Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 3 - Member appointment provisions  

Subdivision A - Appointment of members  

SECTION 205   APPOINTMENT OF PRESIDENT  
Appointment by Governor-General

205(1)    
The President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.

205(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

205(3)    
A person must not be appointed as the President unless the person is a Judge of the Federal Court.

Period of appointment

205(4)    
The President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

205(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

205(6)    
The President must be appointed on a salaried basis.

Reappointment

205(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.

205(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) .