Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 3 - Proceedings  

SECTION 145   CONSTITUTION OF TRIBUNAL - GENERAL RULE  
When this section applies

145(1)    
This section applies:

(a)    

in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area; and

(b)    instead of section 39 (general rules for constitution of Tribunal).

Note:

Section 39 continues to apply in relation to incidental and ancillary proceedings, such those dealing with costs and extensions of time.

Constitution of Tribunal - general rule

145(2)    
The Tribunal must be constituted for the purposes of the proceeding by:

(a)    the President; or

(b)    a Deputy President; or

(c)    3 members, at least one of whom is the President or a Deputy President.

Note:

For constitution of the Tribunal, see Division 4 of Part 4 (constitution of Tribunal for a proceeding), and for reconstitution of the Tribunal, see Subdivision D of that Division.

Presiding member

145(3)    
If the Tribunal is constituted for the purposes of the proceeding by 3 members, the presiding member must be:

(a)    if the President is one of the members - the President; or

(b)    if the President is not one of the members but one or more Judges are - the most senior (or only) Judge; or

(c)    if paragraphs (a) and (b) do not apply - a Deputy President.

Avoiding conflicts of interest - members who were agency heads

145(4)    
However, none of the members can be a person who is, or was, the head of an agency within the national intelligence community if:

(a)    in any case - the agency is a party to the proceeding; or

(b)    if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.

Avoiding conflicts of interest - members who were certain Ministers

145(5)    
In addition, none of the members can be a person who was:

(a)    in any case - the Treasurer; or

(b)    the Minister responsible for an agency within the national intelligence community if:

(i) the agency is a party to the proceeding; or

(ii) if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.