Part 1
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Commonwealth legislation
**What this instrument does (mechanically)
Key mechanics and where to look in the instrument
Dismissing applications where the original applicant is no longer able to continue (sections 6 and 8). The Tribunal may dismiss: (a) guidance and appeals panel referrals if the person who originally applied for review (the "first review applicant") dies, becomes bankrupt or is wound up and the Tribunal considers the application cannot continue (see inserted section 84A); and (b) second‑review applications for certain social‑services related decisions when the first review applicant dies (and, in limited cases, if they become bankrupt) (see inserted section 84B).
Recruitment and appointment process for Tribunal senior roles (sections 9–13, 14–16, 17–26). The regulations prescribe a merit‑based assessment process: public invitation for applications (minimum 2 weeks on the Department website and at least one other public channel), information that must be provided to applicants (selection criteria, qualifications, remuneration, process, and for members the code of conduct and performance standard), shortlisting, interview, referee reports, a written assessment report to the Minister, publication of panel membership within 28 days, and a requirement that the assessment panel’s suitability finding have support from at least two panel members. The Secretary, the President or the Chief Justice (or their nominees) and a Minister‑nominated person are the typical panel members for different posts. The panel must complete its assessment within 18 months before an appointment.
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Direct links to the current provisions in Administrative Review Tribunal Regulations 2024.
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
(1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment: (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument; (b) the Department must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department’s website; (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument; (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless: (i) the person applies for the appointment; and (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and (iii) the panel shortlists the person for interview based on the person’s application; and (iv) the panel interviews the person; and (v) the panel seeks at least one referee report in relation to the person; and (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant’s work; and (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part); (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument. (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).
For the purposes of paragraph 9(1)(a), the invitation for applications for an appointment must be published: (a) for at least 2 weeks on the Department’s website; and (b) in at least one other way accessible to the public.
Note: For paragraph (b), publication in a way accessible to the public could include publication in national media, on the APSJobs website or on another publicly accessible website. The APSJobs website could in 2024 be viewed at http://www.apsjobs.gov.au.
For the purposes of paragraph 9(1)(c), the Department must make the following information available to potential applicants for an appointment: (a) the selection criteria for the appointment; (b) the qualification requirements (if any) for the appointment; (c) information on remuneration for the appointment; (d) information on the assessment process for the appointment; (e) if the appointment is as a Non‑Judicial Deputy President, senior member or general member: (i) the code of conduct; and (ii) the performance standard.
Note: For example, the Department may make the information available to potential applicants on its website.
Outcome of assessment process (1) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as President must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) identification of applicants interviewed who were assessed as suitable for the appointment and the reasons for that outcome. (2) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as Non‑Judicial Deputy President, senior member, general member or Chief Executive Officer and Principal Registrar must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) for any applicants interviewed who were assessed by the panel as suitable for the appointment: (i) identification of the applicant and the reasons for that outcome; and (ii) if any person who is part of the panel did not support the assessment of the applicant as suitable—the person’s reasons for not supporting that assessment; and (c) for any applicants interviewed who were assessed by the panel as not suitable for the appointment—identification of the applicant and the reasons for that outcome. Consideration of qualification requirements (3) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as a Non‑Judicial Deputy President, senior member or general member may include information on whether the panel considers that an applicant assessed by the panel as suitable for the appointment could meet the qualification requirements for the appointment.
For the purposes of subsection 209(2) of the Act, within 28 days after an assessment panel gives the Minister a report in accordance with section 12 of this instrument, the Department must publish on its website the names of the persons who were part of the panel.
The selection criteria for appointment as President are: (a) if the applicant is not a Judge of the Federal Court—suitability for appointment as a Judge of the Federal Court; and (b) outstanding expertise in, and experience in the practice of, administrative law; and (c) commitment to, and ability to support, the objective in section 9 of the Act; and (d) demonstrated understanding of the diverse needs of parties to proceedings; and (e) leadership and management skills, including the following: (i) ability to lead the Tribunal, with a focus on high‑quality performance, financial sustainability and innovation; (ii) ability to inspire and support members and staff members; (iii) commitment to providing a diverse, safe and respectful workplace.
The selection criteria for appointment as a Non‑Judicial Deputy President, senior member or general member are: (a) commitment to, and ability to support, the objective in section 9 of the Act; and (b) the following, at appropriate levels for the appointment: (i) decision‑making and reasoning skills; (ii) ability to conduct hearings and other Tribunal case events; (iii) writing and communication skills; (iv) ability to be responsive to the diverse needs of parties to proceedings; (v) professionalism, independence, integrity and collegiality; (vi) productivity, diligence and resilience; (vii) understanding of, and commitment to, diverse, safe and respectful workplaces; and (c) if the appointment is as Non‑Judicial Deputy President or senior member—leadership and management skills, at an appropriate level for the appointment; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
The selection criteria for appointment as Chief Executive Officer and Principal Registrar are: (a) leadership, including the following: (i) ability to set a strategic direction and inspire people to work towards it; (ii) high standard of personal integrity and commitment to organisational integrity and accountability; (iii) commitment to fostering a strong organisational culture and a diverse, safe and respectful workplace; (iv) ability to identify and respond to possible challenges and opportunities; (v) high level of judgement; and (b) management skills, including the following: (i) ability to lead a large and complex organisation and achieve results within appropriate frameworks across diverse functions; (ii) understanding of best‑practice organisational governance; (iii) extensive experience in public administration and strong knowledge of the obligations of agency heads under the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999; (iv) ability to foster strong working relationships, including with members; and (c) commitment to accessible administrative review of decisions made under legislation, including the following: (i) understanding of the work of the Tribunal and the administrative review process or capacity to quickly develop that understanding; (ii) commitment to the objective in section 9 of the Act; (iii) understanding of the diverse needs of parties to proceedings; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as President must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the Chief Justice of the Federal Court or a person nominated by the Chief Justice of the Federal Court; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
(1) This section applies in relation to an assessment panel established in relation to the appointment of a person as a Non‑Judicial Deputy President, senior member or general member. (2) For the purposes of paragraph 209(3)(b) of the Act, the assessment panel must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (3) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (2)(a) of this section is to chair the assessment panel.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as Chief Executive Officer and Principal Registrar must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
For the purposes of paragraph 209(3)(b) of the Act, a person must not be part of an assessment panel if the person is employed under the Members of Parliament (Staff) Act 1984.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If a person (other than the Secretary) who is part of an assessment panel for an appointment has an interest that conflicts or could conflict with the person’s participation in the assessment process, the person must disclose the nature of the interest to the Secretary. (3) Subsection (2) does not limit any other obligation of the person. Management (4) If: (a) a person (other than the Secretary) is part of an assessment panel for an appointment; and (b) the person considers that the person has a conflict of interest that could materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment; the person may choose not to participate in the assessment of the applicant. (5) If the Secretary considers that a person (other than the Secretary) who is part of an assessment panel for an appointment has a conflict of interest that would materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment, the Secretary may direct the person not to participate in the assessment of the applicant.
(1) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 21 to an SES employee, or acting SES employee, in the Department. (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If the Secretary is part of an assessment panel for an appointment and has an interest that conflicts or could conflict with the Secretary’s participation in the assessment process, the Secretary must disclose the nature of the interest to the Minister. (3) Subsection (2) does not limit any other obligation of the Secretary. Management (4) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Secretary considers that the Secretary has a conflict of interest that could materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Secretary may choose not to participate in the assessment of the applicant. (5) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Minister considers that the Secretary has a conflict of interest that would materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Minister may direct the Secretary not to participate in the assessment of the applicant.
For the purposes of paragraph 209(3)(c) of the Act, an assessment panel may only assess an applicant as suitable for an appointment if at least 2 of the persons who are part of the panel support the assessment.
(1) For the purposes of subsection 209(2) of the Act, the persons who are part of an assessment panel for an appointment are not subject to direction by the Minister in relation to the panel’s assessment of whether or not a person is suitable for the appointment. (2) Subsection (1) is subject to subsection 23(5) and section 26.
(1) This section is made for the purposes of subsection 209(2) of the Act. (2) If, for any reason, a person (the original panellist) who is part of an assessment panel for an appointment cannot participate, or continue to participate, in the assessment process for the appointment, the Minister may determine that a different person is part of the panel in place of the original panellist. (3) If the Minister makes a determination under subsection (2), the panel must continue the assessment process. (4) To avoid doubt, if the panel has done any thing in relation to the assessment process before the making of the determination, the panel is not required to do that thing again after the making of the determination.
For the purposes of paragraph 297(2)(a) of the Act, an application may be made to the Tribunal, in accordance with section 17 of the Act, for review of the following decisions (a Norfolk Island decision) made in the exercise of powers conferred by a Norfolk Island enactment:
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Norfolk Island decisions</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Decision</span></p></td></tr></thead><tbody><tr><td style="width:7.36%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:92.64%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>10(2) of the </span><span style="font-style:italic">Absentee Landowners Levy Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 of the </span><span style="font-style:italic">Animals (Importation) Act 1983</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Apiaries Act 1935</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>3A(1)(c) or (2)(a);</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>4(2);</span></p><p class="Tablea"><span>(c) subsection</span><span> </span><span>12(6)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Associations Incorporation Act 2005</span><span>:</span></p><p class="Tablea"><span>(a) section</span><span> </span><span>11;</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>29(4);</span></p><p class="Tablea"><span>(c) section</span><span> </span><span>37;</span></p><p class="Tablea"><span>(d) section</span><span> </span><span>50</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>3, 4 or 5 of the </span><span style="font-style:italic">Birds Protection Act 1913</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Bookmakers and Betting Exchange Act 1998</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>8;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>11(1) or (2);</span></p><p class="Tablea"><span>(c) a decision under subsection</span><span> </span><span>12(1) or (2);</span></p><p class="Tablea"><span>(d) a decision under subsection</span><span> </span><span>13(1) or (2);</span></p><p class="Tablea"><span>(e) a decision under section</span><span> </span><span>34;</span></p><p class="Tablea"><span>(f) a decision mentioned in subsection</span><span> </span><span>44(1) or (2)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6, 7 or 8 of the </span><span style="font-style:italic">Brands and Marks Act 1949</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in any of the following provisions of the </span><span style="font-style:italic">Building Act 2002</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>43(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>43(2)(a);</span></p><p class="Tablea"><span>(c) paragraph</span><span> </span><span>43(2)(b)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 19 of the </span><span style="font-style:italic">Business Names Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Business Transactions (Administration) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>9(2) of the </span><span style="font-style:italic">Business Transactions (Levy Imposition) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in subsection</span><span> </span><span>58(2) or (3) of the </span><span style="font-style:italic">Companies Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Crown Lands Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) a decision under subsection</span><span> </span><span>14(1);</span></p><p class="Tablea"><span>(b) a decision related to a request made under subsection</span><span> </span><span>26(1);</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>28</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Electricity (Licensing and Registration) Act 1985</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>9(4);</span></p><p class="Tablea"><span>(b) section</span><span> </span><span>13 or 14</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Environment Act 1990</span><span>:</span></p><p class="Tablea"><span>(a) a decision to reject a claim made under section</span><span> </span><span>91;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>128(1)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 or subsection</span><span> </span><span>14(2) of the </span><span style="font-style:italic">Financial Institutions Levy Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>17</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6 or 7 of the </span><span style="font-style:italic">Fuel Levy Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>5 of the </span><span style="font-style:italic">Land Administration Fees Act 1996</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Land Titles Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>138(1)(a), (b) or (c);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>146(2)(f)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>79(1) of the </span><span style="font-style:italic">Land Valuation Act 2012</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Liquor Act 2005</span><span> in relation to any of the following:</span></p><p class="Tablea"><span>(a) an application for the disqualification of a licensee or licensed premises;</span></p><p class="Tablea"><span>(b) an application for the appointment of a nominee of a licensee;</span></p><p class="Tablea"><span>(c) an application for any of the following actions to be taken in relation to a licence or permit:</span></p><p class="Tablei"><span>(i) grant;</span></p><p class="Tablei"><span>(ii) variation;</span></p><p class="Tablei"><span>(iii) relocation;</span></p><p class="Tablei"><span>(iv) transfer;</span></p><p class="Tablei"><span>(v) renewal;</span></p><p class="Tablei"><span>(vi) surrender;</span></p><p class="Tablei"><span>(vii) suspension;</span></p><p class="Tablei"><span>(viii) cancellation</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7, 11 or 18 of the </span><span style="font-style:italic">Lotteries and Fundraising Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Migratory Birds Act 1980</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>4(3), 7(2), 9(3) or 15(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>15(2)(a)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>24</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Norfolk Island Broadcasting Act 2001</span><span> other than a decision made under subsection</span><span> </span><span>10(6) of that Act</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>2A or 3A of the </span><span style="font-style:italic">Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>26</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>78(1)(a), (b) or (c) of the </span><span style="font-style:italic">Planning Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>27</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>31(a), (b), (c) or (d) of the </span><span style="font-style:italic">Public Reserves Act 1997</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>28</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a certificate under section</span><span> </span><span>15 of the </span><span style="font-style:italic">Roads Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a written notice under section</span><span> </span><span>11 of the </span><span style="font-style:italic">Subdivision Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>30</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 17 of the </span><span style="font-style:italic">Tourist Accommodation Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>31</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>4 of the </span><span style="font-style:italic">Tourist Accommodation (Ownership) Act 1989</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>32</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Trees Act 1997</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>9 to:</span></p><p class="Tablei"><span>(i) refuse to grant a permit; or</span></p><p class="Tablei"><span>(ii) endorse conditions on a permit;</span></p><p class="Tablea"><span>(b) a decision under section</span><span> </span><span>12 to refuse to register a plantation;</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>17 to refuse to grant a timber licence;</span></p><p class="Tablea"><span>(d) a decision under section</span><span> </span><span>18 to endorse conditions on a timber licence</span></p></td></tr></tbody></table>
Certain references to instruments include references to Norfolk Island enactments (1) Subsection (2) applies, for the purposes of paragraph 297(2)(b) of the Act, if: (a) the Act or an instrument made under the Act (the ART Act or instrument) applies a rule (within the ordinary meaning of the word); and (b) the rule includes a reference to an instrument made under an Act (however described); and (c) the rule applies differently in relation to a Norfolk Island decision from the way the rule applies in relation to a decision made under an instrument made under an Act; and (d) the reason for the difference is that (apart from this subsection) the reference to an instrument made under an Act does not include a reference to a Norfolk Island enactment. (2) The ART Act or instrument applies, in relation to the Norfolk Island decision, as if the reference in the rule to an instrument made under an Act included a reference to a Norfolk Island enactment (whether the enactment under which the decision is made, or another Norfolk Island enactment, as the case requires).
Note: Example 1: Section 16 of the Act provides that, for the purposes of an instrument that provides for an application to be made to the Tribunal, a decision is taken to be made if a timeframe expires without a decision having been made. This subsection extends that rule to Norfolk Island enactments for Norfolk Island decisions.
Note: Example 2: Section 54 of the Act confers on the Tribunal all the powers and discretions conferred on a decision‑maker by an instrument made under an Act. This subsection ensures that the Tribunal can exercise powers and discretions under Norfolk Island enactments in relation to Norfolk Island decisions.
(3) To avoid doubt, subsection (2) applies whether or not the rule explicitly refers to a decision. Reference to Secretary of the Department (4) For the purposes of paragraph 297(2)(b), subsection 291(2) of the Act applies, in relation to a Norfolk Island decision, as if a reference to the Secretary of the Department were a reference to the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979.
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
(1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment: (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument; (b) the Department must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department’s website; (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument; (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless: (i) the person applies for the appointment; and (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and (iii) the panel shortlists the person for interview based on the person’s application; and (iv) the panel interviews the person; and (v) the panel seeks at least one referee report in relation to the person; and (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant’s work; and (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part); (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument. (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).
For the purposes of paragraph 9(1)(a), the invitation for applications for an appointment must be published: (a) for at least 2 weeks on the Department’s website; and (b) in at least one other way accessible to the public.
Note: For paragraph (b), publication in a way accessible to the public could include publication in national media, on the APSJobs website or on another publicly accessible website. The APSJobs website could in 2024 be viewed at http://www.apsjobs.gov.au.
For the purposes of paragraph 9(1)(c), the Department must make the following information available to potential applicants for an appointment: (a) the selection criteria for the appointment; (b) the qualification requirements (if any) for the appointment; (c) information on remuneration for the appointment; (d) information on the assessment process for the appointment; (e) if the appointment is as a Non‑Judicial Deputy President, senior member or general member: (i) the code of conduct; and (ii) the performance standard.
Note: For example, the Department may make the information available to potential applicants on its website.
Outcome of assessment process (1) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as President must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) identification of applicants interviewed who were assessed as suitable for the appointment and the reasons for that outcome. (2) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as Non‑Judicial Deputy President, senior member, general member or Chief Executive Officer and Principal Registrar must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) for any applicants interviewed who were assessed by the panel as suitable for the appointment: (i) identification of the applicant and the reasons for that outcome; and (ii) if any person who is part of the panel did not support the assessment of the applicant as suitable—the person’s reasons for not supporting that assessment; and (c) for any applicants interviewed who were assessed by the panel as not suitable for the appointment—identification of the applicant and the reasons for that outcome. Consideration of qualification requirements (3) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as a Non‑Judicial Deputy President, senior member or general member may include information on whether the panel considers that an applicant assessed by the panel as suitable for the appointment could meet the qualification requirements for the appointment.
For the purposes of subsection 209(2) of the Act, within 28 days after an assessment panel gives the Minister a report in accordance with section 12 of this instrument, the Department must publish on its website the names of the persons who were part of the panel.
The selection criteria for appointment as President are: (a) if the applicant is not a Judge of the Federal Court—suitability for appointment as a Judge of the Federal Court; and (b) outstanding expertise in, and experience in the practice of, administrative law; and (c) commitment to, and ability to support, the objective in section 9 of the Act; and (d) demonstrated understanding of the diverse needs of parties to proceedings; and (e) leadership and management skills, including the following: (i) ability to lead the Tribunal, with a focus on high‑quality performance, financial sustainability and innovation; (ii) ability to inspire and support members and staff members; (iii) commitment to providing a diverse, safe and respectful workplace.
The selection criteria for appointment as a Non‑Judicial Deputy President, senior member or general member are: (a) commitment to, and ability to support, the objective in section 9 of the Act; and (b) the following, at appropriate levels for the appointment: (i) decision‑making and reasoning skills; (ii) ability to conduct hearings and other Tribunal case events; (iii) writing and communication skills; (iv) ability to be responsive to the diverse needs of parties to proceedings; (v) professionalism, independence, integrity and collegiality; (vi) productivity, diligence and resilience; (vii) understanding of, and commitment to, diverse, safe and respectful workplaces; and (c) if the appointment is as Non‑Judicial Deputy President or senior member—leadership and management skills, at an appropriate level for the appointment; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
The selection criteria for appointment as Chief Executive Officer and Principal Registrar are: (a) leadership, including the following: (i) ability to set a strategic direction and inspire people to work towards it; (ii) high standard of personal integrity and commitment to organisational integrity and accountability; (iii) commitment to fostering a strong organisational culture and a diverse, safe and respectful workplace; (iv) ability to identify and respond to possible challenges and opportunities; (v) high level of judgement; and (b) management skills, including the following: (i) ability to lead a large and complex organisation and achieve results within appropriate frameworks across diverse functions; (ii) understanding of best‑practice organisational governance; (iii) extensive experience in public administration and strong knowledge of the obligations of agency heads under the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999; (iv) ability to foster strong working relationships, including with members; and (c) commitment to accessible administrative review of decisions made under legislation, including the following: (i) understanding of the work of the Tribunal and the administrative review process or capacity to quickly develop that understanding; (ii) commitment to the objective in section 9 of the Act; (iii) understanding of the diverse needs of parties to proceedings; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as President must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the Chief Justice of the Federal Court or a person nominated by the Chief Justice of the Federal Court; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
(1) This section applies in relation to an assessment panel established in relation to the appointment of a person as a Non‑Judicial Deputy President, senior member or general member. (2) For the purposes of paragraph 209(3)(b) of the Act, the assessment panel must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (3) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (2)(a) of this section is to chair the assessment panel.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as Chief Executive Officer and Principal Registrar must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
For the purposes of paragraph 209(3)(b) of the Act, a person must not be part of an assessment panel if the person is employed under the Members of Parliament (Staff) Act 1984.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If a person (other than the Secretary) who is part of an assessment panel for an appointment has an interest that conflicts or could conflict with the person’s participation in the assessment process, the person must disclose the nature of the interest to the Secretary. (3) Subsection (2) does not limit any other obligation of the person. Management (4) If: (a) a person (other than the Secretary) is part of an assessment panel for an appointment; and (b) the person considers that the person has a conflict of interest that could materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment; the person may choose not to participate in the assessment of the applicant. (5) If the Secretary considers that a person (other than the Secretary) who is part of an assessment panel for an appointment has a conflict of interest that would materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment, the Secretary may direct the person not to participate in the assessment of the applicant.
(1) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 21 to an SES employee, or acting SES employee, in the Department. (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If the Secretary is part of an assessment panel for an appointment and has an interest that conflicts or could conflict with the Secretary’s participation in the assessment process, the Secretary must disclose the nature of the interest to the Minister. (3) Subsection (2) does not limit any other obligation of the Secretary. Management (4) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Secretary considers that the Secretary has a conflict of interest that could materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Secretary may choose not to participate in the assessment of the applicant. (5) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Minister considers that the Secretary has a conflict of interest that would materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Minister may direct the Secretary not to participate in the assessment of the applicant.
For the purposes of paragraph 209(3)(c) of the Act, an assessment panel may only assess an applicant as suitable for an appointment if at least 2 of the persons who are part of the panel support the assessment.
(1) For the purposes of subsection 209(2) of the Act, the persons who are part of an assessment panel for an appointment are not subject to direction by the Minister in relation to the panel’s assessment of whether or not a person is suitable for the appointment. (2) Subsection (1) is subject to subsection 23(5) and section 26.
(1) This section is made for the purposes of subsection 209(2) of the Act. (2) If, for any reason, a person (the original panellist) who is part of an assessment panel for an appointment cannot participate, or continue to participate, in the assessment process for the appointment, the Minister may determine that a different person is part of the panel in place of the original panellist. (3) If the Minister makes a determination under subsection (2), the panel must continue the assessment process. (4) To avoid doubt, if the panel has done any thing in relation to the assessment process before the making of the determination, the panel is not required to do that thing again after the making of the determination.
For the purposes of paragraph 297(2)(a) of the Act, an application may be made to the Tribunal, in accordance with section 17 of the Act, for review of the following decisions (a Norfolk Island decision) made in the exercise of powers conferred by a Norfolk Island enactment:
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Norfolk Island decisions</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Decision</span></p></td></tr></thead><tbody><tr><td style="width:7.36%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:92.64%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>10(2) of the </span><span style="font-style:italic">Absentee Landowners Levy Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 of the </span><span style="font-style:italic">Animals (Importation) Act 1983</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Apiaries Act 1935</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>3A(1)(c) or (2)(a);</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>4(2);</span></p><p class="Tablea"><span>(c) subsection</span><span> </span><span>12(6)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Associations Incorporation Act 2005</span><span>:</span></p><p class="Tablea"><span>(a) section</span><span> </span><span>11;</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>29(4);</span></p><p class="Tablea"><span>(c) section</span><span> </span><span>37;</span></p><p class="Tablea"><span>(d) section</span><span> </span><span>50</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>3, 4 or 5 of the </span><span style="font-style:italic">Birds Protection Act 1913</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Bookmakers and Betting Exchange Act 1998</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>8;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>11(1) or (2);</span></p><p class="Tablea"><span>(c) a decision under subsection</span><span> </span><span>12(1) or (2);</span></p><p class="Tablea"><span>(d) a decision under subsection</span><span> </span><span>13(1) or (2);</span></p><p class="Tablea"><span>(e) a decision under section</span><span> </span><span>34;</span></p><p class="Tablea"><span>(f) a decision mentioned in subsection</span><span> </span><span>44(1) or (2)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6, 7 or 8 of the </span><span style="font-style:italic">Brands and Marks Act 1949</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in any of the following provisions of the </span><span style="font-style:italic">Building Act 2002</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>43(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>43(2)(a);</span></p><p class="Tablea"><span>(c) paragraph</span><span> </span><span>43(2)(b)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 19 of the </span><span style="font-style:italic">Business Names Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Business Transactions (Administration) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>9(2) of the </span><span style="font-style:italic">Business Transactions (Levy Imposition) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in subsection</span><span> </span><span>58(2) or (3) of the </span><span style="font-style:italic">Companies Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Crown Lands Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) a decision under subsection</span><span> </span><span>14(1);</span></p><p class="Tablea"><span>(b) a decision related to a request made under subsection</span><span> </span><span>26(1);</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>28</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Electricity (Licensing and Registration) Act 1985</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>9(4);</span></p><p class="Tablea"><span>(b) section</span><span> </span><span>13 or 14</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Environment Act 1990</span><span>:</span></p><p class="Tablea"><span>(a) a decision to reject a claim made under section</span><span> </span><span>91;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>128(1)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 or subsection</span><span> </span><span>14(2) of the </span><span style="font-style:italic">Financial Institutions Levy Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>17</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6 or 7 of the </span><span style="font-style:italic">Fuel Levy Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>5 of the </span><span style="font-style:italic">Land Administration Fees Act 1996</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Land Titles Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>138(1)(a), (b) or (c);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>146(2)(f)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>79(1) of the </span><span style="font-style:italic">Land Valuation Act 2012</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Liquor Act 2005</span><span> in relation to any of the following:</span></p><p class="Tablea"><span>(a) an application for the disqualification of a licensee or licensed premises;</span></p><p class="Tablea"><span>(b) an application for the appointment of a nominee of a licensee;</span></p><p class="Tablea"><span>(c) an application for any of the following actions to be taken in relation to a licence or permit:</span></p><p class="Tablei"><span>(i) grant;</span></p><p class="Tablei"><span>(ii) variation;</span></p><p class="Tablei"><span>(iii) relocation;</span></p><p class="Tablei"><span>(iv) transfer;</span></p><p class="Tablei"><span>(v) renewal;</span></p><p class="Tablei"><span>(vi) surrender;</span></p><p class="Tablei"><span>(vii) suspension;</span></p><p class="Tablei"><span>(viii) cancellation</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7, 11 or 18 of the </span><span style="font-style:italic">Lotteries and Fundraising Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Migratory Birds Act 1980</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>4(3), 7(2), 9(3) or 15(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>15(2)(a)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>24</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Norfolk Island Broadcasting Act 2001</span><span> other than a decision made under subsection</span><span> </span><span>10(6) of that Act</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>2A or 3A of the </span><span style="font-style:italic">Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>26</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>78(1)(a), (b) or (c) of the </span><span style="font-style:italic">Planning Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>27</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>31(a), (b), (c) or (d) of the </span><span style="font-style:italic">Public Reserves Act 1997</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>28</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a certificate under section</span><span> </span><span>15 of the </span><span style="font-style:italic">Roads Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a written notice under section</span><span> </span><span>11 of the </span><span style="font-style:italic">Subdivision Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>30</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 17 of the </span><span style="font-style:italic">Tourist Accommodation Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>31</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>4 of the </span><span style="font-style:italic">Tourist Accommodation (Ownership) Act 1989</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>32</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Trees Act 1997</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>9 to:</span></p><p class="Tablei"><span>(i) refuse to grant a permit; or</span></p><p class="Tablei"><span>(ii) endorse conditions on a permit;</span></p><p class="Tablea"><span>(b) a decision under section</span><span> </span><span>12 to refuse to register a plantation;</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>17 to refuse to grant a timber licence;</span></p><p class="Tablea"><span>(d) a decision under section</span><span> </span><span>18 to endorse conditions on a timber licence</span></p></td></tr></tbody></table>
Certain references to instruments include references to Norfolk Island enactments (1) Subsection (2) applies, for the purposes of paragraph 297(2)(b) of the Act, if: (a) the Act or an instrument made under the Act (the ART Act or instrument) applies a rule (within the ordinary meaning of the word); and (b) the rule includes a reference to an instrument made under an Act (however described); and (c) the rule applies differently in relation to a Norfolk Island decision from the way the rule applies in relation to a decision made under an instrument made under an Act; and (d) the reason for the difference is that (apart from this subsection) the reference to an instrument made under an Act does not include a reference to a Norfolk Island enactment. (2) The ART Act or instrument applies, in relation to the Norfolk Island decision, as if the reference in the rule to an instrument made under an Act included a reference to a Norfolk Island enactment (whether the enactment under which the decision is made, or another Norfolk Island enactment, as the case requires).
Note: Example 1: Section 16 of the Act provides that, for the purposes of an instrument that provides for an application to be made to the Tribunal, a decision is taken to be made if a timeframe expires without a decision having been made. This subsection extends that rule to Norfolk Island enactments for Norfolk Island decisions.
Note: Example 2: Section 54 of the Act confers on the Tribunal all the powers and discretions conferred on a decision‑maker by an instrument made under an Act. This subsection ensures that the Tribunal can exercise powers and discretions under Norfolk Island enactments in relation to Norfolk Island decisions.
(3) To avoid doubt, subsection (2) applies whether or not the rule explicitly refers to a decision. Reference to Secretary of the Department (4) For the purposes of paragraph 297(2)(b), subsection 291(2) of the Act applies, in relation to a Norfolk Island decision, as if a reference to the Secretary of the Department were a reference to the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979.
(1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment: (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument; (b) the Department must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department’s website; (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument; (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless: (i) the person applies for the appointment; and (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and (iii) the panel shortlists the person for interview based on the person’s application; and (iv) the panel interviews the person; and (v) the panel seeks at least one referee report in relation to the person; and (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant’s work; and (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part); (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument. (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).
For the purposes of paragraph 9(1)(a), the invitation for applications for an appointment must be published: (a) for at least 2 weeks on the Department’s website; and (b) in at least one other way accessible to the public.
Note: For paragraph (b), publication in a way accessible to the public could include publication in national media, on the APSJobs website or on another publicly accessible website. The APSJobs website could in 2024 be viewed at http://www.apsjobs.gov.au.
For the purposes of paragraph 9(1)(c), the Department must make the following information available to potential applicants for an appointment: (a) the selection criteria for the appointment; (b) the qualification requirements (if any) for the appointment; (c) information on remuneration for the appointment; (d) information on the assessment process for the appointment; (e) if the appointment is as a Non‑Judicial Deputy President, senior member or general member: (i) the code of conduct; and (ii) the performance standard.
Note: For example, the Department may make the information available to potential applicants on its website.
Outcome of assessment process (1) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as President must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) identification of applicants interviewed who were assessed as suitable for the appointment and the reasons for that outcome. (2) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as Non‑Judicial Deputy President, senior member, general member or Chief Executive Officer and Principal Registrar must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) for any applicants interviewed who were assessed by the panel as suitable for the appointment: (i) identification of the applicant and the reasons for that outcome; and (ii) if any person who is part of the panel did not support the assessment of the applicant as suitable—the person’s reasons for not supporting that assessment; and (c) for any applicants interviewed who were assessed by the panel as not suitable for the appointment—identification of the applicant and the reasons for that outcome. Consideration of qualification requirements (3) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as a Non‑Judicial Deputy President, senior member or general member may include information on whether the panel considers that an applicant assessed by the panel as suitable for the appointment could meet the qualification requirements for the appointment.
For the purposes of subsection 209(2) of the Act, within 28 days after an assessment panel gives the Minister a report in accordance with section 12 of this instrument, the Department must publish on its website the names of the persons who were part of the panel.
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
(1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment: (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument; (b) the Department must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department’s website; (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument; (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless: (i) the person applies for the appointment; and (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and (iii) the panel shortlists the person for interview based on the person’s application; and (iv) the panel interviews the person; and (v) the panel seeks at least one referee report in relation to the person; and (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant’s work; and (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part); (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument. (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).
For the purposes of paragraph 9(1)(a), the invitation for applications for an appointment must be published: (a) for at least 2 weeks on the Department’s website; and (b) in at least one other way accessible to the public.
Note: For paragraph (b), publication in a way accessible to the public could include publication in national media, on the APSJobs website or on another publicly accessible website. The APSJobs website could in 2024 be viewed at http://www.apsjobs.gov.au.
For the purposes of paragraph 9(1)(c), the Department must make the following information available to potential applicants for an appointment: (a) the selection criteria for the appointment; (b) the qualification requirements (if any) for the appointment; (c) information on remuneration for the appointment; (d) information on the assessment process for the appointment; (e) if the appointment is as a Non‑Judicial Deputy President, senior member or general member: (i) the code of conduct; and (ii) the performance standard.
Note: For example, the Department may make the information available to potential applicants on its website.
Outcome of assessment process (1) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as President must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) identification of applicants interviewed who were assessed as suitable for the appointment and the reasons for that outcome. (2) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as Non‑Judicial Deputy President, senior member, general member or Chief Executive Officer and Principal Registrar must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) for any applicants interviewed who were assessed by the panel as suitable for the appointment: (i) identification of the applicant and the reasons for that outcome; and (ii) if any person who is part of the panel did not support the assessment of the applicant as suitable—the person’s reasons for not supporting that assessment; and (c) for any applicants interviewed who were assessed by the panel as not suitable for the appointment—identification of the applicant and the reasons for that outcome. Consideration of qualification requirements (3) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as a Non‑Judicial Deputy President, senior member or general member may include information on whether the panel considers that an applicant assessed by the panel as suitable for the appointment could meet the qualification requirements for the appointment.
For the purposes of subsection 209(2) of the Act, within 28 days after an assessment panel gives the Minister a report in accordance with section 12 of this instrument, the Department must publish on its website the names of the persons who were part of the panel.
The selection criteria for appointment as President are: (a) if the applicant is not a Judge of the Federal Court—suitability for appointment as a Judge of the Federal Court; and (b) outstanding expertise in, and experience in the practice of, administrative law; and (c) commitment to, and ability to support, the objective in section 9 of the Act; and (d) demonstrated understanding of the diverse needs of parties to proceedings; and (e) leadership and management skills, including the following: (i) ability to lead the Tribunal, with a focus on high‑quality performance, financial sustainability and innovation; (ii) ability to inspire and support members and staff members; (iii) commitment to providing a diverse, safe and respectful workplace.
The selection criteria for appointment as a Non‑Judicial Deputy President, senior member or general member are: (a) commitment to, and ability to support, the objective in section 9 of the Act; and (b) the following, at appropriate levels for the appointment: (i) decision‑making and reasoning skills; (ii) ability to conduct hearings and other Tribunal case events; (iii) writing and communication skills; (iv) ability to be responsive to the diverse needs of parties to proceedings; (v) professionalism, independence, integrity and collegiality; (vi) productivity, diligence and resilience; (vii) understanding of, and commitment to, diverse, safe and respectful workplaces; and (c) if the appointment is as Non‑Judicial Deputy President or senior member—leadership and management skills, at an appropriate level for the appointment; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
The selection criteria for appointment as Chief Executive Officer and Principal Registrar are: (a) leadership, including the following: (i) ability to set a strategic direction and inspire people to work towards it; (ii) high standard of personal integrity and commitment to organisational integrity and accountability; (iii) commitment to fostering a strong organisational culture and a diverse, safe and respectful workplace; (iv) ability to identify and respond to possible challenges and opportunities; (v) high level of judgement; and (b) management skills, including the following: (i) ability to lead a large and complex organisation and achieve results within appropriate frameworks across diverse functions; (ii) understanding of best‑practice organisational governance; (iii) extensive experience in public administration and strong knowledge of the obligations of agency heads under the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999; (iv) ability to foster strong working relationships, including with members; and (c) commitment to accessible administrative review of decisions made under legislation, including the following: (i) understanding of the work of the Tribunal and the administrative review process or capacity to quickly develop that understanding; (ii) commitment to the objective in section 9 of the Act; (iii) understanding of the diverse needs of parties to proceedings; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as President must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the Chief Justice of the Federal Court or a person nominated by the Chief Justice of the Federal Court; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
(1) This section applies in relation to an assessment panel established in relation to the appointment of a person as a Non‑Judicial Deputy President, senior member or general member. (2) For the purposes of paragraph 209(3)(b) of the Act, the assessment panel must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (3) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (2)(a) of this section is to chair the assessment panel.
(1) For the purposes of paragraph 209(3)(b) of the Act, an assessment panel established in relation to the appointment of a person as Chief Executive Officer and Principal Registrar must be composed of the following persons: (a) the Secretary or a person nominated by the Secretary; (b) the President or a person nominated by the President; (c) a person nominated by the Minister. (2) For the purposes of paragraph 209(3)(c) of the Act, the person mentioned in paragraph (1)(a) of this section is to chair the assessment panel.
For the purposes of paragraph 209(3)(b) of the Act, a person must not be part of an assessment panel if the person is employed under the Members of Parliament (Staff) Act 1984.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If a person (other than the Secretary) who is part of an assessment panel for an appointment has an interest that conflicts or could conflict with the person’s participation in the assessment process, the person must disclose the nature of the interest to the Secretary. (3) Subsection (2) does not limit any other obligation of the person. Management (4) If: (a) a person (other than the Secretary) is part of an assessment panel for an appointment; and (b) the person considers that the person has a conflict of interest that could materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment; the person may choose not to participate in the assessment of the applicant. (5) If the Secretary considers that a person (other than the Secretary) who is part of an assessment panel for an appointment has a conflict of interest that would materially affect the person’s capacity to make an unbiased assessment of an applicant for the appointment, the Secretary may direct the person not to participate in the assessment of the applicant.
(1) The Secretary may, in writing, delegate the Secretary’s functions or powers under section 21 to an SES employee, or acting SES employee, in the Department. (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.
(1) This section is made for the purposes of paragraph 209(3)(c) of the Act. Disclosure (2) If the Secretary is part of an assessment panel for an appointment and has an interest that conflicts or could conflict with the Secretary’s participation in the assessment process, the Secretary must disclose the nature of the interest to the Minister. (3) Subsection (2) does not limit any other obligation of the Secretary. Management (4) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Secretary considers that the Secretary has a conflict of interest that could materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Secretary may choose not to participate in the assessment of the applicant. (5) If: (a) the Secretary is part of an assessment panel for an appointment; and (b) the Minister considers that the Secretary has a conflict of interest that would materially affect the Secretary’s capacity to make an unbiased assessment of an applicant for the appointment; the Minister may direct the Secretary not to participate in the assessment of the applicant.
For the purposes of paragraph 209(3)(c) of the Act, an assessment panel may only assess an applicant as suitable for an appointment if at least 2 of the persons who are part of the panel support the assessment.
(1) For the purposes of subsection 209(2) of the Act, the persons who are part of an assessment panel for an appointment are not subject to direction by the Minister in relation to the panel’s assessment of whether or not a person is suitable for the appointment. (2) Subsection (1) is subject to subsection 23(5) and section 26.
(1) This section is made for the purposes of subsection 209(2) of the Act. (2) If, for any reason, a person (the original panellist) who is part of an assessment panel for an appointment cannot participate, or continue to participate, in the assessment process for the appointment, the Minister may determine that a different person is part of the panel in place of the original panellist. (3) If the Minister makes a determination under subsection (2), the panel must continue the assessment process. (4) To avoid doubt, if the panel has done any thing in relation to the assessment process before the making of the determination, the panel is not required to do that thing again after the making of the determination.
For the purposes of paragraph 297(2)(a) of the Act, an application may be made to the Tribunal, in accordance with section 17 of the Act, for review of the following decisions (a Norfolk Island decision) made in the exercise of powers conferred by a Norfolk Island enactment:
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Norfolk Island decisions</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Decision</span></p></td></tr></thead><tbody><tr><td style="width:7.36%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:92.64%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>10(2) of the </span><span style="font-style:italic">Absentee Landowners Levy Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 of the </span><span style="font-style:italic">Animals (Importation) Act 1983</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Apiaries Act 1935</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>3A(1)(c) or (2)(a);</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>4(2);</span></p><p class="Tablea"><span>(c) subsection</span><span> </span><span>12(6)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Associations Incorporation Act 2005</span><span>:</span></p><p class="Tablea"><span>(a) section</span><span> </span><span>11;</span></p><p class="Tablea"><span>(b) subsection</span><span> </span><span>29(4);</span></p><p class="Tablea"><span>(c) section</span><span> </span><span>37;</span></p><p class="Tablea"><span>(d) section</span><span> </span><span>50</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>3, 4 or 5 of the </span><span style="font-style:italic">Birds Protection Act 1913</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Bookmakers and Betting Exchange Act 1998</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>8;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>11(1) or (2);</span></p><p class="Tablea"><span>(c) a decision under subsection</span><span> </span><span>12(1) or (2);</span></p><p class="Tablea"><span>(d) a decision under subsection</span><span> </span><span>13(1) or (2);</span></p><p class="Tablea"><span>(e) a decision under section</span><span> </span><span>34;</span></p><p class="Tablea"><span>(f) a decision mentioned in subsection</span><span> </span><span>44(1) or (2)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6, 7 or 8 of the </span><span style="font-style:italic">Brands and Marks Act 1949</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in any of the following provisions of the </span><span style="font-style:italic">Building Act 2002</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>43(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>43(2)(a);</span></p><p class="Tablea"><span>(c) paragraph</span><span> </span><span>43(2)(b)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 19 of the </span><span style="font-style:italic">Business Names Act 1976</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Business Transactions (Administration) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>9(2) of the </span><span style="font-style:italic">Business Transactions (Levy Imposition) Act 2006</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in subsection</span><span> </span><span>58(2) or (3) of the </span><span style="font-style:italic">Companies Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Crown Lands Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) a decision under subsection</span><span> </span><span>14(1);</span></p><p class="Tablea"><span>(b) a decision related to a request made under subsection</span><span> </span><span>26(1);</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>28</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Electricity (Licensing and Registration) Act 1985</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>9(4);</span></p><p class="Tablea"><span>(b) section</span><span> </span><span>13 or 14</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>15</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Environment Act 1990</span><span>:</span></p><p class="Tablea"><span>(a) a decision to reject a claim made under section</span><span> </span><span>91;</span></p><p class="Tablea"><span>(b) a decision under subsection</span><span> </span><span>128(1)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>8 or subsection</span><span> </span><span>14(2) of the </span><span style="font-style:italic">Financial Institutions Levy Act 1985</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>17</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>6 or 7 of the </span><span style="font-style:italic">Fuel Levy Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>18</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>5 of the </span><span style="font-style:italic">Land Administration Fees Act 1996</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>19</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Land Titles Act 1996</span><span>:</span></p><p class="Tablea"><span>(a) paragraph</span><span> </span><span>138(1)(a), (b) or (c);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>146(2)(f)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under subsection</span><span> </span><span>79(1) of the </span><span style="font-style:italic">Land Valuation Act 2012</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>21</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Liquor Act 2005</span><span> in relation to any of the following:</span></p><p class="Tablea"><span>(a) an application for the disqualification of a licensee or licensed premises;</span></p><p class="Tablea"><span>(b) an application for the appointment of a nominee of a licensee;</span></p><p class="Tablea"><span>(c) an application for any of the following actions to be taken in relation to a licence or permit:</span></p><p class="Tablei"><span>(i) grant;</span></p><p class="Tablei"><span>(ii) variation;</span></p><p class="Tablei"><span>(iii) relocation;</span></p><p class="Tablei"><span>(iv) transfer;</span></p><p class="Tablei"><span>(v) renewal;</span></p><p class="Tablei"><span>(vi) surrender;</span></p><p class="Tablei"><span>(vii) suspension;</span></p><p class="Tablei"><span>(viii) cancellation</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7, 11 or 18 of the </span><span style="font-style:italic">Lotteries and Fundraising Act 1987</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>23</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under any of the following provisions of the </span><span style="font-style:italic">Migratory Birds Act 1980</span><span>:</span></p><p class="Tablea"><span>(a) subsection</span><span> </span><span>4(3), 7(2), 9(3) or 15(1);</span></p><p class="Tablea"><span>(b) paragraph</span><span> </span><span>15(2)(a)</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>24</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under the </span><span style="font-style:italic">Norfolk Island Broadcasting Act 2001</span><span> other than a decision made under subsection</span><span> </span><span>10(6) of that Act</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>25</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>2A or 3A of the </span><span style="font-style:italic">Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>26</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>78(1)(a), (b) or (c) of the </span><span style="font-style:italic">Planning Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>27</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision mentioned in paragraph</span><span> </span><span>31(a), (b), (c) or (d) of the </span><span style="font-style:italic">Public Reserves Act 1997</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>28</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a certificate under section</span><span> </span><span>15 of the </span><span style="font-style:italic">Roads Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A refusal to give a written notice under section</span><span> </span><span>11 of the </span><span style="font-style:italic">Subdivision Act 2002</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>30</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>7 or 17 of the </span><span style="font-style:italic">Tourist Accommodation Act 1984</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>31</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A decision under section</span><span> </span><span>4 of the </span><span style="font-style:italic">Tourist Accommodation (Ownership) Act 1989</span></p></td></tr><tr><td style="width:7.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>32</span></p></td><td style="width:92.64%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Any of the following decisions under the </span><span style="font-style:italic">Trees Act 1997</span><span>:</span></p><p class="Tablea"><span>(a) a decision under section</span><span> </span><span>9 to:</span></p><p class="Tablei"><span>(i) refuse to grant a permit; or</span></p><p class="Tablei"><span>(ii) endorse conditions on a permit;</span></p><p class="Tablea"><span>(b) a decision under section</span><span> </span><span>12 to refuse to register a plantation;</span></p><p class="Tablea"><span>(c) a decision under section</span><span> </span><span>17 to refuse to grant a timber licence;</span></p><p class="Tablea"><span>(d) a decision under section</span><span> </span><span>18 to endorse conditions on a timber licence</span></p></td></tr></tbody></table>
Certain references to instruments include references to Norfolk Island enactments (1) Subsection (2) applies, for the purposes of paragraph 297(2)(b) of the Act, if: (a) the Act or an instrument made under the Act (the ART Act or instrument) applies a rule (within the ordinary meaning of the word); and (b) the rule includes a reference to an instrument made under an Act (however described); and (c) the rule applies differently in relation to a Norfolk Island decision from the way the rule applies in relation to a decision made under an instrument made under an Act; and (d) the reason for the difference is that (apart from this subsection) the reference to an instrument made under an Act does not include a reference to a Norfolk Island enactment. (2) The ART Act or instrument applies, in relation to the Norfolk Island decision, as if the reference in the rule to an instrument made under an Act included a reference to a Norfolk Island enactment (whether the enactment under which the decision is made, or another Norfolk Island enactment, as the case requires).
Note: Example 1: Section 16 of the Act provides that, for the purposes of an instrument that provides for an application to be made to the Tribunal, a decision is taken to be made if a timeframe expires without a decision having been made. This subsection extends that rule to Norfolk Island enactments for Norfolk Island decisions.
Note: Example 2: Section 54 of the Act confers on the Tribunal all the powers and discretions conferred on a decision‑maker by an instrument made under an Act. This subsection ensures that the Tribunal can exercise powers and discretions under Norfolk Island enactments in relation to Norfolk Island decisions.
(3) To avoid doubt, subsection (2) applies whether or not the rule explicitly refers to a decision. Reference to Secretary of the Department (4) For the purposes of paragraph 297(2)(b), subsection 291(2) of the Act applies, in relation to a Norfolk Island decision, as if a reference to the Secretary of the Department were a reference to the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979.
The selection criteria for appointment as President are: (a) if the applicant is not a Judge of the Federal Court—suitability for appointment as a Judge of the Federal Court; and (b) outstanding expertise in, and experience in the practice of, administrative law; and (c) commitment to, and ability to support, the objective in section 9 of the Act; and (d) demonstrated understanding of the diverse needs of parties to proceedings; and (e) leadership and management skills, including the following: (i) ability to lead the Tribunal, with a focus on high‑quality performance, financial sustainability and innovation; (ii) ability to inspire and support members and staff members; (iii) commitment to providing a diverse, safe and respectful workplace.
The selection criteria for appointment as a Non‑Judicial Deputy President, senior member or general member are: (a) commitment to, and ability to support, the objective in section 9 of the Act; and (b) the following, at appropriate levels for the appointment: (i) decision‑making and reasoning skills; (ii) ability to conduct hearings and other Tribunal case events; (iii) writing and communication skills; (iv) ability to be responsive to the diverse needs of parties to proceedings; (v) professionalism, independence, integrity and collegiality; (vi) productivity, diligence and resilience; (vii) understanding of, and commitment to, diverse, safe and respectful workplaces; and (c) if the appointment is as Non‑Judicial Deputy President or senior member—leadership and management skills, at an appropriate level for the appointment; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
The selection criteria for appointment as Chief Executive Officer and Principal Registrar are: (a) leadership, including the following: (i) ability to set a strategic direction and inspire people to work towards it; (ii) high standard of personal integrity and commitment to organisational integrity and accountability; (iii) commitment to fostering a strong organisational culture and a diverse, safe and respectful workplace; (iv) ability to identify and respond to possible challenges and opportunities; (v) high level of judgement; and (b) management skills, including the following: (i) ability to lead a large and complex organisation and achieve results within appropriate frameworks across diverse functions; (ii) understanding of best‑practice organisational governance; (iii) extensive experience in public administration and strong knowledge of the obligations of agency heads under the Public Governance, Performance and Accountability Act 2013 and the Public Service Act 1999; (iv) ability to foster strong working relationships, including with members; and (c) commitment to accessible administrative review of decisions made under legislation, including the following: (i) understanding of the work of the Tribunal and the administrative review process or capacity to quickly develop that understanding; (ii) commitment to the objective in section 9 of the Act; (iii) understanding of the diverse needs of parties to proceedings; and (d) any other selection criteria relevant to the operational needs of the Tribunal the Minister considers appropriate after consultation with the President.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
Selection criteria (sections 14–16). The instrument sets panel assessment benchmarks for the President, Non‑Judicial Deputy Presidents, senior and general members, and the Chief Executive Officer / Principal Registrar (legal and administrative expertise, leadership and management skills, responsiveness to diverse parties, integrity, and so on). The Minister may add operationally relevant criteria after consulting the President.
Conflict‑of‑interest rules and operational detail for panels (sections 21–26). Panel members (other than the Secretary) must disclose potential conflicts to the Secretary and may stand aside if they consider the conflict material. The Secretary can direct a panel member not to participate where the Secretary considers the conflict would materially affect impartiality; the Secretary must disclose any conflicting interest to the Minister and may stand aside; the Minister may direct the Secretary not to participate in those limited circumstances. The Secretary may delegate conflict‑management powers to Senior Executive Service (SES) employees. The Minister may replace panel members who cannot continue, and if replacement occurs the panel continues without re‑doing completed steps. Panels are not subject to general Ministerial direction about suitability assessments (subject to the limited Secretary/Minister powers above).
Norfolk Island decisions and application of the Act to Norfolk Island enactments (sections 27–28). The regulations list 32 types of Norfolk Island decisions that can be the subject of Tribunal review (for example, decisions under the Absentee Landowners Levy Act 1976, Building Act 2002 provisions, Liquor Act 2005 matters, and many others). They also provide that, where an ART rule refers to an "instrument made under an Act", that reference should be read to include the specified Norfolk Island enactments so the Tribunal can apply the same procedural rules and exercise the same discretions. The Secretary reference for Norfolk Island decisions is read as the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979.
Who is affected
Why it matters (practical effects, incentives and trade‑offs)
Clarifies procedural endpoints for certain transferred or referred applications (sections 6 and 8). That reduces uncertainty about whether a referral or second‑review can proceed if the original applicant is no longer available, but it means third parties who continue a matter can have their applications dismissed where continuation is infeasible. The Tribunal retains discretion ("may dismiss") so outcomes remain case‑sensitive.
Standardises how senior Tribunal appointments are run (sections 9–19). The rules create predictable, auditable steps (advertising, minimum application period, interviews, referee reports, written panel reports) that raise transparency and provide documentary trails for ministerial decisions. That increases administrative cost and time for recruitment but reduces risk of arbitrary appointments and supports merit‑based selection.
Balances independent assessment with limited executive influence (sections 24–26). Panels may only find suitability with at least two supporting members and are generally not subject to Ministerial direction on assessments. At the same time the Minister nominates a panel member and may replace panellists who cannot participate, and the Minister may direct the Secretary not to participate in conflict cases (section 23(5)). These are trade‑offs between operational control and independent assessment.
Imposes a modest compliance and publication burden on the Department (sections 10–13). Required public advertising (min. 2 weeks), making selection/assessment information available to potential applicants, obtaining referee reports and publishing panel membership and written outcomes will require staff time and record‑keeping. Those are predictable costs of increased transparency.
Extends Tribunal procedures to a specified set of Norfolk Island enactments (sections 27–28). Practically, people affected by the listed Norfolk Island decisions can apply to the Tribunal; the Tribunal can exercise powers and treat "no decision" in a specified way. This is an operational expansion of how the Tribunal’s procedures apply geographically and legally, but it is implemented by the regulation under the Act rather than by changing substantive Norfolk Island laws.
Possible implementation risks and frictions
Administrative capacity and timeliness: the detailed assessment and reporting requirements (interviews, referee reports, written reasons, publication within 28 days) require resourcing. If under‑resourced, recruitment timelines and the 18‑month currency requirement for assessments may be strained (see section 9(2)).
Limited but concrete points of executive influence: the Minister’s power to nominate a panel member and to replace panellists (section 17–19 and 26) and the Minister’s power under section 23(5) to direct the Secretary not to participate create identifiable channels for executive influence despite the general prohibition on Ministerial directions to panels (section 25). Those powers are limited in scope but relevant to governance and perception of independence.
Procedural reliance on a single source (referee reports): panels must seek at least one referee report (and, for member applicants who are currently members, a referee report from another member of appropriate seniority) (section 9(1)(d)(v)–(vi)). That creates dependency on peers for evidence in senior promotions, which can produce both useful insight and potential hesitancy to give candid assessments.
Legal certainty for Norfolk Island matters: the long itemised list (32 items) in section 27 clarifies coverage but also requires careful mapping between Norfolk Island provisions and Tribunal practices to avoid disputes over whether a specific decision fits an item.
Net effect on private choice and markets
Sources of concentrated benefits / diffuse costs
Practical steps for affected parties
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
This instrument is the Administrative Review Tribunal Regulations 2024.
This instrument is made under the Administrative Review Tribunal Act 2024.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible social services decision;
(b) guidance and appeals panel application;
(c) President;
(d) second review;
(e) Tribunal.
In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Norfolk Island decision has the meaning given by section 27.
qualification requirements means the requirements in:
(a) for appointment as President—subsection 205(3) of the Act; or
(b) for appointment as Non‑Judicial Deputy President—subsection 207(3) of the Act; or
(c) for appointment as senior member—subsection 208(3) of the Act; or
(d) for appointment as general member—subsection 208(4) of the Act.
Secretary means the Secretary of the Department.
selection criteria means:
(a) for appointment as President—the selection criteria mentioned in section 14; or
(b) for appointment as Non‑Judicial Deputy President, senior member or general member—the selection criteria mentioned in section 15; or
(c) for appointment as Chief Executive Officer and Principal Registrar—the selection criteria mentioned in section 16.
For the purposes of subsection 130(7) of the Act, this Part prescribes modifications of the Act as it applies in relation to a guidance and appeals panel application.
The Act applies in relation to a guidance and appeals panel application as if the following section were inserted after section 84 of the Act:
84A Tribunal may dismiss guidance and appeals panel application if first review applicant dies or is bankrupt etc.
(1) This section applies if: (a) a guidance and appeals panel application is taken to be made because of the referral of a decision of the Tribunal; and (b) the person who applied to refer the decision of the Tribunal is not the person (the first review applicant) who made the application on which the decision of the Tribunal was made. (2) The Tribunal may dismiss the guidance and appeals panel application if: (a) the first review applicant: (i) dies; or (ii) becomes bankrupt; or (iii) is wound up or otherwise ceases to exist; or (iv) becomes subject to any form of liquidation or administration (however described); and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
For the purposes of paragraph 131E(3)(b) of the Act, this Part prescribes modifications of the Act for the purposes of second review.
The Act applies for the purposes of second review as if the following section were inserted before section 85 of the Act:
84B Tribunal may dismiss second review application if first review applicant dies or is bankrupt
(1) This section applies if an application is made to the Tribunal for second review other than by the person (the first review applicant) who applied to the Tribunal for review of the related eligible social services decision. (2) The Tribunal may dismiss the application if: (a) the first review applicant: (i) if the related eligible social services decision is made under the Child Support (Registration and Collection) Act 1988 or the Student Assistance Act 1973—becomes bankrupt; or (ii) in any case—dies; and (b) the Tribunal considers that the application cannot continue because of the event mentioned in paragraph (a).
(1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment: (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument; (b) the Department must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department’s website; (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument; (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless: (i) the person applies for the appointment; and (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and (iii) the panel shortlists the person for interview based on the person’s application; and (iv) the panel interviews the person; and (v) the panel seeks at least one referee report in relation to the person; and (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant’s work; and (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part); (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument. (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).
For the purposes of paragraph 9(1)(a), the invitation for applications for an appointment must be published: (a) for at least 2 weeks on the Department’s website; and (b) in at least one other way accessible to the public.
Note: For paragraph (b), publication in a way accessible to the public could include publication in national media, on the APSJobs website or on another publicly accessible website. The APSJobs website could in 2024 be viewed at http://www.apsjobs.gov.au.
For the purposes of paragraph 9(1)(c), the Department must make the following information available to potential applicants for an appointment: (a) the selection criteria for the appointment; (b) the qualification requirements (if any) for the appointment; (c) information on remuneration for the appointment; (d) information on the assessment process for the appointment; (e) if the appointment is as a Non‑Judicial Deputy President, senior member or general member: (i) the code of conduct; and (ii) the performance standard.
Note: For example, the Department may make the information available to potential applicants on its website.
Outcome of assessment process (1) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as President must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) identification of applicants interviewed who were assessed as suitable for the appointment and the reasons for that outcome. (2) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as Non‑Judicial Deputy President, senior member, general member or Chief Executive Officer and Principal Registrar must set out the outcome of the assessment process, including: (a) identification of applicants interviewed; and (b) for any applicants interviewed who were assessed by the panel as suitable for the appointment: (i) identification of the applicant and the reasons for that outcome; and (ii) if any person who is part of the panel did not support the assessment of the applicant as suitable—the person’s reasons for not supporting that assessment; and (c) for any applicants interviewed who were assessed by the panel as not suitable for the appointment—identification of the applicant and the reasons for that outcome. Consideration of qualification requirements (3) For the purposes of paragraph 9(1)(e), the assessment panel’s report in relation to an assessment process for an appointment as a Non‑Judicial Deputy President, senior member or general member may include information on whether the panel considers that an applicant assessed by the panel as suitable for the appointment could meet the qualification requirements for the appointment.
For the purposes of subsection 209(2) of the Act, within 28 days after an assessment panel gives the Minister a report in accordance with section 12 of this instrument, the Department must publish on its website the names of the persons who were part of the panel.
The selection criteria for appointment as President are: (a) if the applicant is not a Judge of the Federal Court—suitability for appointment as a Judge of the Federal Court; and (b) outstanding expertise in, and experience in the practice of, administrative law; and (c) commitment to, and ability to support, the objective in section 9 of the Act; and (d) demonstrated understanding of the diverse needs of parties to proceedings; and (e) leadership and management skills, including the following: (i) ability to lead the Tribunal, with a focus on high‑quality performance, financial sustainability and innovation; (ii) ability to inspire and support members and staff members; (iii) commitment to providing a diverse, safe and respectful workplace.
The selection criteria for appointment as a Non‑Judicial Deputy President, senior member or general member are: (a) commitment to, and ability to support, the objective in section 9 of the Act; and (b) the following, at appropriate levels for the appointment: (i) decision‑making and reasoning skills; (ii) ability to conduct hearings and other Tribunal case events; (iii) writing and communication skills; (iv) ability to be responsive to the diverse needs of parties to proceedings; (v) professionalism, independence, integrity and collegiality; (vi) productivity, diligence and resilience; (vii) understanding of, and commitment to, diverse, safe and respectful workplaces; and (c) if the appointment is as Non‑Judicial Deputy President or senio
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