Administrative Review Tribunal Act 2024
PART 3
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STARTING A REVIEW
Division 2
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Key concepts for review of decisions
SECTION 14
DECISION-MAKER
General rule
14(1)
The decision-maker for a decision is the person who makes the decision.
Exception - person ceases to hold office, appointment or position
14(2)
Despite subsection (1) , if: (a) a person makes a decision as the holder or occupier of an office, appointment or position; and (b) the person ceases to hold or occupy the office, appointment or position;
Exception - any other circumstance
14(3)
If subsections (1) and (2) do not apply in relation to a decision, the decision-maker for the decision is the person specified by the President.
Specifying a decision-maker
14(4)
The President must not specify a person under paragraph (2)(d) or subsection (3) unless the President considers that the person is the person most able to satisfy the requirements imposed by this Act on decision-makers of reviewable decisions.
14(5)
If the President specifies the person in writing, the specification is not a legislative instrument.
Extension - unincorporated decision-maker is treated as if it were a person
14(6)
If a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an Act or an instrument made under an Act to make a decision, this Act applies as if that board, committee or other body were a person empowered to make the decision.
Clarification - decisions made by delegates
14(7)
Subject to this Act, if an Act or an instrument made under an Act confers power on a person or body (the authority ) to delegate a function or power in relation to a decision, a function or power so delegated, when performed or exercised by the delegate, is, for the purposes of this Act, taken to have been performed or exercised by the authority.
General rule
14(1)
The decision-maker for a decision is the person who makes the decision.
Note:
For when Tribunal decisions are taken to be made by the decision-maker, see subsection 108(2) .
Exception - person ceases to hold office, appointment or position
14(2)
Despite subsection (1) , if: (a) a person makes a decision as the holder or occupier of an office, appointment or position; and (b) the person ceases to hold or occupy the office, appointment or position;
the decision-maker for the decision is:
(c) the person who holds or occupies the office, appointment or position; or (d) if there is no person who holds or occupies the office, appointment or position - the person specified by the President.Exception - any other circumstance
14(3)
If subsections (1) and (2) do not apply in relation to a decision, the decision-maker for the decision is the person specified by the President.
Specifying a decision-maker
14(4)
The President must not specify a person under paragraph (2)(d) or subsection (3) unless the President considers that the person is the person most able to satisfy the requirements imposed by this Act on decision-makers of reviewable decisions.
14(5)
If the President specifies the person in writing, the specification is not a legislative instrument.
Extension - unincorporated decision-maker is treated as if it were a person
14(6)
If a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an Act or an instrument made under an Act to make a decision, this Act applies as if that board, committee or other body were a person empowered to make the decision.
Clarification - decisions made by delegates
14(7)
Subject to this Act, if an Act or an instrument made under an Act confers power on a person or body (the authority ) to delegate a function or power in relation to a decision, a function or power so delegated, when performed or exercised by the delegate, is, for the purposes of this Act, taken to have been performed or exercised by the authority.