Administrative Review Tribunal Act 2024 (40 of 2024)

Part 8   Members and staff of Tribunal

Division 3   Member appointment provisions

Subdivision A   Appointment of members

205   Appointment of President

Appointment by Governor-General

 

(1) The President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.

      

(2) Before the Minister makes a recommendation to the Governor-General, the Minister must:

(a) consult the Chief Justice of the Federal Court; and

(b) be satisfied that the person was assessed, by a panel established under section 209, as suitable for the appointment through an assessment process that:

(i) was merit-based; and

(ii) included public advertising of the position; and

(iii) complied with the requirements (if any) prescribed by the regulations.

Qualification for appointment

      

(3) A person must not be appointed as the President unless the person is a Judge of the Federal Court.

Period of appointment

      

(4) The President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

      

(5) If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified.

Basis of appointment

      

(6) The President must be appointed on a salaried basis.

Reappointment

      

(7) A person may be reappointed as the President by written instrument made within 6 months before the end of the period specified in the person's instrument of appointment.

      

(8) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the President under a previous appointment under subsection (1).