Day 1 of the Administrative Review Tribunal

It is day one of the new Administrative Review Tribunal (ART).

AAT matters not finalised before today will now proceed in the ART “in a manner that the ART considers is efficient and fair”.[1] Anything done by the AAT before the transition and today’s commencement of the Administrative Review Tribunal Act 2024 (Cth) (ART Act) is taken to have been done by the ART.[2]

Here at KWM, we have been counting down the weeks to the ART by discussing the new features, and what the changes mean for those looking to seek review of or defend decisions in Commonwealth Tribunal proceedings.

Over the past five weeks, we have considered:

If you missed our previous insights, please find links to them below.[3] However, it remains to be seen how the ART will operate in practice and it can be expected there will be a transition period as parties, practitioners and the Tribunal itself adjusts to the new structure and procedures.

KWM’s specialist public and administrative law team will be keeping a close eye on the operation of the ART. We are particularly interested in:

1. What matters are referred to the Guidance and Appeals Panel (ART Act, Part 5)
2. How the first Tribunal Guidance Decisions are considered in subsequent ART proceedings (ART Act, Part 4, Division 9)
3. Who are appointed as the ‘other members’ of the Administrative Review Council, what matters the Council monitors and what inquiries it undertakes (ART Act, Part 9)
4. What sub-area lists are established in the respective jurisdictional areas (ART Act, s 196(2))
5. In what circumstances the Tribunal requires a non-participating party to participate in a proceeding (ART Act, s 63)
6. Any deviations from the draft practice directions once finalised and made by the ART President.

In the meantime, we have collated below a selection of links to assist with navigating the new practices and procedures:

If you have any questions or would like training or advice on the ART, please get in touch.