Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:16_33a
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 16 cl 33A
Character Range: 390214–392973

33A  Appointments to commence at or shortly after the transition time

AAT President to be consulted on member appointments before transition time
(1) Subitems (2) and (3) apply to any appointment of a person made in the exercise before the transition time of a power conferred by section 206, 207 or 208 of the new Act.
(2) Paragraphs 206(2)(b), 207(2)(a) and 208(2)(a) of the new Act do not apply to the appointment of the person.
(3) Before the Minister makes a recommendation to the Governor‑General to appoint the person, the Minister must seek, and take into account, the advice of the President of the AAT in relation to:
 (a) whether the appointment would meet the operational needs of the Tribunal; and
 (b) unless the appointment is as a Judicial Deputy President—the financial capacity of the Tribunal for the appointment; and
 (c) the effect of the appointment on the relative numbers of Judicial Deputy Presidents, Non‑Judicial Deputy Presidents, senior members and general members.

Members assessed before the transition time
(4) Paragraphs 207(2)(b) and 208(2)(b) of the new Act do not apply to the appointment of a person assessed as suitable for the appointment through a selection process that:
 (a) is conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal; and
 (b) commences on or after 1 July 2023.
Note: For appointment of non‑judicial members, the Guidelines require public advertising of the position and an assessment, by a panel of persons, of candidates' suitability for the appointment against core selection criteria.
(5) Subitem (4) ceases to be in force 6 months after the transition time.

AAT President's agreement required for appointment of Chief Executive Officer and Principal Registrar before transition time
(6) Subitems (7) and (8) apply to any appointment of a person made in the exercise before the transition time of the power conferred by section 227 of the new Act.
(7) Paragraph 227(2)(c) of the new Act does not apply to the appointment of the person.
(8) Before the Minister makes a recommendation to the Governor‑General to appoint the person, the Minister must obtain the agreement of the President of the AAT to the appointment.

Chief Executive Officer and Principal Registrar assessed before the transition time
(9) Paragraph 227(2)(b) of the new Act does not apply to the appointment of a person assessed, by a panel of persons, as suitable for the appointment through a selection process that:
 (a) is merit‑based; and
 (b) includes public advertising of the position; and
 (c) commences on or after 1 February 2024.
(10) Subitem (9) ceases to be in force 1 month after the transition time.

Part 8—Matters specific to particular Acts

Division 1—Migration