Administrative Review Tribunal Act 2024

PART 9 - ADMINISTRATIVE REVIEW COUNCIL  

Division 1 - Preliminary  

SECTION 245   SIMPLIFIED OUTLINE OF THIS PART  

This Part establishes the Administrative Review Council. The Council is separate from the Tribunal.

The Council does not review individual decisions. Its functions relate to the Commonwealth administrative law system. Those functions include matters relating to:

  • (a) monitoring the integrity and operation of the Commonwealth administrative law system; and
  • (b) inquiring into and reporting on matters related to the making of administrative decisions and the exercise of administrative discretions; and
  • (c) supporting education and training in relation to the Commonwealth administrative law system, the making of administrative decisions and the exercise of administrative discretions.

    • The Council consists of the President, the Commonwealth Ombudsman, the Australian Information Commissioner and other members appointed by the Governor-General. To be appointed, a member must have knowledge or experience in a specified area, or be a senior official of a Commonwealth entity. The Governor-General appoints one of the members to be the Chair of the Council.

    The staff assisting the Council are to be APS employees in the Department whose services are made available to the Council. For the purposes of the Public Governance, Performance and Accountability Act 2013 , the Council is part of the Department.

    The Council must report annually in relation to its operations and some systemic issues related to the making of reviewable decisions.

     

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