a proceeding for review of a preventative detention decision; and
(b) instead of section 39 (general rules for constitution of Tribunal).
Note: Section 39 continues to apply in relation to incidental and ancillary proceedings, such those dealing with costs and extensions of time.
Constitution of Tribunal - general rule
(2) The Tribunal must be constituted for the purposes of the proceeding by:
(a) the President; or
(b) a Deputy President; or
(c) 3 members, at least one of whom is the President or a Deputy President.
Note: For constitution of the Tribunal, see Division 4 of Part 4 (constitution of Tribunal for a proceeding), and for reconstitution of the Tribunal, see Subdivision D of that Division.
Presiding member
(3) If the Tribunal is constituted for the purposes of the proceeding by 3 members, the presiding member must be:
(a) if the President is one of the members - the President; or
(b) if the President is not one of the members but one or more Judges are - the most senior (or only) Judge; or
(c) if paragraphs (a) and (b) do not apply - a Deputy President.
Avoiding conflicts of interest - members who were agency heads
(4) However, none of the members can be a person who is, or was, the head of an agency within the national intelligence community if:
(a) in any case - the agency is a party to the proceeding; or
(b) if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.
Avoiding conflicts of interest - members who were certain Ministers
(5) In addition, none of the members can be a person who was:
(a) in any case - the Treasurer; or
(b) the Minister responsible for an agency within the national intelligence community if:
(i) the agency is a party to the proceeding; or
(ii) if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.