Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 2 - Members of Tribunal  

Subdivision B - Jurisdictional areas and lists  

SECTION 197   JURISDICTIONAL AREA LEADERS  
Assignment of jurisdictional area leaders

197(1)    
The Minister may, in consultation with the President, assign either or both of the following to be a leader of one or more jurisdictional areas:

(a)    the President;

(b)    a Non-Judicial Deputy President appointed on a salaried basis.

197(2)    
The Minister may, on the recommendation of the President, vary or revoke an assignment under subsection (1) .

197(3)    
The President must not make a recommendation to the Minister to vary or revoke an assignment under subsection (1) unless:

(a)    the assignment has been in effect for more than 6 months; and

(b)    the President is satisfied that the variation or revocation would meet the operational needs of the Tribunal.

(4)    
If an assignment under subsection (1) is made in writing, the assignment is not a legislative instrument.

Functions of jurisdictional area leaders

197(5)    
A jurisdictional area leader has the following functions:

(a)    to provide intellectual leadership to members assigned to the jurisdictional area, including by promoting best practice in decision-making by those members;

(b)    to assist the President to ensure that the Tribunal operates efficiently and effectively and continually pursues the objective in section 9 across all jurisdictional areas;

(c)    to oversee, and respond to issues and trends in, the caseload strategy of the jurisdictional area in consultation with the President;

(d)    to assist the President to manage the performance and conduct of members assigned to the jurisdictional area;

(e)    to provide training, education and professional development opportunities to members assigned to the jurisdictional area;

(f)    to identify systemic issues related to the making of reviewable decisions arising in the caseload of the jurisdictional area and to inform the President of those issues.

Acting jurisdictional area leaders

197(6)    
The Minister may, in consultation with the President, assign a Non-Judicial Deputy President appointed on a salaried basis or a senior member appointed on a salaried basis to act, for a period of no more than 3 months, as a jurisdictional area leader in relation to a jurisdictional area:

(a)    during a vacancy in the position of a jurisdictional area leader in relation to the jurisdictional area (whether or not an assignment has previously been made to the position); or

(b)    during any period, or during all periods, when a jurisdictional area leader in relation to the jurisdictional area:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the position.