Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 4 - Constitution of Tribunal for a proceeding  

Subdivision C - Guidance and appeals panel  

SECTION 41   EXCEPTION - PRESIDENT, ON APPEAL, REFERS TRIBUNAL DECISION THAT RAISES ISSUE OF SIGNIFICANCE  
When this section applies

41(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

    41(2)    
    The Tribunal must be constituted for the purposes of the proceeding by 2 or 3 members.

    41(3)    
    One of the members must be the President or a Deputy President.

    41(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.

     

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