Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 9 - Tribunal guidance decisions  

SECTION 110   TRIBUNAL MUST HAVE REGARD TO TRIBUNAL GUIDANCE DECISIONS  
General rule

110(1)    
When making a decision in a proceeding in the Tribunal, the Tribunal must have regard to Tribunal guidance decisions that the Tribunal considers raise:

(a)    facts similar to the facts raised by the proceeding; or

(b)    issues similar to the issues raised by the proceeding.

Exception - member who is a Judge

110(2)    
Subsection (1) does not apply to:

(a)    a member who is a Judge; or

(b)    the Tribunal constituted for the purposes of a proceeding by a member who is, or members at least one of whom is, a Judge.

Effect of failure to comply

110(3)    
A failure by the Tribunal to comply with subsection (1) does not affect the validity of the decision.