MacTiernan and Secretary, Department of Infrastructure and Regional Development

The Administrative Appeals Tribunal (AAT) considered the matter of *MacTiernan and Secretary, Department of Infrastructure and Regional Development*. The dispute concerned the reconstitution of the Tribunal following a remittal from the Federal Court of Australia. The primary issue before the AAT was how the Tribunal should be constituted for the rehearing of the matter, particularly in light of the terms of the remittal.

The central legal question before the AAT was whether the Tribunal should be reconstituted with the same members who had heard the matter initially, or if a different constitution was warranted given the remittal from the Federal Court. This involved an examination of the considerations relevant to reconstituting the Tribunal and the weight to be given to the specific terms upon which the Federal Court had remitted the case.

Justice Kerr, President, determined that the Tribunal should be reconstituted as previously constituted. The reasoning applied was that the Federal Court's remittal did not necessitate a change in the Tribunal's composition. The President considered the nature of the remittal and concluded that the existing constitution was appropriate to rehear the matter, thereby upholding the principle that a remitted matter should generally be heard by the same tribunal unless specific circumstances dictate otherwise.