Administrative Review Council Inquiry on Social Security

Closes 26 Sep 2025

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Key Issue 5 – Role of the Guidance and Appeals Panel

Established by Part 5 of the ART Act, the Guidance and Appeals Panel ("GAP") provides a mechanism for escalating significant issues and addressing material errors in ART decisions. The objective of the GAP is to promote consistent decision-making, make rapid responses to emerging issues and increase confidence in ART decisions.

The ART Act specifies that parties cannot apply to the GAP for review of either first review or second review social security decisions. The ART President has the discretion to refer an application for review by the GAP if the President is satisfied:

  • the application raises an issue of significance to administrative decision‑making; and
  • it is appropriate in the interests of justice that the ART be constituted by the GAP for the purposes of the proceeding in relation to the application.

The Council is seeking feedback from the public and stakeholders about the current mechanisms for review by the GAP and the role it should play in respect of social security reviews.

This is discussed further under Key Issue 5 in the Issues Paper.

14. What is your view of the current provisions for access to the GAP in the ART?

Do they support the intended role of the GAP in ensuring that significant and emerging issues are quickly dealt with at a higher level and in promoting consistent ART decision-making?

15. If a single-tier system of review were introduced, would any changes be needed to the provisions and criteria for referrals to the GAP?