23Reviewing authority

23 Reviewing authority

Appointment (1) The Attorney‑General may, in writing, appoint as a reviewing authority: (a) a former Justice of the High Court; or (b) a former judge or justice of a court created by the Parliament; or (c) a former judge of the Supreme Court of a State or Territory; or (d) a person who: (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and (iii) has been enrolled for at least 5 years. (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1). (3) A person’s appointment under subsection (1) ceases to have effect if: (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or (b) the Attorney‑General, in writing, revokes the appointment. (4) The Attorney‑General must not appoint a person as a reviewing authority unless: (a) the person has, by writing, consented to being appointed; and (b) the consent is in force. Powers conferred personally (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority: (a) in a personal capacity; and (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal. Powers need not be accepted (6) The reviewing authority need not accept the power conferred. Protection and immunity (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.