The operational procedures involved with the Administrative Review Tribunal’s (ART) replacement of the Administrative Appeals Tribunal (AAT) on 14 October, have been released.
To this end users with ongoing cases will experience no disruptions, as their matters will proceed with the same staff and conditions under the ART. For new applications after 14 October, individuals will need to submit their requests directly to the ART.
Applicants must still meet deadlines outlined in their notices of decision, but the tribunal will offer some flexibility with extensions if needed.
Decisions already made by the AAT will generally not be revisited by the new tribunal, although federal court appeals will still remain an option for eligible cases.
In certain situations, such as social security and child support division decisions, applicants may request a second review if the decision was made within the last 28 days, or seek an extension of time.
According to the Attorney-General’s Department, the reform was prompted by “concerns about the AAT’s efficiency, transparency, and user-friendliness”.
Public consultation was opened in April and May 2023, yielding over 120 submissions highlighting areas for improvement.
Guidance was also received from the administrative review expert advisory group, chaired by former High Court justice Patrick Keane, alongside input from government departments and over 500 AAT staff and members.
Major changes include the introduction of a merit-based system for appointing ART members aimed at boosting the tribunal’s independence and decision-making quality. Additional appointments will also be made to reduce the current backlog of cases.
Further the ART will adopt a new case management system that prioritises early resolution, with the goal of speeding up outcomes and minimising delays.
The reforms include the re-establishment of the Administrative Review Council as well to oversee review processes and a new guidance and appeals panel will be introduced to handle cases with broader impacts or potential errors in tribunal decisions.