Administrative Review Tribunal Act 2024 (40 of 2024)

Part 8   Members and staff of Tribunal

Division 3   Member appointment provisions

Subdivision A   Appointment of members

206   Appointment of Judicial Deputy Presidents

Appointment by Governor-General

 

(1) A Judicial Deputy President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.

      

(2) Before the Minister makes a recommendation to the Governor-General, the Minister must:

(a) consult the Chief Justice of the court of which the person is a Judge; and

(b) seek, and take into account, the advice of the President in relation to:

(i) whether the appointment would meet the operational needs of the Tribunal; and

(ii) the effect of the appointment on the number of Judicial Deputy Presidents relative to the number of Non-Judicial Deputy Presidents, senior members and general members.

Qualification for appointment

      

(3) A person must not be appointed as a Judicial Deputy President unless the person is:

(a) a Judge of the Federal Court; or

(b) a Judge of the Federal Circuit and Family Court of Australia (Division 1).

Period of appointment

      

(4) A Judicial Deputy President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

      

(5) If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified.

Basis of appointment

      

(6) A Judicial Deputy President must be appointed on a sessional basis.