Administrative Review Tribunal Act 2024

PART 11 - MISCELLANEOUS  

Division 4 - Performing and exercising functions and powers of Tribunal  

Subdivision A - Performance and exercise of functions and powers  

SECTION 281   WHO MAY PERFORM OR EXERCISE FUNCTIONS OR POWERS  

281(1)    
A function or power of the Tribunal in relation to a proceeding may be performed or exercised as follows:

(a)    by the Tribunal as constituted for the purposes of the proceeding;

(b)    before the start of the hearing of the proceeding - by:

(i) the President; or

(ii) an authorised person;

(c)    after the start of the hearing of the proceeding - by an authorised person, but only as approved by the Tribunal as constituted for the purposes of the proceeding;

(ca)    for a function or power under subsection 114(1) to alter the text of a decision or statement of reasons for a decision - by the person who made the decision;

(d)    for a function or power under subsection 114(1) to alter the text of a decision or statement of reasons for a decision - by an authorised person, but:

(i) only as approved by the President; and

(ii) not if the Tribunal as constituted for the purposes of the proceeding or the person who made the decision is available;

(e)    for a function or power under section 102 (reinstatement of application), subsection 115(2) (taxing costs) or a provision mentioned in paragraph 286(a) - by an authorised person at any time.

281(2)    
To avoid doubt, the paragraphs of subsection (1) do not limit each other.

281(3)    
For the purposes of paragraph (1)(c) and subparagraph (1)(d)(i) , an approval does not need to be in writing.