42Merits review proceedings

42  Merits review proceedings

 (1) The obligation to act as a model litigant extends to merits review proceedings.

 (2) The Commonwealth, and a Commonwealth entity other than a GBE, should use its best endeavours to assist the tribunal to make its decision.

Note: The term litigation is defined in section 4 in terms that encompass merits review before tribunals. There are particular obligations in relation to assisting a tribunal engaged in merits review to arrive at a decision. It is important to pay close attention to the legislation under which a tribunal is established, and any practice directions issued by the tribunal. In the case of the Administrative Review Tribunal, see, in particular, section 56 of the Administrative Review Tribunal Act 2024.