Administrative Justice Act (Cap. 490)
Administrative Justice Act (Cap. 490), article 10
10. (1) In proceedings before it, the Administrative Review
Tribunal shall be assisted by tw o assistants, appointed under t his
article, whom the Administrative Review Tribunal may consult in
any case for its decision.
(2) Such consultation shall take place in open court or in
camera and the Administrative Rev iew Tribunal shall not be boun d
to abide by the opinion of the assistants.
(3) The two assistants shall be appointed by the President of
Malta, acting on the advice of the Prime Minister from amongst
persons who, in the Prime Minister’s opinion, have previous
ADMINISTRATIVE JUSTICE [CAP. 490. 5
experience and special qualifica tions in a particular field of
expertise falling within the competence of the Administrative
Review Tribunal.
(4) The President of Malta, acting on the advice of the Prime
Minister, may appoint panels of assistants depending on the sub ject
matter of the dispute and the Secretary shall select two assist ants
from each panel for each case.
(5) The President of Malta, acting on the advice of the Prime
Minister may, from time to time, add to or vary such order to
include, remove, fuse together or change existing panels as the case
may be.
(6) The President of Malta, acting on the advice of the Prime
Minister, may at any time, appoint more than two persons on eac h
panel as assistants of the Administrative Review Tribunal, but only
two such persons from each panel shall assist the said Tribunal in
any one case.
(7) The office of an assistant of the Administrative Review
Tribunal shall become vacant:
(a) at the expiration of four years from the date of
appointment unless such appointment is renewed for a
period or furth er periods of four years; or
(b) following removal from off ice in the same manner and
on the same grounds as a magistrate may be removed
from office; or
(c) following a written request addressed to the Prime
Minister to that effec t by such assistant.
(8) The assistants of the Administrative Review Tribunal may
abstain or be challenged in the same manner and on the same
grounds as, according to law, a magistrate may abstain or be
challenged. Any question regarding any cause of abstention or
challenge shall be decided by the Chairperson.
(9) In the exercise of his or her function, an assistant of the
Administrative Review Tribunal shall not be subject to the
direction or control of any other person or authority other tha n the
Chairperson of the Administrative Review Tribunal.
(10) Upon appointment, an assistant of the Administrative
Review Tribunal shall take an oath of office. The oath shall be
taken before the Chairperson.
(11) An assistant of the Administrative Review Tribunal shall
receive such remuneration as the President of Malta, acting on the
advice of the Prime Minister, may by order to be published in t he
Gazette from time to time prescribe. Such remuneration may not be
altered to the disadvantage of an assistant during his or her p eriod
of office.
Sittings of the
Administrative
Appeals Tribunal.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.