Human Services Legislation Amendment Act 2011 (32 of 2011)

Schedule 2   Amendment of the Commonwealth Services Delivery Agency Act 1997

Part 2   Transitional provisions

Division 4   Proceedings in courts and tribunals

61   Transitional - administrative law proceedings

Scope

(1) This item applies to proceedings:

(a) that are pending in a court or tribunal immediately before the transition time; and

(b) to which the Chief Executive Officer is a party;

if the proceedings are:

(c) in the Administrative Appeals Tribunal; or

(d) in the Social Security Appeals Tribunal; or

(e) in a court under the Administrative Decisions (Judicial Review) Act 1977; or

(f) in a court or tribunal in relation to the review (otherwise than under the Administrative Decisions (Judicial Review) Act 1977) of:

(i) a decision; or

(ii) conduct engaged in for the purpose of making a decision; or

(iii) a failure to make a decision.

Substitution of party

(2) At the transition time, the Chief Executive Centrelink is substituted as a party to the proceedings.

Court or tribunal may make another substitution

(3) If the court or tribunal considers that it is in the interests of the administration of justice to do so, the court or tribunal may, by order, determine:

(a) that subitem (2) does not apply to the proceedings; and

(b) that a person specified in the order is substituted as a party to the proceedings.