Administrative Review Tribunal Act 2024 (40 of 2024)

Part 6   Proceedings in Intelligence and Security jurisdictional area

Division 3   Proceedings

145   Constitution of Tribunal - general rule

When this section applies

 

(1) This section applies:

(a) in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area, other than a proceeding for review of a preventative detention decision; and

(b) instead of section 39 (general rules for constitution of Tribunal).

Note: Section 39 continues to apply in relation to incidental and ancillary proceedings, such those dealing with costs and extensions of time.

Constitution of Tribunal - general rule

      

(2) The Tribunal must be constituted for the purposes of the proceeding by:

(a) the President; or

(b) a Deputy President; or

(c) 3 members, at least one of whom is the President or a Deputy President.

Note: For constitution of the Tribunal, see Division 4 of Part 4 (constitution of Tribunal for a proceeding), and for reconstitution of the Tribunal, see Subdivision D of that Division.

Presiding member

      

(3) If the Tribunal is constituted for the purposes of the proceeding by 3 members, the presiding member must be:

(a) if the President is one of the members - the President; or

(b) if the President is not one of the members but one or more Judges are - the most senior (or only) Judge; or

(c) if paragraphs (a) and (b) do not apply - a Deputy President.

Avoiding conflicts of interest - members who were agency heads

      

(4) However, none of the members can be a person who is, or was, the head of an agency within the national intelligence community if:

(a) in any case - the agency is a party to the proceeding; or

(b) if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.

Avoiding conflicts of interest - members who were certain Ministers

      

(5) In addition, none of the members can be a person who was:

(a) in any case - the Treasurer; or

(b) the Minister responsible for an agency within the national intelligence community if:

(i) the agency is a party to the proceeding; or

(ii) if the review relates to an exempt security record decision - the document or record concerned originated with, or was received from, the agency.


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