Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 9   Tribunal guidance decisions

110   Tribunal must have regard to Tribunal guidance decisions

General rule

 

(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

      

(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

      

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