Administrative Review Tribunal Act 2024
PART 11
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MISCELLANEOUS
Division 3
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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:
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.
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
(b) a function or power under a provision listed in the following table.
(iii) authorised under section 281 to perform or exercise the function or power; or
| 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.