Administrative Review Tribunal Act 2024

PART 11 - MISCELLANEOUS  

Division 3 - Delegation  

SECTION 279   DELEGATION BY PRESIDENT  
General rule

279(1)    
The President may, in writing, delegate the President ' s functions or powers under this Act, another Act or an instrument made under an Act to:

(a)    a member; or

(b)    the Principal Registrar; or

(c)    a registrar; or

(d)    a staff member.

Exception - functions and powers that must not be delegated

279(2)    
Despite subsection (1) , the President must not delegate:

(a)    a function or power the President has because the President is:

(i) a member of the Tribunal as constituted for the purposes of a proceeding; or

(ii) a Council member; or

(iii) authorised under section 281 to perform or exercise the function or power; or

(b)    a function or power under a provision listed in the following table.

Functions and powers the President must not delegate
Item	Column 1 Provision	Column 2 Summary of topic of provision
1	section 14	decision-maker
2	Division 3 of Part 4	practice directions
3	subsection 109(2)	Tribunal guidance decisions
4	Division 5 of Part 7	referring questions of law
5	section 196	jurisdictional areas and lists
6	section 197	jurisdictional area leaders
7	section 199	assignment of members to jurisdictional areas
8	section 200	President may give directions to members
9	section 201	code of conduct
10	section 202	performance standard
11	subsection 203(3)	President may restrict member ' s duties
12	section 222	President must notify Minister about grounds for termination
13	Subdivision B of Division 4 of Part 8	appointment and functions of Principal Registrar

Delegates must comply with directions

279(3)    
In performing or exercising a function or power delegated under this section, the delegate must comply with any written directions of the President.