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"Judge or nominated AAT member" AAT members are not judges, so does a judge need to nominate these AAT members? Even if they do, I think many would argue that
by hazza_n_dazza 5y ago
"Judge or nominated AAT member"
AAT members are not judges, so does a judge need to nominate these AAT members? Even if they do, I think many would argue that the AAT should not be fulfilling this role. Only judges should, as they are talking about crimes with seven or more year sentences.
- 8372049 5y ago13 Nominated AAT members (1) The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under this Part: (a) Deputy President; (b) senior member (of any level); (c) member (of any level). (2) Despite subsection (1), the Minister must not nominate a person who holds an appointment as a part‑time senior member or a member of the Tribunal unless the person: (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and (b) has been so enrolled for not less than 5 years. (3) A nomination ceases to have effect if: (a) the nominated AAT member ceases to hold an appointment described in subsection (1); or (b) the Minister, by writing, withdraws the nomination. (4) A nominated AAT member has, in relation to the performance or exercise of a function or power conferred on a nominated AAT member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court. Source: Section 13 of the law https://www.legislation.gov.au/Details/C2017C00193 https://www.legislation.gov.au/Details/C2017C00193