Administrative Review Tribunal Rules 2024 – Public Consultation

Overview

The Administrative Review Tribunal (Tribunal), a new, fit-for-purpose federal administrative review body replacing the Administrative Appeals Tribunal (AAT) will commence on 14 October 2024. It will be user-focused, efficient, accessible, independent and fair.

The Administrative Review Taskforce is developing the Administrative Review Tribunal Rules 2024 (Rules) to be made under the Administrative Review Tribunal Act 2024. This consultation seeks views on the drafting of important aspects of those Rules. This includes certain matters which are currently dealt with in the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal Regulation 2015 and Administrative Appeals Tribunal (Code of Practice) Determination 2017. In particular:

• timeframes for applying for review
• application fees (except fees relating to the guidance and appeals panel which are new)
• witness fees
• notices of decision issued by decision-makers.

The consultation also seeks views on the drafting of new Rules:

• specifying additional Tribunal powers and functions which the President may authorise members, registrars or staff members to exercise or perform, which reflect changes to the way that powers and functions of the Tribunal are dealt with under the ART Act
• prescribing matters in relation to the giving of election and participation notices, and application fees to the guidance and appeals panel, reflecting that these are new features of the legislation.

Why we are consulting

We are consulting with members of the public and legal professionals on the proposed drafting of key aspects of the Rules.

We will use your responses to consider to what extent and in what ways any changes are required to the current drafting of the Rules, to ensure they are effective in achieving the Tribunal’s objectives.

Who we want to hear from

This consultation seeks views from any stakeholders interested in the operation of the Tribunal. This may include:

• legal assistance providers, legal professional bodies and expert administrative law practitioners
• advocates and peak bodies for relevant subject matters (for example social services, tax, migration, NDIS)
• academics
• AAT staff and members.

Consultation documents

• Consultation paper [PDF 272 KB]
• Consultation paper [DOCX 100 KB]
• Administrative Review Tribunal Rules 2024 [PDF 338 KB]
• Administrative Review Tribunal Rules 2024 [DOCX 166 KB]