Administrative Review Tribunal Act 2024
General rule
14(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
14(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
14(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
14(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.
14(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
14(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
14(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.
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