Overview of the AAT
The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions under Commonwealth laws, including those made by Australian Government ministers, departments, agencies, and in some cases, state and non-government bodies. We can only review decisions if specified by law, covering more than 400 Commonwealth Acts and legislative instruments. Common areas include child support, workers’ compensation, social security, migration, taxation, and veterans’ entitlements. The AAT reviews decisions afresh, ensuring they are legally correct or, where applicable, the preferable option. Some cases require prior internal or specialist review before reaching the AAT.
What is the change?
The new Administrative Review Tribunal (ART) will commence on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT). The Administrative Review Tribunal Act 2024 (ART Act), which establishes the ART, has now received Royal Assent. the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023 (Consequential and Transitional Bill) makes amendments to a variety of Commonwealth Acts and enables the transition of AAT staff, operations and matters to the ART.
The ART is the result of a significant reform to Australia’s system of administrative review that will:
- implement a transparent and merit-based appointments process
- appoint additional members to address existing backlogs
- implement sustainable funding arrangements
- implement a single, updated case management system to address critical business risks
- introduce procedural efficiencies and process improvements
- implement support services and emphasise early resolution where possible.
All cases that are before the AAT will automatically transfer to the new Tribunal. If you are an applicant or another party to a case, you do not need to do anything.
The ART’s newly granted powers and flexible procedures are expected to streamline case management, promoting efficiency and ensuring consistent, equitable results.
Key developments, such as the creation of the Panel, the expanded role of the President, and the obligation to publish a code of conduct and performance benchmarks, are central to achieving these aims.
With a strong emphasis on transparency, ART decisions will likely face increased scrutiny.
We’re eager to engage with these reforms and welcome the establishment of the ART in the near future.
If you need help understanding what this means for you, please contact Warlows Legal using the contact information below.
