Out with the old, in with the new: the introduction of the Administrative Review Tribunal

On 7 December 2023, the Federal Government introduced two bills to abolish the Administrative Appeals Tribunal (AAT) and establish its replacement, the Australian Review Tribunal (ART). The introduction of the ART is intended to resolve existing issues with the Australian administrative review system and bring in a more efficient, informal and inexpensive tribunal, ensuring consistent and preferable decisions.

The Administrative Review Tribunal Bill 2023 (Cth) establishes the new tribunal and will also re-establish the Administrative Review Council (ARC) (which was previously discontinued in 2015). The revised ARC will play a pivotal role in monitoring the administrative review system, ensuring integrity and overseeing education and training initiatives related to the administrative review system.

An overview of the draft legislation is available here.

There are many similarities between the AAT and the ART. The ART will have enhanced powers and procedures to allow for flexibility in progressing matters, and in particular will be more equipped to managing changing caseloads. In addition, the ART will appoint additional members to address existing backlogs promising a more streamlined and expeditious resolution of tribunal cases.

As of now, there is not a timeline for when the legislation is expected to be passed and the ART introduced. The AAT will continue to operate as normal until the introduction of the ART.

This article provides general comments only. It does not purport to be legal advice. Before acting on the basis of any material contained in this article, we recommend that you seek professional advice.

Co-Author

Name: Narisse Fechner

Position: Lawyer

Practice: Transactions