Administrative Review Tribunal Act 2024

PART 9 - ADMINISTRATIVE REVIEW COUNCIL  

Division 4 - Appointment  

SECTION 254   QUALIFICATION FOR APPOINTMENT  

254(1)    
A person is not to be appointed as an appointed member unless the person:

(a)    has an extensive knowledge of administrative law or public administration; or

(b)    has extensive experience providing legal services related to administrative law; or

(c)    has direct experience, and has direct knowledge, of the needs of people, or groups of people, significantly affected by government decisions; or

(d)    is an official of a Commonwealth entity who:

(i) is an Agency Head (within the meaning of the Public Service Act 1999 ); or

(ii) is an SES employee; or

(iii) holds a position that is equivalent to, or higher than, a position occupied by an SES employee.

Note:

The expression SES employee is defined in section 2B of the Acts Interpretation Act 1901 .

254(2)    
Before a person is appointed as an appointed member, the Minister must:

(a)    take into account the need for a diversity of skills, expertise, experience and knowledge within the Council; and

(b)    be satisfied that:

(i) there will be at least 2 appointed members who were not officials of a Commonwealth entity immediately before their appointment; and

(ii) there will be at least one appointed member of the kind mentioned in subparagraph (i) who is qualified as mentioned in paragraph (1)(c) .