Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 3 - Member appointment provisions  

Subdivision A - Appointment of members  

SECTION 212   ACTING APPOINTMENTS  
President

212(1)    
The Minister may, by written instrument, appoint a person to act as the President:

(a)    during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when the President:

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

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

Note:

For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .

212(2)    
A person must not be appointed to act as the President unless:

(a)    the person is qualified, as mentioned in subsection 205(3) , to be appointed as the President; and

(b)    the Minister has consulted the Chief Justice of the Federal Court.

Other members

212(3)    
The Minister may, at the request of the President and by written instrument, appoint a person to act as a member other than the President:

(a)    during a vacancy in the office of a member other than the President (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when a member other than the President:

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

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

Note:

For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .

212(4)    
A person must not be appointed to act as a member other than the President unless:

(a)    if the person is to act as a Judicial Deputy President:

(i) the person is qualified, as mentioned in subsection 206(3) , to be appointed as a Judicial Deputy President; and

(ii) the Minister has consulted the Chief Justice of the court of which the person is a Judge; or

(b)    if the person is to act as a Non-Judicial Deputy President - the person is qualified, as mentioned in subsection 207(3) , to be appointed as a Non-Judicial Deputy President; or

(c)    if the person is to act as a senior member - the person is qualified, as mentioned in subsection 208(3) , to be appointed as a senior member; or

(d)    if the person is to act as a general member - the person is qualified, as mentioned in subsection 208(4) , to be appointed as a general member.

Extension of acting appointment

212(5)    
If a person has been appointed under this section to act as a member, the Minister may extend the person ' s appointment if the Minister is satisfied that it is necessary to do so by reason of a pending proceeding or other special circumstances.

212(6)    
The extension must be made:

(a)    in writing; and

(b)    before the day that the member who was absent or unable to perform the duties of the member ' s office returns to perform those duties.

212(7)    
The extension must not be for more than 12 months.