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Administrative Review Tribunal Act 2024 (40 of 2024)
- Front Matter
- Part 1 Preliminary
- 1 Short title
- 2 Commencement
- 3 Simplified outline of this Act
- 4 Definitions
- 5 Other Acts can change how some provisions in this Act apply
- 6 Extension to external Territories
- Part 2 Establishment of Administrative Review Tribunal
- Division 1 Preliminary
- 7 Simplified outline of this Part
- Division 2 Establishment of Tribunal
- 8 Establishment
- 9 Objective
- 10 Members of Tribunal
- Part 3 Starting a review
- Division 1 Preliminary
- 11 Simplified outline of this Part
- Division 2 Key concepts for review of decisions
- Reviewable decisions
- 13 Instruments may provide for application to Tribunal for review
- 14 Decision-maker
- 15 Organisation or association whose interests are affected by a decision
- 16 Decision is taken to be made if timeframe expires
- Division 3 Applying for review of decision
- 17 Who can apply
- 18 When to apply - general rule
- 19 Exception - Tribunal may extend period
- 20 Exception - no prescribed period applies
- Division 4 After an application is made
- Subdivision A Parties to proceeding
- 21 Parties and potential parties to be notified of application
- 22 Parties to proceeding for review
- Subdivision B Provision of reasons and documents
- 23 Decision-maker must give Tribunal reasons and documents - general rule
- 24 Decision-maker must give Tribunal additional statement if Tribunal requires - general rule
- 25 Decision-maker must give Tribunal additional documents within 28 days - general rule
- 26 Decision-maker must give Tribunal additional documents on request - general rule
- 27 Decision-maker must give copies of reasons and documents to other parties - general rule
- 28 Exceptions - Tribunal may adjust requirements
- 29 Exception - while resolving whether to restrict publication or disclosure of information
- 30 Privilege and public interest
- Subdivision C Effect of application for review on decision
- 31 Decision cannot be altered outside Tribunal process
- 32 Reviewable decision continues to operate unless Tribunal orders otherwise
- Part 4 Proceedings
- Division 1 Preliminary
- 33 Simplified outline of this Part
- Division 2 Applications to Tribunal
- 34 How to apply
- 35 Applications may be made on behalf of a person
- Division 3 Practice directions
- 36 President may make practice directions
- Division 4 Constitution of Tribunal for a proceeding
- Subdivision A Constituting the Tribunal
- 37 President may constitute Tribunal for purposes of a proceeding
- 38 President must consult before including Judicial Deputy President
- Subdivision B Proceedings generally
- 39 General rules for constitution of Tribunal
- Subdivision C Guidance and appeals panel
- 40 Exception - President refers application for review that raises issue of significance
- 41 Exception - President, on appeal, refers Tribunal decision that raises issue of significance
- 42 Exception - President, on appeal, refers Tribunal decision for material error
- Subdivision D Reconstitution
- 43 Reconstitution - before hearing starts
- 44 Reconstitution - after hearing starts if member unavailable etc.
- 45 Reconstitution - involvement in dispute resolution process
- 46 Reconstitution - after hearing starts for conflict of interest or bias
- 47 Reconstitution - as guidance and appeals panel after hearing starts
- 48 After Tribunal is reconstituted
- Division 5 Tribunal procedure
- Subdivision A General principles
- 49 Tribunal has discretion in relation to procedure
- 50 Tribunal is to act informally etc.
- 51 Tribunal to be accessible
- 52 Tribunal is not bound by rules of evidence
- 53 Tribunal controls scope of review of decision
- 54 Tribunal can exercise powers of decision-maker
- 55 Right to present case
- 56 Parties and their representatives to assist Tribunal
- 57 Sittings of Tribunal
- 58 Resolving disagreements between Tribunal members
- Subdivision B Parties and representation
- 59 Attorney-General of the Commonwealth may become a party
- 60 Decision-makers may elect not to participate in kind of proceeding or Tribunal case event
- 61 Decision-maker who elects not to participate may be a non-participating party to proceeding or Tribunal case event
- 62 Tribunal may allow non-participating party to participate
- 63 Non-participating party may give submissions or be required to participate
- 64 Rules may deal with elections in relation to participation
- 65 Certain parties may seek to withdraw from being a party
- 66 Representation before Tribunal
- 67 Tribunal may appoint litigation supporter
- 68 Tribunal may appoint interpreter
- Division 6 Tribunal powers
- Subdivision A Hearings and evidence
- 69 Hearings to be in public unless practice directions or Tribunal order requires otherwise
- 70 Tribunal may restrict publication or disclosure of information
- 71 Requirements for Tribunal orders about hearings, publication and disclosure
- 72 Tribunal must notify parties of Tribunal case event
- 73 How a party may appear at a Tribunal case event
- 74 Tribunal may summon person to give evidence or produce documents
- 75 Tribunal may take evidence
- 76 Taking evidence on oath or affirmation
- 77 Payment of witness fees and allowances
- 78 Inspection of documents produced under summons
- Subdivision B Management of proceedings
- 79 Tribunal may give directions in relation to procedure for proceeding
- 80 Tribunal may hold directions hearing
- 81 Tribunal may proceed without absent party
- 82 Tribunal may adjourn Tribunal case event
- 83 Tribunal may remove party from proceeding if party fails to appear or does not comply
- 84 If applicant dies or is bankrupt, wound up or in liquidation or administration
- 85 Tribunal may remit decision to decision-maker for reconsideration
- 86 Tribunal may vary or revoke Tribunal order
- Subdivision C Dispute resolution processes
- 87 Tribunal may refer to dispute resolution process
- 88 Evidence in dispute resolution process not admissible elsewhere
- 89 Eligibility of person conducting dispute resolution process to sit as a member
- 90 Engagement of persons to conduct dispute resolution processes
- Division 7 Public interest certificates and interventions
- 91 Disclosure of information - public interest certificate
- 92 Attorney-General may intervene for public interest reasons
- 93 Attorney-General is party to proceeding
- 94 Public interest decisions made by Tribunal
- Division 8 Decision
- Subdivision A Withdrawing and dismissing applications
- 95 Applicant may withdraw application
- 96 Tribunal may dismiss application if parties consent
- 97 Tribunal must dismiss application if decision is not reviewable decision
- 98 Tribunal may dismiss application if fee is not paid
- 99 Tribunal may dismiss application if applicant does not appear
- 100 Tribunal may dismiss application if applicant fails to comply with order etc.
- 101 Tribunal may dismiss application if frivolous, vexatious etc.
- 102 Reinstatement of application
- Subdivision B Decisions agreed by parties
- 103 If parties reach agreement - review of decisions only
- Subdivision C Decision on review of reviewable decision
- 104 When this Subdivision applies
- 105 Tribunal decision on review of reviewable decision
- 106 Circumstances in which Tribunal may reach decision without hearing - review of decisions only
- 107 When Tribunal's decision on review comes into operation
- 108 Effect of Tribunal decision to vary or substitute a reviewable decision
- Division 9 Tribunal guidance decisions
- 109 Tribunal guidance decisions
- 110 Tribunal must have regard to Tribunal guidance decisions
- Division 10 After proceeding ends
- 111 Notice of decision and statement of reasons - review of reviewable decision
- 112 Notice of decision and statement of reasons - other proceedings
- 113 Tribunal may publish decisions
- 114 Tribunal may correct error in decision or statement of reasons
- 115 Taxing costs
- Division 11 Offences
- 116 Offence - failure to comply with summons
- 117 Offence - failure to take oath, make affirmation or answer question
- 118 Offence - giving false or misleading evidence
- 119 Offence - breach of non-publication or non-disclosure order
- 120 Offence - contempt of Tribunal
- Part 5 Guidance and appeals panel
- Division 1 Preliminary
- 121 Simplified outline of this Part
- Division 2 President may refer application on own initiative
- 122 President may refer application for review of decision to guidance and appeals panel
- Division 3 Party may apply to refer Tribunal decision to guidance and appeals panel
- Subdivision A Application for referral to guidance and appeals panel
- 123 Application may be made to refer certain Tribunal decisions to guidance and appeals panel
- 124 How to apply
- 125 When to apply to refer Tribunal decision
- Subdivision B After application to refer decision is made
- 126 Parties to be notified of application
- 127 Tribunal decision continues to operate unless Tribunal orders otherwise
- 128 President decides whether to refer Tribunal decision to guidance and appeals panel
- 129 Notice of President's decision
- Subdivision C Review after Tribunal decision is referred to guidance and appeals panel
- 130 Application for review proceeds if President refers Tribunal decision to guidance and appeals panel
- 131 Tribunal may have regard to records and documents from earlier proceeding
- Part 5A Second review for certain social services decisions
- Division 1 Preliminary
- 131A Simplified outline of this Part
- 131B How this Part applies
- 131C Meaning of eligible social services decision
- Division 2 General rules for second review
- 131D Who can apply
- 131E Operation of this Act and other laws
- Division 3 Modifications for second review
- 131F References to the decision-maker
- 131G Giving reasons and documents to Tribunal
- 131H Who can apply - claimant decisions
- 131J When to apply
- 131K Parties to proceeding
- 131L Limits on applying to become a party to proceeding - claimant decisions
- 131M Decision cannot be altered outside Tribunal process
- 131N No automatic election notice for decision-maker
- 131P Tribunal may have regard to records and documents from earlier proceeding
- 131Q Care percentage determinations reviewed under other Acts
- 131R Date of effect provisions
- 131S Treating events as having occurred
- 131T Remitting decisions for reconsideration
- 131U Legal or financial assistance
- 131V Operation and implementation of decision on second review
- 131W Guidance and appeals panel
- 131X Time and manner for making appeals
- Part 6 Proceedings in Intelligence and Security jurisdictional area
- Division 1 Preliminary
- 132 Simplified outline of this Part
- 133 How this Part applies
- 134 Proceedings to be conducted in Intelligence and Security jurisdictional area
- 135 Operation in relation to decision-maker
- 136 Reasons for decisions
- 137 Meaning of relevant body
- Division 2 Starting a review
- Subdivision A Applications and notice of applications
- 138 Limits on who can apply for certain reviews
- 139 Additional persons to be notified of applications for review
- 140 Applications for decisions to be reviewed again
- Subdivision B Information to be provided by agency head
- 141 Information to be provided by agency head
- Subdivision C Provision of security clearance standards
- 142 When this Subdivision applies
- 143 Director-General of Security may provide standards
- 144 Disclosure of standards
- Division 3 Proceedings
- 145 Constitution of Tribunal - general rule
- 146 Constitution of Tribunal - preventative detention decisions
- 147 Parties to proceedings
- 148 Certain hearings must be held in private
- 149 Persons entitled to be present at hearings
- 150 Relevant bodies may adduce evidence and make submissions
- 151 Order of evidence and submissions
- 152 Opportunity for further evidence and submissions
- 153 Tribunal may invite person to give evidence
- 154 Certain processes not available
- 155 Guidance and appeals panel
- Division 4 Disclosure of information
- 156 Duty of Tribunal in relation to security and law enforcement information
- 157 Restricting publication or disclosure of information
- 158 Security certificates - responsible Minister
- 159 Sensitive information certificates - Director-General of Security
- 160 Protecting identities of persons giving evidence
- 161 Public interest certificates - responsible Minister
- 162 Non-disclosure certificates under other Acts
- Division 5 Decisions on review
- Subdivision A Limits on certain decisions
- 163 Security clearance decisions
- 164 Preventative detention decisions
- Subdivision B Recording and communicating decisions
- 165 When this Subdivision applies
- 166 Making and recording findings
- 167 Communicating decisions
- 168 Findings relating to procedures or practices of agency
- 169 Applicant may publish findings
- Part 7 Appeals and references of questions of law to Federal Court
- Division 1 Preliminary
- 170 Simplified outline of this Part
- 171 Part applies whether Tribunal's power is conferred by Commonwealth, State or Territory law
- Division 2 Appeals on questions of law
- Subdivision A Appeals on questions of law
- 172 Party may appeal
- 173 Decisions about standing
- 174 Time and manner for making appeals
- 175 Constitution of Federal Court
- Subdivision B Jurisdiction and powers of Federal Court
- 176 Federal Court has jurisdiction
- 177 Court may make findings of fact
- 178 Operation and implementation of Tribunal's decision
- Division 3 Transfer of appeals to Federal Circuit and Family Court of Australia (Division 2)
- 179 Transfer of appeals
- 180 No appeal from decision to transfer
- 181 Federal Court Rules
- Division 4 Matters remitted to Tribunal
- 182 When this Division applies
- 183 Constitution of Tribunal
- 184 Tribunal may rely on previous proceedings
- Division 5 Referring questions of law
- 185 Referring questions of law
- Division 6 Sending and disclosing documents
- 186 When this Division applies
- 187 Sending documents
- 188 Returning documents
- 189 Disclosure contrary to public interest
- 190 Disclosure of security clearance documents
- 191 Disclosure to officers of the court
- Part 8 Members and staff of Tribunal
- Division 1 Preliminary
- 192 Simplified outline of this Part
- Division 2 Members of Tribunal
- Subdivision A Members and functions
- 193 Functions of President
- 194 Functions of Deputy Presidents
- 195 Functions of senior and general members
- Subdivision B Jurisdictional areas and lists
- 196 Jurisdictional areas and lists
- 197 Jurisdictional area leaders
- 198 Assignment of members to lead lists
- 199 Assignment of members to jurisdictional areas
- Subdivision C Performance and conduct of members
- 200 President may give directions to members
- 201 Code of conduct
- 202 Performance standard
- 203 President may investigate conduct of members
- 204 Protection of persons involved in investigating conduct of members etc.
- Division 3 Member appointment provisions
- Subdivision A Appointment of members
- 205 Appointment of President
- 206 Appointment of Judicial Deputy Presidents
- 207 Appointment of Non-Judicial Deputy Presidents
- 208 Appointment of senior members and general members
- 209 Minister must establish assessment panel
- 210 Appointment of a Judge not to affect tenure etc.
- 211 Extension of appointment
- 212 Acting appointments
- 213 Oath or affirmation of office
- Subdivision B Members' terms and conditions
- 214 Remuneration
- 215 Leave
- 216 Other paid work
- 217 Appearances before Tribunal
- 218 Disclosure of interests
- 219 Register of interests
- 220 Resignation
- 221 Termination of appointment
- 222 President must notify Minister about grounds for termination
- 223 Additional terms and conditions
- Division 4 Management of Tribunal
- Subdivision A Management functions of President
- 224 Management of administrative affairs of Tribunal
- Subdivision B Appointment and functions of Principal Registrar
- 225 Principal Registrar
- 226 Functions of Principal Registrar
- 227 Appointment of Principal Registrar
- 228 Acting appointments
- 229 Remuneration
- 230 Leave
- 231 Other paid work
- 232 Disclosure of interests
- 233 Resignation
- 234 Termination of appointment
- 235 Additional terms and conditions
- Subdivision C Leadership of Tribunal
- 236 Tribunal Advisory Committee
- Division 5 Staff and consultants
- 237 Appointment of registrars
- 238 Staff
- 239 APS employees and others made available
- 240 Consultants
- Division 6 Application of finance law and reporting requirements
- 241 Application of finance law
- 242 Report by President
- Division 7 Other matters concerning management
- 243 Registries
- 244 Proceedings arising out of management of Tribunal
- Part 9 Administrative Review Council
- Division 1 Preliminary
- 245 Simplified outline of this Part
- Division 2 Establishment
- 246 Administrative Review Council
- 247 Membership of Council
- 248 Application of finance law
- Division 3 Council functions etc.
- 249 Functions and powers of Council
- 250 Reports by Council
- 251 Meetings of Council
- Division 4 Appointment
- 252 Appointment of certain Council members
- 253 Appointment of Chair of Council
- 254 Qualification for appointment
- 255 Period of appointment
- 256 Acting appointments
- 257 Remuneration
- 258 Leave
- 259 Disclosure of interests
- 260 Resignation
- 261 Termination of appointment
- 262 Additional terms and conditions
- Division 5 Staff to assist Council
- 263 Arrangements relating to staff of the Department
- Division 6 Annual report
- 264 Annual report
- Part 10 Notice and information about administrative decision
- Division 1 Preliminary
- 265 Simplified outline of this Part
- Division 2 Decision-makers to give notice of decisions
- 266 Decision-maker to give notice of decision and review rights
- 267 Decision-maker must have regard to rules when giving notice of decision
- Division 3 Decision-makers to give reasons for decisions
- 268 Requesting reasons for reviewable decision from decision-maker
- 269 Decision-maker to give statement of reasons
- 270 Applying to Tribunal to obtain reasons for reviewable decision
- 271 Applying to Tribunal to obtain adequate statement of reasons
- 272 Public interest certificate in relation to statement of reasons
- Part 11 Miscellaneous
- Division 1 Preliminary
- 273 Simplified outline of this Part
- Division 2 Confidentiality
- 274 Protected information and documents
- 275 Evidence about Tribunal proceedings
- 276 Application of confidentiality provisions in other Acts and instruments
- Division 3 Delegation
- 278 Delegation by Minister
- 279 Delegation by President
- 280 Delegation by Principal Registrar
- Division 4 Performing and exercising functions and powers of Tribunal
- Subdivision A Performance and exercise of functions and powers
- 281 Who may perform or exercise functions or powers
- 282 How functions or powers must be performed or exercised
- Subdivision B Authorisations to perform and exercise functions and powers of Tribunal
- 283 Authorisations for Principal Registrar
- 284 Authorisations for members
- 285 Authorisations for registrars
- 286 Authorisations for staff members
- 287 Authorisations are subject to conditions
- Division 5 Other matters
- 288 Tribunal may give advisory opinion
- 289 Certain things required to be done in writing may be done electronically
- 290 Giving documents
- 291 Giving documents etc. to decision-maker
- 292 Calculation of short periods of time
- 293 Protection and immunity
- 294 Legal or financial assistance
- 294A Review of operation of this Act
- 294B Minister and Commonwealth entities to inform Council of action on systemic issues
- Division 6 Rules and regulations
- 295 Rules
- 296 Tribunal may charge fees
- 297 Regulations