Administrative Review Tribunal Act 2024 (40 of 2024)
Part 11 Miscellaneous
Division 3 Delegation
279 Delegation by President
General rule
(1) The President may, in writing, delegate the President's functions or powers under this Act, another Act or an instrument made under an Act to:
(a) a member; or
(b) the Principal Registrar; or
(c) a registrar; or
(d) a staff member.
Exception - functions and powers that must not be delegated
(2) Despite subsection (1), the President must not delegate:
(a) a function or power the President has because the President is:
(i) a member of the Tribunal as constituted for the purposes of a proceeding; or
(ii) a Council member; or
(iii) authorised under section 281 to perform or exercise the function or power; or
(b) a function or power under a provision listed in the following table.
|
Functions and powers the President must not delegate |
||
|---|---|---|
|
Item |
Column 1
Provision |
Column 2
Summary of topic of provision |
|
1 |
section 14 |
decision-maker |
|
2 |
Division 3 of Part 4 |
practice directions |
|
3 |
subsection 109(2) |
Tribunal guidance decisions |
|
4 |
Division 5 of Part 7 |
referring questions of law |
|
5 |
section 196 |
jurisdictional areas and lists |
|
6 |
section 197 |
jurisdictional area leaders |
|
7 |
section 199 |
assignment of members to jurisdictional areas |
|
8 |
section 200 |
President may give directions to members |
|
9 |
section 201 |
code of conduct |
|
10 |
section 202 |
performance standard |
|
11 |
subsection 203(3) |
President may restrict member's duties |
|
12 |
section 222 |
President must notify Minister about grounds for termination |
|
13 |
Subdivision B of Division 4 of Part 8 |
appointment and functions of Principal Registrar |
Delegates must comply with directions
(3) In performing or exercising a function or power delegated under this section, the delegate must comply with any written directions of the President.
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