Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 4 - Constitution of Tribunal for a proceeding  

Subdivision A - Constituting the Tribunal  

SECTION 37   PRESIDENT MAY CONSTITUTE TRIBUNAL FOR PURPOSES OF A PROCEEDING  
President directs how Tribunal is constituted

37(1)    
The President may direct that a member or members constitute the Tribunal for the purposes of a proceeding in the Tribunal.

President directs which member presides

37(2)    
If the Tribunal is constituted by more than one member for the purposes of a proceeding, the President must direct which member is to preside for the purposes of the proceeding.

Requirements for directions

37(3)    
In making a direction under subsection (1) or (2) , the President must comply with:

(a)    the requirements specified in this Act; and

(b)    any other requirements specified in the practice directions.

37(4)    
If a direction under subsection (1) or (2) is made in writing, the direction is not a legislative instrument.

President must notify parties to proceeding

37(5)    
If the President makes a direction under subsection (1) or (2) in relation to a proceeding, the President must give written notice to each party to the proceeding (other than a non-participating party to the proceeding).

37(6)    
The notice does not need to specify:

(a)    the member or members constituting the Tribunal; or

(b)    the member who is to preside.

37(7)    
If the Tribunal is constituted for the purposes of the proceeding by the guidance and appeals panel, the notice must state this.