Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:16_30
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 16 cl 30
Character Range: 383793–385784

30  AAT members—certain appointments on or after 1 January 2023
(1) This item applies if:
 (a) a person was a member of the AAT immediately before the transition time; and
 (b) the person is not covered by a previous provision of this Part; and
 (c) the person was appointed as a member of the AAT:
 (i) on or after 1 January 2023; and
 (ii) as a result of a selection process conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal.
(2) At the transition time, the person becomes:
 (a) if the person was a Deputy President but not a judge—a Non‑Judicial Deputy President of the ART; or
 (b) if the person was a senior member (level 1 or 2)—a senior member of the ART; or
 (c) if the person was a member (level 1, 2 or 3)—a general member of the ART.
(3) If the person was a full‑time member, the person becomes a salaried member of the ART.
(4) If the person was a part‑time member, the person becomes a sessional member of the ART.
(5) The person is taken to be appointed to the ART for the remainder of the term for which the person was appointed as a member of the AAT.
(6) For the remainder of that term, the terms and conditions (including remuneration) of the person's appointment to the ART must be equal to, or better than, the terms and conditions that applied to the person as a member of the AAT immediately before the transition time.
Note: The person's remuneration will not be better than their remuneration as a member of the AAT unless a higher level of remuneration is determined by the Remuneration Tribunal.
(7) If, immediately before the transition time, the person was a member of the AAT, the person may be reappointed as a member of the ART as if the person's appointment as a member of the AAT were an appointment as a member of the ART.
(8) To avoid doubt, any leave entitlements the person had accrued immediately before the transition time as a member of the AAT continue in effect for the person as member of the ART.