Administrative Review Tribunal Act 2024

PART 9 - ADMINISTRATIVE REVIEW COUNCIL  

Division 3 - Council functions etc.  

SECTION 249   FUNCTIONS AND POWERS OF COUNCIL  

249(1)    
The Council has the following functions:

(a)    to monitor the integrity and operation of the Commonwealth administrative law system;

(b)    to:

(i) inquire into the adequacy of procedures used in relation to the making of administrative decisions and the exercise of administrative discretions; and

(ii) consult and advise in relation to those procedures;

(c)    to inquire into systemic issues related to the making of administrative decisions and the exercise of administrative discretions;

(d)    to inquire into the availability, accessibility and effectiveness of review of administrative decisions and administrative discretions;

(e)    to develop and publish guidance in relation to the making of administrative decisions and the exercise of administrative discretions;

(f)    to support education and training for officials of Commonwealth entities in relation to:

(i) making administrative decisions and exercising administrative discretions; and

(ii) the Commonwealth administrative law system;

(g)    any other function conferred on the Council by this Act or another Act;

(h)    to do anything incidental or conducive to the performance of any of the above functions.

249(2)    
The Council may, on its own initiative or at the request of the Minister, do any or all of the following:

(a)    inquire into;

(b)    prepare a report relating to;

(c)    make recommendations to the Minister in relation to;

a matter relating to any of the Council ' s functions.

249(3)    
The Council may do all things necessary or convenient to be done for or in connection with the performance of its functions.

249(4)    
A reference in this Division to an administrative decision or an administrative discretion includes a reference to an administrative decision made, or administrative discretion exercised, otherwise than under an enactment.