Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 4   Constitution of Tribunal for a proceeding

Subdivision C   Guidance and appeals panel

41   Exception - President, on appeal, refers Tribunal decision that raises issue of significance

When this section applies

 

(1) If:

(a) a proceeding relates to a guidance and appeals panel application taken to be made because the President refers a decision of the Tribunal (the Tribunal decision ) to the guidance and appeals panel; and

(b) the President is satisfied that the Tribunal decision raises an issue of significance to administrative decision-making;

the President must constitute the Tribunal for the purposes of the proceeding in accordance with this section instead of section 39.

Note: Under section 128, the President may refer a decision of the Tribunal to the guidance and appeals panel if the President is satisfied of either or both of the following:

(a) the decision raises an issue of significance to administrative decision-making;

(b) the decision may contain an error of fact or law materially affecting the decision.

General rules

      

(2) The Tribunal must be constituted for the purposes of the proceeding by 2 or 3 members.

      

(3) One of the members must be the President or a Deputy President.

      

(4) Unless the parties to the proceeding agree otherwise, none of the members can be a person who constituted, or was one of the persons who constituted, the Tribunal for the purposes of the proceeding in which the Tribunal decision was made.