ACT Civil and Administrative Tribunal Amendment Act 2016 (ACT)

The ACT Civil and Administrative Tribunal Amendment Act 2016 (ACT) was enacted to amend the ACT Civil and Administrative Tribunal Act 2008. The amendment sought to validate the appointments of two presidential members of the tribunal whose appointments were inadvertently repealed. Specifically, Peta Spender's appointment was to be validated for the period from 1 January 2016 to 2 February 2016, and Elizabeth Symons' appointment was to be validated for the period from 1 January 2016 to 2 April 2019.

The court was required to determine whether the Act's provisions for validating the appointments were valid and effective, despite the repeal of the appointment instruments. The central legal issue was whether the Act could validate the appointments retroactively and ensure that any actions taken by the appointees during their terms were considered valid.

The court held that the Act's provisions for validating the appointments were valid and effective. The court emphasised that the validating effect of the Act would not end due to the repeal of the Act itself, as per the Legislation Act. Furthermore, the court confirmed that the expiry of transitional provisions did not negate their effect. Consequently, Peta Spender and Elizabeth Symons were deemed to have been validly appointed as presidential members of the tribunal for the specified periods, and any actions taken by them during their terms were considered valid as if their appointments had not been repealed.

This decision ensured that the tribunal could continue to function without disruption due to the inadvertent repeal of the appointment instruments.