Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 3 - Member appointment provisions  

Subdivision A - Appointment of members  

SECTION 206   APPOINTMENT OF JUDICIAL DEPUTY PRESIDENTS  
Appointment by Governor-General

206(1)    
A Judicial Deputy President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.

206(2)    
Before the Minister makes a recommendation to the Governor-General, the Minister must:

(a)    consult the Chief Justice of the court of which the person is a Judge; and

(b)    seek, and take into account, the advice of the President in relation to:

(i) whether the appointment would meet the operational needs of the Tribunal; and

(ii) the effect of the appointment on the number of Judicial Deputy Presidents relative to the number of Non-Judicial Deputy Presidents, senior members and general members.

Qualification for appointment

206(3)    
A person must not be appointed as a Judicial Deputy President unless the person is:

(a)    a Judge of the Federal Court; or

(b)    a Judge of the Federal Circuit and Family Court of Australia (Division 1).

Period of appointment

206(4)    
A Judicial Deputy President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

206(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

206(6)    
A Judicial Deputy President must be appointed on a sessional basis.