Administrative Review Tribunal Act 2024 (40 of 2024)

Part 3   Starting a review

Division 2   Key concepts for review of decisions

14   Decision-maker

General rule

 

(1) The decision-maker for a decision is the person who makes the decision.

Note: For when Tribunal decisions are taken to be made by the decision-maker, see subsection 108(2).

Exception - person ceases to hold office, appointment or position

      

(2) Despite subsection (1), if:

(a) a person makes a decision as the holder or occupier of an office, appointment or position; and

(b) the person ceases to hold or occupy the office, appointment or position;

the decision-maker for the decision is:

(c) the person who holds or occupies the office, appointment or position; or

(d) if there is no person who holds or occupies the office, appointment or position - the person specified by the President.

Exception - any other circumstance

      

(3) If subsections (1) and (2) do not apply in relation to a decision, the decision-maker for the decision is the person specified by the President.

Specifying a decision-maker

      

(4) The President must not specify a person under paragraph (2)(d) or subsection (3) unless the President considers that the person is the person most able to satisfy the requirements imposed by this Act on decision-makers of reviewable decisions.

      

(5) If the President specifies the person in writing, the specification is not a legislative instrument.

Extension - unincorporated decision-maker is treated as if it were a person

      

(6) If a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an Act or an instrument made under an Act to make a decision, this Act applies as if that board, committee or other body were a person empowered to make the decision.

Clarification - decisions made by delegates

      

(7) Subject to this Act, if an Act or an instrument made under an Act confers power on a person or body (the authority ) to delegate a function or power in relation to a decision, a function or power so delegated, when performed or exercised by the delegate, is, for the purposes of this Act, taken to have been performed or exercised by the authority.