Administrative Review Tribunal Act 2024
Appointment by Governor-General
207(1)
A Non-Judicial Deputy President is to be appointed by the Governor-General, by written instrument, on the recommendation of the Minister.
207(2)
Before the Minister makes a recommendation to the Governor-General, the Minister must: (a) 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 financial capacity of the Tribunal for the appointment; and
(b) be satisfied that the person was assessed, by a panel established under section 209, as suitable for the appointment through an assessment process that:
(iii) the effect of the appointment on the number of Non-Judicial Deputy Presidents relative to the number of senior members and general members; and
(i) was merit-based; and
(ii) included public advertising of the position; and
(iii) complied with the requirements (if any) prescribed by the regulations.
Qualification for appointment
207(3)
A person must not be appointed as a Non-Judicial Deputy President unless: (a) the person is enrolled as a legal practitioner and has been so enrolled for at least 10 years; and (b) either:
(i) the person is a former Judge; or
(ii) the Minister is satisfied that the person has substantial expertise in one or more areas relevant to the jurisdiction of the Tribunal.
Period of appointment
207(4)
A Non-Judicial Deputy President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.
207(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
207(6)
A Non-Judicial Deputy President may be appointed on a salaried or sessional basis.
Reappointment
207(7)
A person may be reappointed as a Non-Judicial Deputy President by written instrument made within 6 months before the end of the period specified in the person ' s instrument of appointment.
207(8)
Before a person is reappointed as a Non-Judicial Deputy President, the Minister must seek, and take into account, the advice of the President in relation to the person ' s performance against the performance standard.
207(9)
Paragraph (2)(b) applies only in relation to every second reappointment of a person after the person ' s first appointment under subsection (1) .
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