Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 9   Tribunal guidance decisions

109   Tribunal guidance decisions

General rule

 

(1) A decision of the Tribunal is a Tribunal guidance decision if:

(a) the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with:

(i) section 40 (exception - President refers application for review that raises issue of significance); or

(ii) section 41 (exception - President, on appeal, refers Tribunal decision that raises issue of significance); and

(b) the decision is:

(i) made under section 105 (Tribunal decision on review of reviewable decision); and

(ii) not made in accordance with subsection 103(2) (decision agreed by parties); and

(c) the decision is not declared under subsection (2) of this section to be an excluded decision.

Exception - declared by President

      

(2) The President may, in writing, declare that a decision made under section 105 by the Tribunal constituted for the purposes of a proceeding in accordance with section 40 or 41 is an excluded decision.

      

(3) A declaration made under subsection (2) is not a legislative instrument.

      

(4) The President must publish declarations made under subsection (2).