Administrative Review Tribunal

Legislation to establish the Administrative Review Tribunal (ART) was passed on 28 May 2024 and comes into effect on 14 October 2024.

The ART will review administrative decisions under more than 400 Commonwealth Acts and legislative instruments. It provides the public with an avenue to review government decisions on important matters that affect them, including social security, migration and taxation decisions.

An independent review tribunal is essential to protecting the rights and interests of organisations and individuals, including the most vulnerable members of the community. Effective review upholds the integrity of government programs and promotes government accountability. High-quality review encourages improved decision-making across government.

The decision to abolish the Administrative Appeals Tribunal and establish the new ART includes these reforms:

  • re-establishment of the Administrative Review Council, as recommended by the Royal Commission into the Robodebt Scheme, to provide education and training for Commonwealth officials and improve the quality of future administrative decision-making
  • establishment of a guidance and appeals panel to consider and resolve issues of significance in administrative decision-making
  • legislated focus on accessibility
  • detailed merit-based appointment provisions
  • code of conduct and performance standards for statutory office holders, with enforceable consequences including termination
  • new powers to appoint litigation supporters that reflect the findings and recommendations of the Disability Royal Commission
  • harmonisation and enhancement of tribunal powers and procedures.

These reforms are underpinned by extensive consultation with:

  • the public
  • all Australian Government portfolios, state and territory governments
  • an Expert Advisory Group chaired by the Honourable Patrick Keane AC KC.
     
Members of the Administrative Review Taskforce: Attorney-General, Mark Dreyfus KC MP & Secretary of the Attorney-General’s, Katherine Jones PSM, Kimberley Williams, Andrew Loomes, Avanthi Raju, David Haines, Sarah Charak, Lucy McAuliffe, Joanna Virtue, Katherine Jones PSM, Susan Dudley, Meretta Kristiansen, Alec Towers-Fewtrell, Matthew Traeger, Sara Samios, Patrick Gleadhill, Ruby Schutz, Hannah Moon, Lauren Gradwell, James Holley, Thomas Wynn Elaine Tse & Mark Dreyfus KC MP.

Attorney-General, Mark Dreyfus KC MP and Secretary of the Attorney-General’s Department, Katherine Jones PSM, with members of the Administrative Review Taskforce following introduction to Parliament of legislation to establish the Administrative Review Tribunal on 7 December 2023. Pictured from left to right: Kimberley Williams, Andrew Loomes, Avanthi Raju, David Haines, Sarah Charak, Lucy McAuliffe, Joanna Virtue, Katherine Jones PSM, Susan Dudley, Meretta Kristiansen, Alec Towers-Fewtrell, Matthew Traeger, Sara Samios, Patrick Gleadhill, Ruby Schutz, Hannah Moon, Lauren Gradwell, James Holley, Thomas Wynn Elaine Tse and Mark Dreyfus KC MP.

Image: Attorney-General’s Department

The reform process has been led by the Attorney-General’s Department. Policy design and implementation have been guided by close engagement with agencies including Home Affairs, Social Services and The Treasury. 

In addition to new legislation, the reform includes: 

  • a sustainable, demand-driven funding arrangement
  • new members to address existing backlogs
  • a new case management system
  • a transparent merits-based process for appointing members. 

The Administrative Appeals Tribunal started in 1976, representing a world-leading advance in the provision of independent merits review. The ART represents the most significant institutional reform to the federal system of administrative review in almost 50 years.

Find out more

Australian Government (n.d.) A new system of federal administrative review, Attorney General’s Department website, accessed 12 August 2024.

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