Administrative Review Tribunal Act 2024

A Non‑Judicial Deputy President is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister.

Before the Minister makes a recommendation to the Governor‑General, the Minister must:

seek, and take into account, the advice of the President in relation to:

whether the appointment would meet the operational needs of the Tribunal; and

the financial capacity of the Tribunal for the appointment; and

the effect of the appointment on the number of Non‑Judicial Deputy Presidents relative to the number of senior members and general members; and

be satisfied that the person was assessed, by a panel established under section 209, as suitable for the appointment through an assessment process that:

was merit‑based; and

included public advertising of the position; and

complied with the requirements (if any) prescribed by the regulations.

A person must not be appointed as a Non‑Judicial Deputy President unless:

the person is enrolled as a legal practitioner and has been so enrolled for at least 10 years; and

either:

the person is a former Judge; or

the Minister is satisfied that the person has substantial expertise in one or more areas relevant to the jurisdiction of the Tribunal.

A Non‑Judicial Deputy President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.

If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified.

A Non‑Judicial Deputy President may be appointed on a salaried or sessional basis.

A person may be reappointed as a Non‑Judicial Deputy President by written instrument made within 6 months before the end of the period specified in the person’s instrument of appointment.

Before a person is reappointed as a Non‑Judicial Deputy President, the Minister must seek, and take into account, the advice of the President in relation to the person’s performance against the performance standard.

Paragraph (2)(b) applies only in relation to every second reappointment of a person after the person’s first appointment under subsection (1).