The Australian government has recently established the Australian Review Tribunal (ART) to replace the Administrative Appeals Tribunal (AAT) under the Administrative Review Tribunal Act 2024 (ART Act). This move aims to enhance transparency, accountability, and efficiency in administrative decision-making.

The ART will commence on 14 October 2024.

Key Features of the ART

1.     Merit-Based Appointments

• The ART introduces a transparent, merit-based appointment process for tribunal members. This ensures that candidates are selected based on skills and experience, reducing the influence of political considerations.

2.     Guidance and Appeals Panel

• A new Guidance and Appeals Panel has been established to address systemic issues and promote consistency in decisions. This panel will review significant cases and correct errors, ensuring fairness and justice.

3.     Publication of Decisions

• The ART will implement a two-tiered approach to publishing decisions. While major cases must be published, the approach aims to increase transparency across all decisions.

4.     Re-establishment of the Administrative Review Council (ARC)

• The ARC will be reformed to continue its oversight role, providing guidance and accountability in administrative law.

Goals and Impact

The ART aims to create a more reliable and fair tribunal system by focusing on:

• Independence: Ensuring appointments are free from political bias.

• Transparency: Making decision-making processes clearer to the public.

• Efficiency: Streamlining operations to handle cases effectively and having matters resolved in a timely and informal manner.

• Accessibility: Ensuring proceedings are accessible to all persons and organisations irrespective of their socio-economical status and impediments. The Tribunal aims to be inexpensive and provide technological assistance and support.

• Public Trust and Confidence: The President and the Governor -General possess the power to investigate and terminate member appointments based on misconduct to ensure unbiased decision -making.

Structure of the ART

Under the ART Act, the Tribunal will have a simplified membership structure, with 4 levels of membership:

• President

• Deputy President (Judicial and Non-Judicial)

• Senior member

• General member.

Jurisdiction

The 8 jurisdictions below will be supervised by the President and Deputy President with the member presiding over particular applications of review within their jurisdictional expertise.

• General

• Intelligence and Security

• Migration

• National Disability Insurance Scheme

• Protection

• Social Security

• Taxation and Business

• Veterans' and Workers' Compensation.

Frequently asked questions

1.     What will happen to cases already before the AAT?

If your case is currently before the AAT or if you lodge a new application before the ART commences on 14 October 2024, that case will still be managed by the AAT. However, the AAT aims to finalise any current cases before the ART commences. If the case is not finalised before 14 October 2024, then the ART will take over the case automatically.

2.     Are the decisions made by the AAT still valid?

Yes, any decisions made by the AAT until 14 October 2024 will remain valid and final, unless you appeal the decision to the Federal Circuit Court.

3.     If I ‘am unhappy with the AAT’s decision after review, can I still apply to the ART to have my case reviewed again?

No, all final decisions made by the AAT cannot be reviewed by the ART. However, you may appeal to the Federal Circuit Court.

Conclusion

The Australian Review Tribunal represents a positive step towards a more equitable and transparent administrative review system, aiming to rebuild public trust and improve decision-making processes by being accessible and appointing members that are qualified.

Need Assistance?

At One Planet Migration Law, we understand that these changes may cause concern or confusion. Our expert team is here to guide you through the process and ensure you understand your options.

Contact us now to schedule a consultation and get the professional guidance you need.

Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.