Commonwealth Consolidated Acts

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 41

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.