For the purposes of a review by the Tribunal under this Part, the Administrative Review Tribunal Act 2024 has effect subject to the modifications set out in this table.
Modifications of the Administrative Review Tribunal Act 2024 | ||
Item | Provision | Modification |
1 | Section 57 | Sittings of the Tribunal for the purposes of a review under this Part may be held at any place, whether within or outside Australia |
2 | Section 17 and subsection 123(2) | An application may be made only by: (a) the claimant; or (b) the Chief of the Defence Force; or (c) the Commission. |
3 | Subsection 18(1) | The period within which an application may be made to the Tribunal is: (a) for a review of a determination by the Board, or a determination that has been varied under subsection 348(1)--3 months after the day on which the notice of the Board's determination or variation was given to the applicant; or (b) otherwise--60 days after the day on which notice of the determination was given to the applicant |
4 | Subsections 19(1) and (2) | For a review of a determination by the Board on review of an original determination, or a determination that has been varied under subsection 348(1), the Tribunal cannot extend the time for making an application beyond the period of 12 months after the day on which notice of the Board's determination or variation was given to the applicant |
5 | Subsection 22(1) | The Commission rather than the Board is a party to a proceeding before the Tribunal for review of a determination by the Board. If the Chief of the Defence Force or the Commission made the application for review, the claimant is also a party to the review. |