Administrative Review Tribunal Act 2024

This section applies if the President forms the opinion that a non‑judicial member may have engaged in conduct that:

may constitute a breach of the code of conduct; or

may constitute a breach of the performance standard; or

may constitute a ground for terminating the appointment of the member in accordance with section 221; or

may adversely affect, or may have adversely affected, the performance of official duties by the member; or

may adversely affect, or may have adversely affected, public trust and confidence in the Tribunal.

For example, the President may form the opinion because of a complaint made to the Tribunal in relation to the conduct.

The President may:

do one or more of the following:

investigate the conduct;

report on an investigation of the conduct;

deal with a report of an investigation of the conduct;

refer the conduct to a person or body;

direct a person or body to investigate the conduct;

authorise, in writing, a person or body to do any of the above;

take any measures in relation to the member that the President believes are reasonably necessary to maintain public trust and confidence in the Tribunal; or

take no action, or no further action, in relation to the conduct.

The President is also required to notify the Minister if the President reasonably believes that there are grounds for terminating the member’s appointment under section 221 (see section 222).

For protections for persons involved in investigating conduct of members, see section 204.

The President may, at any time after forming the opinion mentioned in subsection (1), temporarily restrict the member’s duties if the President reasonably believes that doing so is in the public, or the Tribunal’s, interest.