Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 3 - Member appointment provisions  

Subdivision A - Appointment of members  

SECTION 208   APPOINTMENT OF SENIOR MEMBERS AND GENERAL MEMBERS  
Appointment by Governor-General

208(1)    
A senior member or general member is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.

208(2)    
Before the Minister makes a recommendation to the Governor-General, the Minister must:

(a)    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 financial capacity of the Tribunal for the appointment; and

(iii) the effect of the appointment on the number of senior members and general members relative to the number of Non-Judicial Deputy Presidents; 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 - senior member

208(3)    
A person must not be appointed as a senior member unless:

(a)    the person is enrolled as a legal practitioner and has been so enrolled for at least 7 years; or

(b)    the Minister is satisfied that the person has at least 7 years ' specialised training or experience in a subject matter relevant to the jurisdiction of the Tribunal.

Qualification for appointment - general member

208(4)    
A person must not be appointed as a general member unless:

(a)    the person is enrolled as a legal practitioner and has been so enrolled for at least 5 years; or

(b)    the Minister is satisfied that the person has at least 5 years ' specialised training or experience in a subject matter relevant to the jurisdiction of the Tribunal.

Period of appointment

208(5)    
A senior member or general member holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

208(6)    
If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified.

Basis of appointment

208(7)    
A senior member or general member may be appointed on a salaried or sessional basis.

Reappointment

208(8)    
A person may be reappointed as a senior member or general member by written instrument made within 6 months before the end of the period specified in the person ' s instrument of appointment.

208(9)    
Before a person is reappointed as a senior member or general member, the Minister must seek, and take into account, the advice of the President in relation to the person ' s performance against the performance standard.

208(10)    
Paragraph (2)(b) applies only in relation to every second reappointment of a person to an office after the person ' s first appointment to that office under subsection (1) .