In a significant development for Australia’s administrative review landscape, the Australian Government has unveiled plans to launch the Administrative Review Tribunal (ART) on 14 October, 2024.
This newly established federal body will replace the existing Administrative Appeals Tribunal (AAT), thereby implementing the Labor Government’s election promise to address what were seen as biased political appointments within the AAT.
Transition and legislative framework
The transition to the ART signifies a pivotal moment in Australia’s administrative review framework, with a new review body and legislation requiring examination and familiarisation for users of the system.
All matters currently before the AAT will automatically shift to the ART upon its commencement, under the provisions set forth in the Administrative Review Tribunal Act 2024 (ART Act). This legislation, having received Royal Assent, establishes the framework within which the ART will operate, and aims to emphasise transparency, accountability and accessibility in the administrative review process.
Judicial appointments and operational readiness
To facilitate a smooth transition and maintain operational continuity until the ART becomes fully operational, the Australian Government has announced key appointments to the AAT.
This includes the reappointment of 72 members, comprising two non-judicial, 14 Senior Members, and 56 Members, whose terms were set to expire on June 30, 2024. Additionally, six new Deputy Presidents have been appointed, confirming the AAT’s capacity to judge matters until the ART assumes its responsibilities.
Role of the Administrative Review Council
In parallel with these reforms, the establishment of the Administrative Review Council (ARC) will serve an important role in upholding the integrity and effectiveness of Australia’s administrative review system. Comprising a chairperson and up to 10 members, the ARC will oversee, advise and promote the fair and efficient operation of the ART.
Applications for ARC memberships are currently open, with the government seeking individuals who bring diverse expertise and a commitment to public service.
Looking ahead
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.
We will seek to provide further updates on our experiences with the new ART in the months following the transition on 14 October 2024.
For stakeholders and the public, comprehensive information on the ART and associated reforms is readily available on the Attorney-General’s Department website.
Contact us
If you would like to discuss Australia’s administrative review reforms and the new ART, please contact a member of our Customs & Trade team.
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