Role Description – List Leader
1. This document outlines the President’s expectations regarding the role of a List Leader
and the performance of their functions.
Overview of role
2. A List Leader is assigned to lead one or more Lists by the President, in consultation with
the relevant Jurisdictional Area Leader (JAL).
3. Under section 198(1) of the
Administrative Review Tribunal Act 2024 (Act), a List Leader
must be a Deputy President or a Senior Member. Accordingly, a List Leader’s functions
are in addition to a Non-Judicial Deputy President’s functions under section 194(2) or a
Senior Member’s functions under section 195(1).
4. The functions of a Non-Judicial Deputy President under section 194(2) of the Act are as
follows:
(a) to participate as a member of the Tribunal, particularly in proceedings involving complex,
significant or sensitive matters;
(b) to ensure that the Tribunal continually pursues the objective in section 9;
(c) to provide intellectual leadership to the Tribunal, including by promoting best practice in
decision-making by the Tribunal;
(d) to assist the President in the performance of the President’s functions;
(e) if assigned under section 197 to be a jurisdictional area leader—to perform the functions of
a jurisdictional area leader;
(f) any other functions conferred on a Non-Judicial Deputy President by this Act or another
Act;
(g) to do anything incidental or conducive to the performance of any of the above functions.
5. The functions of a Senior Member under section 195(1) of the Act are as follows:
(a) to participate as a member of the Tribunal, particularly in proceedings involving more
complex matters;
(b) to assist each jurisdictional area leader of each jurisdictional area to which the senior
member has been assigned in the performance of the jurisdictional area leader’s functions;
(c) to promote best practice in decision-making by the Tribunal;
(d) any other functions conferred on a senior member by this Act or another Act;
(e) to do anything incidental or conducive to the performance of any of the above functions.
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6. A key focus of a List Leader is to model quality decision-making and provide mentoring
and guidance to the members in their List.
7. In order to assist their JAL, List Leaders will maintain a detailed awareness of caseload
issues in their List and a general awareness of issues and trends in their jurisdictional
area.
Administrative functions
8. List Leaders wil perform the day-to-day administrative functions relating to the members
in their List, including approving requests for recreation leave and other forms of leave to
the extent power to do so is delegated to them by the President. List Leaders must comply
with any guidelines issued by the President in relation to approval of leave, such as the
need for medical certificates for personal leave.
9. List Leaders wil assess applications for work from home arrangements from members in
their List and make recommendations to their JAL. Those recommendations must be in
accordance with the Tribunal’s work from home policy.
10. List Leaders wil provide such information and recommendations to senior executives of
the Tribunal (such as the executive support team and the national listings team) as those
executives may require (consistent with any protocols approved by the President) to
enable them to perform their functions.
11. List Leaders will assess case reweighting requests from members in their List (in
accordance with any criteria and procedures approved by the President) and make
recommendations to their JAL in relation to such requests.
12. List Leaders wil provide the information required by their JAL in performing the JAL’s
functions. List Leaders wil be subject to the oversight of their JAL and are expected to
perform their functions within guidelines and directions set by their JAL. List Leaders
should escalate to their JAL any issues of significance or which affect their jurisdictional
area as a whole.
Leadership of List members
13. List Leaders wil lead the members in their List by:
(a) building and maintaining specialist knowledge in the matters in the List;
(b) sharing their knowledge with other members and registrars conducting matters in
the List;
(c) promoting high quality decision-making by, for example, writing exemplary
decisions and sharing other examples of well-reasoned decisions;
(d) monitoring decisions made within the List and judicial review and appeal outcomes
to identify opportunities for individual or general feedback and improvement,
guidance or professional development;
(e) monitoring the efficiency and productivity of members in the List;
(f) convening meetings of members in the List from time to time to discuss recent
developments affecting cases in the List, emerging issues in decision-making and
other matters of interest to members in the List;
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(g) undertaking the tasks set out below under the heading ‘Education, training and
professional development’; and
(h) being aware of morale and wellbeing issues within the List and providing pastoral
care to members as required.
Caseload issues and trends
14. List Leaders will maintain an awareness of any issues or trends in their List’s caseload by
reviewing caseload and member performance reports.
15. List Leaders will support their JAL to provide advice and recommendations to the President
as a member of the Tribunal Advisory Committee (TAC) on any matters falling within the
functions of JALs and the TAC. Those matters include issues, trends and patterns in the
jurisdictional area. List Leaders will be responsible for supplying the necessary information
and making any recommendations to their JAL.
Performance and conduct
16. Within their List, List Leaders will promote awareness of and compliance with the code of
conduct and performance standard, encouraging a culture of excellence, efficiency,
respect for others, and quality decision-making.
17. List Leaders will review monthly member performance reports which contain information
about hearings, adjournments, timeliness, decisions and the outcome of judicial review
proceedings and appeals.
18. The performance standard sets out detailed requirements with which members must
comply. Under the performance standard, List Leaders are required to undertake
monitoring and reporting functions which are critical to upholding minimum standards of
performance by members. List Leaders will discharge their responsibilities under the
performance standard transparently, fairly and diligently. List Leaders wil liaise with their
JAL relating to the performance standard, as appropriate.
19. List Leaders wil also monitor behavioural issues relating to members in their List and
report any possible breaches of the code of conduct to the General Counsel. List Leaders
wil liaise with their JAL relating to the code of conduct, as appropriate.
20. The code of conduct and performance standard apply to List Leaders. Subject to any
adjustments approved by the President, List Leaders are expected to undertake a full
caseload, focussing on cases involving complex, significant or sensitive matters (in the
case of a List Leader who is a Non-Judicial Deputy President) or on more complex cases
(in the case of a List Leader who is a Senior Member).
Education, training and professional development
21. List Leaders will mentor members in their List, foster mentoring relationships within their
List (particularly for new members) and encourage a culture of mentorship across all levels
of member.
22. List Leaders will provide individual feedback to members in their List to improve their
hearing and decision-making skills.
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23. List Leaders wil provide recommendations to their JAL regarding individual or List-specific
education, training and professional development opportunities for members in their List.
24. Subject to the President’s approval, List Leaders wil provide such assistance as their JAL
may require in relation to the preparation of education, training and professional
development resources, and the conduct of approved education, training, and professional
development programs.
Identification of systemic issues
25. JALs are responsible for informing the President of systemic issues and identifying suitable
cases for referral to the Guidance and Appeals Panel for a Tribunal guidance decision.
List Leaders will assist their JAL to perform this function by identifying novel or systemic
issues and raising them for their JAL’s consideration. List Leaders are well placed to
identify patterns and issues through their own decision-making and regular review of the
decisions made by members within their List, as well as through information obtained from
members and registrars.
Information to assist List Leaders
26. The Tribunal’s executive support team wil provide reports and other information to the List
Leaders to assist them in performing their functions. List Leaders should direct requests
for any information to that team, who wil then coordinate the collection and provision of
the information.
Dated: 14 October 2024
The Hon Justice Kyrou AO
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Document Outline
