A new system of federal administrative review

Key features of the reform

The commencement of the ART is part of a significant reform to Australia’s system of administrative review that includes:

• a transparent and merit-based appointments process
• additional members to address existing backlogs
• sustainable funding arrangements
• a single, updated case management system to address critical business risks
• procedural efficiencies and process improvements
• support services with an emphasis on early resolution where possible.

Passage of legislation

The 3 Acts that establish the ART came into effect on14 October 2024:

• the Administrative Review Tribunal Act 2024 (ART Act) establishes the new Tribunal and re-establishes the Administrative Review Council
• the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Consequential Act 1) abolishes the AAT, makes amendments to 138 Commonwealth Acts (covering around 93% of the AAT’s current caseload) to ensure that existing legislation operates as intended for the new ART, and will enable the transition of AAT staff, operations and matters to the ART
• the Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024, (Consequential Act 2) makes amendments to 110 Commonwealth Acts (including amendments to a number of Commonwealth Acts requiring state and territory consultation) to ensure continuity for the ART and its users.

For more information on key features of the new ART, as well as detail on parliamentary consideration of the Acts, refer to the overview of the Administrative Review Tribunal legislation.

Public consultation

The reform has been informed by:

• the outcomes of public consultation undertaken in April and May 2023
• guidance from the Administrative Review Expert Advisory Group, chaired by former High Court Justice, the Hon Patrick Keane AC KC
• close engagement across government and with the AAT
• targeted consultation on draft legislation in September and October 2023
• the parliamentary scrutiny process.

We released the Administrative Review Reform Issues Paper and short survey on 3 April 2023. We received 120 formal submissions and 287 short survey responses, and met with over 140 individuals and organisations in 80 consultation meetings throughout April and May 2023 to discuss the matters in the issues paper.

We also met with over 400 AAT staff and over 160 AAT members and heard directly from AAT users across a number of user experience consultation sessions.

Subordinate legislation

The Administrative Review Tribunal Regulations 2024 (ART Regulations) were tabled in Parliament on 19 September 2024 and came into effect on 14 October 2024.

The ART Regulations contain detailed requirements for the transparent and merit-based appointment of non-judicial members to the ART, setting out comprehensive arrangements for the assessment process and prescribing robust safeguards to protect the integrity of the assessment process.

The ART Regulations support the operation of the ART Act. In addition to the provisions relating to member appointments, they contain technical provisions providing for review of Norfolk Island decisions and the operation of the Act when a decision-maker appeals to the guidance and appeals panel or second review. Development of the ART Regulations involved targeted consultation with peak bodies and legal professional bodies.

The Administrative Review Tribunal Rules 2024 (ART Rules) were tabled in Parliament on 8 October 2024 and came into effect on 14 October 2024. The ART Rules deal with:

• timeframes for making applications to the Tribunal
• application fees
• witness fees and allowances
• election and participation notices
• decisions that cannot be appealed to the guidance and appeals panel, authorisations for members, registrars and staff to exercise Tribunal powers and functions
• matters which should generally be included in notices of administrative decisions and review rights.

Consultations on the ART Rules took place between 23 July and 5 August 2024. We received 13 submissions, and held 2 consultation meetings in August 2024 to discuss the draft ART Rules.

The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 (Transitional Rules) were made on 10 October 2024, and came into effect on 14 October 2024. The Transitional Rules deal with:

• preserving the AAT’s Enterprise Agreement so that it applies to staff of the ART
• making practice directions, establishing lists and assigning jurisdictional area leader immediately following the ART’s commencement
• ensuring timeframes for making an application (between the previous law and new law) are clear
• appeals and applications to the courts from decisions of the Immigration Assessment Authority (IAA) after it is abolish, and
• modifying the timeframes for making an application for a review of a reviewable migration and reviewable protection decision for 6 months after commencement, so that individuals in immigration detention have 7 working days to lodge their application.

Expert Advisory Group

An Advisory Group provided significant guidance on the reform to Australia’s system of federal administrative review between February 2023 and August 2024.

The Advisory Group comprised:

• former High Court Justice, the Hon. Patrick Keane AC KC (Chair)
• Ms Rachel Amamoo
• Emeritus Professor Robin Creyke AO
• Professor Anna Cody
• Emeritus Professor Ron McCallum AO
• The Hon. Alan Robertson SC
• Emeritus Professor Cheryl Saunders AO.

Appointments

The ART Act enshrines a transparent and merit-based selection process for members, who are responsible for making the ART’s decisions. This ensures independent and high-quality decision making within the ART.

Other than Judicial Deputy Presidents, all member positions in the ART are required to be filled through a competitive, publicly-advertised and merit-based process conducted by an assessment panel. This process is supported by regulations that set out detailed procedures and selection criteria for the process.

For information about appointments made in the course of this reform (between 16 December 2022 and 14 October 2024), visit our Appointments to the Administrative Review Tribunal page.

Arrangements for AAT staff

All ongoing and non-ongoing Australian Public Service staff employed by the AAT at the time of the ART’s commencement on 14 October 2024 have transitioned to the new Tribunal on the same terms and conditions.

Impact on AAT cases

All matters that were before the AAT on 14 October 2024 have transitioned to the ART.

Applicants who applied to the AAT for review of a decision before that date do not need to submit a new application or take any other action.

If you have received an AAT decision, your matter is considered finalised. It will not be considered again by the ART.

The jurisdiction of the ART is the same as the AAT’s. The ART can review decisions made under a wide range of Commonwealth Acts and instruments, including in areas of child support, workers’ compensation, social security, the NDIS, migration and refugee visas, taxation, security and veterans’ entitlements.

More information for Tribunal users is available in Fact sheet: the new Administrative Review Tribunal.

More information

To contact the ART, please refer to its website.

To contact the Taskforce about the reform, please email AATReformEnquiries@ag.gov.au