The new Administrative Review Tribunal (ART) will commence operations on 14 October 2024, succeeding the Administrative Appeals Tribunal (AAT). The ART is designed to be user-centric, efficient, accessible, independent, and fair. The AAT will cease operations upon the ART’s launch.
The ART has been formally established by the Administrative Review Tribunal Act 2024 (ART Act), which has received Royal Assent.
Key Features of the Reform:
– Appointments: A transparent and merit-based process will be implemented.
– Capacity: Additional members will be appointed to manage existing backlogs.
– Funding: Sustainable funding arrangements will be introduced.
– Case Management: A unified, modernized case management system will be established to address critical business risks.
– Procedures: Procedural efficiencies and process improvements will be introduced.
– Support Services: Enhanced support services will focus on early resolution wherever possible.
Legislation Passage:
Three Acts have been passed to establish the ART:
1. Administrative Review Tribunal Act 2024 (ART Act): Creates the new Tribunal and re-establishes the Administrative Review Council.
2. Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Consequential Act 1): Abolishes the AAT, amends 138 Commonwealth Acts (covering about 93% of the AAT’s current caseload), and facilitates the transition of AAT staff, operations, and cases to the ART.
3. Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 (Consequential Act 2): Amends 110 Commonwealth Acts (including state and territory consultations) to ensure continuity for the ART and its users.
The ART Bill was passed by Parliament on 28 May 2024 and became law on 3 June 2024. The Consequential and Transitional Provisions Bills No. 1 and No. 2 were passed on 16 May 2024 and became law on 31 May 2024.
