Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 10

Acting President

             (1)  The Governor‑General may appoint a Judge of the Federal Court of Australia to act as President during any period, or during all periods, when the President is absent from duty or from Australia or during a vacancy in the office of President.

Acting Deputy President

             (2)  If a Deputy President is, or is expected to be:

                     (a)  in the case of a full‑time Deputy President--absent from duty or from Australia; or

                     (b)  in the case of a part‑time Deputy President--unavailable to perform the duties of his or her office;

the Governor‑General may appoint a person qualified to be appointed as a Deputy President:

                     (c)  in a case to which paragraph (a) applies--to act as a full‑time Deputy President during the absence; or

                     (d)  in a case to which paragraph (b) applies--to act as a part‑time Deputy President during the period of unavailability.

Acting non‑presidential member

             (3)  Where a non‑presidential member is, or is expected to be:

                     (a)  in the case of a full‑time member--absent from duty or from Australia; or

                     (b)  in the case of a part‑time member--unavailable to perform the duties of his or her office;

the Governor‑General may appoint a person:

                     (c)  in a case to which paragraph (a) applies--to act as a full‑time non‑presidential member during the absence; or

                     (d)  in a case to which paragraph (b) applies--to act as a part‑time non‑presidential member during the period of unavailability.

             (4)  A person shall not be appointed under subsection (3) to act as a senior member, or as a non‑presidential member other than a senior member, unless the person is qualified to be appointed as a senior member or as such a non‑presidential member, as the case requires.

Extension of acting appointment

             (5)  Where a person has been appointed under subsection (2) or (3), the Minister may, by reason of a pending proceeding or other special circumstances, direct, before the absent or unavailable member ceases to be absent or unavailable, that the person so appointed shall continue to act under the appointment after the member ceases to be absent or unavailable until he or she resigns the appointment or the Governor‑General terminates the appointment, but a person shall not continue to act by virtue of this subsection for more than 12 months after the member ceases to be absent or unavailable.

             (6)  Where a person has been appointed under this section to act as a member during the absence or unavailability of a member and the member ceases to hold office without having resumed duty or become available to perform the duties of his or her office, the period of appointment of the person so appointed shall, subject to this Act, be deemed to continue until he or she resigns the appointment, the appointment is terminated by the Governor‑General or a period of 12 months elapses from the day on which the absent or unavailable member ceases to hold office, whichever first happens.

Terms and conditions

             (7)  A person acting as a Deputy President or as a non‑presidential member shall act in that capacity on such terms and conditions as the Minister determines.

Resignation

             (9)  A person who is acting as:

                     (a)  President; or

                     (b)  a Deputy President; or

                     (c)  a non‑presidential member;

may resign his or her acting appointment by giving the Governor‑General a written resignation. The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

Exercise of powers

           (10)  A person acting as the President, as a Deputy President, as a senior member or as a non‑presidential member other than a senior member in accordance with this section has and may exercise all the powers, and shall perform all the functions and duties, conferred or imposed by this Act on the President, on a Deputy President, on a senior member or on a non‑presidential member other than a senior member, as the case may be, and, for the purposes of the exercise of those powers, or the performance of those functions and duties, this Act has effect as if a reference to the President, to a Deputy President, to a senior member or to a non‑presidential member other than a senior member included a reference to a person acting as the President, as a Deputy President, as a senior member, or as a non‑presidential member other than a senior member, as the case may be.

Validity of decisions etc.

           (11)  Where the Tribunal is constituted for the purposes of a proceeding by, or the Tribunal as constituted for the purposes of a proceeding includes, a person acting or purporting to be appointed under this section, or a person so acting or purporting to be appointed has done any act, the validity of any decision of, or of any direction given or other act done by, the Tribunal as so constituted or of the act done by the person so acting or purporting to be appointed shall not be called in question in any proceeding on the ground that the occasion for the person to act or for the appointment of the person had not arisen or that the occasion for his or her appointment had passed or his or her appointment had ceased to have effect.