Commonwealth Numbered Acts Commonwealth Numbered ActsAppointment
(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 Appeals Tribunal as Deputy President or senior member (of any level); 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 Appeals 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.