Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 2 - Members of Tribunal  

Subdivision C - Performance and conduct of members  

SECTION 203   PRESIDENT MAY INVESTIGATE CONDUCT OF MEMBERS  

203(1)    
This section applies if the President forms the opinion that a non-judicial member may have engaged in conduct that:

(a)    may constitute a breach of the code of conduct; or

(b)    may constitute a breach of the performance standard; or

(c)    may constitute a ground for terminating the appointment of the member in accordance with section 221 ; or

(d)    may adversely affect, or may have adversely affected, the performance of official duties by the member; or

(e)    may adversely affect, or may have adversely affected, public trust and confidence in the Tribunal.

Note:

For example, the President may form the opinion because of a complaint made to the Tribunal in relation to the conduct.

203(2)    
The President may:

(a)    do one or more of the following:

(i) investigate the conduct;

(ii) report on an investigation of the conduct;

(iii) deal with a report of an investigation of the conduct;

(iv) refer the conduct to a person or body;

(v) direct a person or body to investigate the conduct;

(vi) authorise, in writing, a person or body to do any of the above;

(vii) take any measures in relation to the member that the President believes are reasonably necessary to maintain public trust and confidence in the Tribunal; or

(b)    take no action, or no further action, in relation to the conduct.

Note 1:

The President is also required to notify the Minister if the President reasonably believes that there are grounds for terminating the member ' s appointment under section 221 (see section 222 ).

Note 2:

For protections for persons involved in investigating conduct of members, see section 204 .

203(3)    
The President may, at any time after forming the opinion mentioned in subsection (1) , temporarily restrict the member ' s duties if the President reasonably believes that doing so is in the public, or the Tribunal ' s, interest.