Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 3 - Practice directions  

President may make practice directions  
President may make practice directions

36(1)    
The President may make practice directions in relation to any or all of the following:

(a)    the operations of the Tribunal;

(b)    the procedure of the Tribunal;

(c)    the conduct of proceedings by the Tribunal;

(d)    the arrangement of the business of the Tribunal;

(e)    the places at which the Tribunal may sit;

(f)    the use of technology that allows a person to participate in a proceeding, or part of a proceeding, in the Tribunal without being physically present;

(g)    giving information or producing or giving documents or things to the Tribunal for any purpose, including:

(i) the form and manner in which information, documents or things may be produced or given; and

(ii) producing or giving additional copies of documents;

(h)    giving information or producing or giving documents or things to persons for the purposes of a proceeding in the Tribunal, including:

(i) the form and manner in which information, documents or things may be produced or given; and

(ii) producing or giving additional copies of documents;

(i)    dispute resolution processes under Subdivision C of Division 6 ;

(j)    the sorting, prioritisation, allocation and treatment of applications for review and related matters;

(k)    the accessibility of the Tribunal and the responsiveness of the Tribunal to the diverse needs of parties to proceedings;

(l)    any other matter that is required or permitted by this Act to be specified in the practice directions.

36(2)    
Practice directions must be made in writing.

Consultation before practice directions are made

36(3)    
Before making a practice direction, the President must consult the Tribunal Advisory Committee.

Regulations and rules prevail over practice directions

36(4)    
Practice directions that are inconsistent with the regulations or rules have no effect to the extent of the inconsistency, but practice directions are taken to be consistent with the regulations and rules to the extent that the practice directions are capable of operating concurrently with the regulations and rules.

Failure to comply does not invalidate

36(5)    
A failure by the Tribunal to comply with the practice directions does not affect the validity of anything done by the Tribunal.

Compliance is sufficient

36(6)    
If the Tribunal deals with a proceeding in a way that complies with the practice directions, the Tribunal is not required to take any other action in dealing with the proceeding.

Publishing

36(7)    
The Tribunal must publish practice directions.

Practice directions not legislative instruments

36(8)    
A practice direction made under subsection (1) is not a legislative instrument.