Document ID: chunk:federal_register_of_legislation:C2024C00576:section:23
Version: federal_register_of_legislation:C2024C00576
Segment Type: section
Provision Reference: s 23
Character Range: 37774–39534

23  Reviewing authority

Appointment
 (1) The Attorney‑General may, in writing, appoint as a reviewing authority:
 (a) a former Justice of the High Court; or
 (b) a former judge or justice of a court created by the Parliament; or
 (c) a former judge of the Supreme Court of a State or Territory; or
 (d) a person who:
 (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and
 (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and
 (iii) has been enrolled for at least 5 years.
 (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).
 (3) A person's appointment under subsection (1) ceases to have effect if:
 (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or
 (b) the Attorney‑General, in writing, revokes the appointment.
 (4) The Attorney‑General must not appoint a person as a reviewing authority unless:
 (a) the person has, by writing, consented to being appointed; and
 (b) the consent is in force.

Powers conferred personally
 (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:
 (a) in a personal capacity; and
 (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.

Powers need not be accepted
 (6) The reviewing authority need not accept the power conferred.

Protection and immunity
 (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.