THE FEDERAL government intends to launch an Administrative Review Tribunal (ART) on 14 October 2024, as a replacement of the existing Administrative Appeals Tribunal (AAT).
The AAT is the department responsible for external review of administrative decisions made by the Australian government. Establishing the ART fulfils plans made in December 2022 to set up a new administrative body in its place.
Attorney-General Mark Dreyfus considered the AAT an “irreversibly damaged” federal body compromised by biased political appointments. Legislation to abolish the AAT and replace it with the ART passed the Parliament in May 2024.
The ART aims to provide an administrative review that is fair and just, resolves applications in a timely manner, is accessible and responsive to diverse needs, improves the transparency of decision-making and promotes public confidence in the tribunal.
“An effective administrative review system is essential for the tens of thousands of people who seek independent review of government decisions each year – decisions that have major and sometimes life-altering impacts on their lives,” a statement from the Attorney-General said.
Importers, exporters, service providers, licensed customs brokers and operators of licensed premises are among those people.
“All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement,” the statement said.
“People who have applied to the AAT for review of a decision do not need to submit a new application, and all AAT decisions that have already been finalised will not be considered again by the ART.”
Rigby Cooke Lawyers partner Andrew Hudson and associate Alexander Uskhopov wrote in a trade alert that the transition to the ART signifies a pivotal moment in Australia’s administrative review framework, with the new review body and legislation requiring examination and familiarisation for users of the system.
“It remains to be seen to what extent the new ART will change the established processes and outcomes of applications for administrative review in Australia,” they wrote.
All ongoing and non-ongoing AAT staff will transition to the ART on its commencement on equivalent terms and conditions.
The Australian government has also appointed six new non-judicial Deputy Presidents to the AAT, in addition to the two previously announced on 21 June 2024.
The appointees will initially commence their terms at the AAT to ensure it maintains capacity to hear matters in the period prior to commencement of the ART. They will transition to the ART when it commences on 14 October 2024.
The government plans to announce further appointments to the AAT and the ART in due course.
