{"id":"F2024L01292","name":"Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024","slug":"administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105406,"registerId":"commonwealth-F2024L01292-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in Schedule 16 to the Act, including the following:\n\n    (a) AAT;\n    (b) ART;\n    (c) IAA;\n    (d) new Act;\n    (e) old law;\n    (f) transition time.\n\n> In this instrument:\n\n> AAT Enterprise Agreement means the Administrative Appeals Tribunal Enterprise Agreement 2024-2027 approved under the Fair Work Act 2009 on 19 January 2024, and in force immediately before the transition time.\n\n> Act means the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.\n\n> Jurisdictional area leader has the same meaning as in the new Act.\n\n> Principal Registrar has the same meaning as in the new Act.\n\n> Tribunal Advisory Committee has the same meaning as in the new Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General transitional provisions","content":"## Part 2—General transitional provisions\n\n#### 5 AAT Enterprise Agreement\n\n  (1) From the transition time, the AAT Enterprise Agreement:\n    (a) continues to cover and apply to APS employees who:\n    (i) it covered and applied to immediately before the transition time; and\n    (ii) at the transition time, are APS employees in the ART; and\n    (b) covers and applies to APS employees in the ART at the classification levels covered by the AAT Enterprise Agreement whose employment in the ART commences at or after the transition time; and\n    (c) covers and applies to the Principal Registrar as the Agency Head (within the meaning of the Public Service Act 1999) of the APS employees in the ART; and\n    (d) has effect in relation to the ART as if:\n    (i) a reference to the AAT were a reference to the ART; and\n    (ii) a reference to the Registrar of the AAT were a reference to the Principal Registrar.\n  (2) Subsection (1) does not:\n    (a) prevent the variation or termination of the AAT Enterprise Agreement in accordance with law; or\n    (b) prevent the terms and conditions of employment of APS employees in the ART from being varied after the transition time:\n    (i) in accordance with those terms and conditions; or\n    (ii) by or under a law; or\n    (c) affect the operation of section 58 of the Fair Work Act 2009.\n\n> Note: Section 58 of the Fair Work Act 2009 deals with the interaction between one or more enterprise agreements\n\n#### 6 Practice directions made shortly after the transition time\n\n  (1) This section applies to a practice direction made under subsection 36(1) of the new Act within 28 days after the transition time.\n  (2) Subsection 36(3) of the new Act does not apply to the making of the practice direction.\n  (3) The President of ART must consult the Tribunal Advisory Committee within 3 months after making the practice direction.\n\n#### 7 Lists established shortly after the transition time\n\n  (1) This section applies to a list established under paragraph 196(2)(a) of the new Act within 28 days after the transition time.\n  (2) Subsection 196(3) of the new Act does not apply to the establishment of the list.\n  (3) The President of the ART must consult the Tribunal Advisory Committee within 3 months after establishing the list.\n\n#### 8 Assignment of jurisdictional area leaders shortly after the transition time\n\n  (1) This section applies to any assignment of a jurisdictional area leader made in the exercise of the power under subsection 197(1) of the new Act within 28 days after the transition time.\n  (2) For the purposes of subsection 197(1) of the new Act, the Minister is taken to have consulted the President of the ART if the Minister consulted the President of the AAT in relation to the assignment before the transition time.\n\n#### 9 Time for making applications to ART\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) Item 20 of that Schedule has effect as if that item were modified by substituting subitem (6) with the following subitem:\n  (6) To avoid doubt:\n    (a) subitem (5) has effect subject to subitem (3); and\n    (b) subitems (3) to (5) do not affect the operation of paragraph (2)(a).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"AAT Enterprise Agreement","content":"#### 5 AAT Enterprise Agreement\n\n  (1) From the transition time, the AAT Enterprise Agreement:\n    (a) continues to cover and apply to APS employees who:\n    (i) it covered and applied to immediately before the transition time; and\n    (ii) at the transition time, are APS employees in the ART; and\n    (b) covers and applies to APS employees in the ART at the classification levels covered by the AAT Enterprise Agreement whose employment in the ART commences at or after the transition time; and\n    (c) covers and applies to the Principal Registrar as the Agency Head (within the meaning of the Public Service Act 1999) of the APS employees in the ART; and\n    (d) has effect in relation to the ART as if:\n    (i) a reference to the AAT were a reference to the ART; and\n    (ii) a reference to the Registrar of the AAT were a reference to the Principal Registrar.\n  (2) Subsection (1) does not:\n    (a) prevent the variation or termination of the AAT Enterprise Agreement in accordance with law; or\n    (b) prevent the terms and conditions of employment of APS employees in the ART from being varied after the transition time:\n    (i) in accordance with those terms and conditions; or\n    (ii) by or under a law; or\n    (c) affect the operation of section 58 of the Fair Work Act 2009.\n\n> Note: Section 58 of the Fair Work Act 2009 deals with the interaction between one or more enterprise agreements","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Practice directions made shortly after the transition time","content":"#### 6 Practice directions made shortly after the transition time\n\n  (1) This section applies to a practice direction made under subsection 36(1) of the new Act within 28 days after the transition time.\n  (2) Subsection 36(3) of the new Act does not apply to the making of the practice direction.\n  (3) The President of ART must consult the Tribunal Advisory Committee within 3 months after making the practice direction.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Lists established shortly after the transition time","content":"#### 7 Lists established shortly after the transition time\n\n  (1) This section applies to a list established under paragraph 196(2)(a) of the new Act within 28 days after the transition time.\n  (2) Subsection 196(3) of the new Act does not apply to the establishment of the list.\n  (3) The President of the ART must consult the Tribunal Advisory Committee within 3 months after establishing the list.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Assignment of jurisdictional area leaders shortly after the transition time","content":"#### 8 Assignment of jurisdictional area leaders shortly after the transition time\n\n  (1) This section applies to any assignment of a jurisdictional area leader made in the exercise of the power under subsection 197(1) of the new Act within 28 days after the transition time.\n  (2) For the purposes of subsection 197(1) of the new Act, the Minister is taken to have consulted the President of the ART if the Minister consulted the President of the AAT in relation to the assignment before the transition time.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Time for making applications to ART","content":"#### 9 Time for making applications to ART\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) Item 20 of that Schedule has effect as if that item were modified by substituting subitem (6) with the following subitem:\n  (6) To avoid doubt:\n    (a) subitem (5) has effect subject to subitem (3); and\n    (b) subitems (3) to (5) do not affect the operation of paragraph (2)(a).","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Immigration Assessment Authority","content":"## Part 3—Immigration Assessment Authority\n\n#### 10 Appeals and applications to courts relating to IAA decisions\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies if, immediately before the transition time, a person is entitled to appeal or make an application to a court in relation to a decision of the IAA.\n  (3) The person may appeal or make the application to the court after the transition time as if the old law continued to apply in relation to the making of the appeal or application.\n  (4) For the purposes of the appeal or application, anything the court could have done in relation to the IAA before the transition time may be done in relation to the ART.\n  (5) To avoid doubt and for the purposes of the appeal or making the application, a decision of the IAA made before the transition time continues after the transition time to be a decision of the IAA, despite the repeal of Part 7AA of the Migration Act 1958 by Schedule 2 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.\n\n#### 11 Court proceedings relating to IAA decisions\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies to a proceeding in a court that:\n    (a) relates to a decision made by the IAA; and\n    (b) either:\n    (i) commenced, but is not finalised, before the transition time; or\n    (ii) relates to an appeal or application made to the court after the transition time in accordance with section 10 of this instrument.\n  (3) Anything the court could have done in relation to the IAA before the transition time, including remitting the decision for reconsideration, may be done in relation to the ART.\n\n> Note: For remittals of an IAA decision to the ART, see section 12.\n\n#### 12 Remittals of IAA decisions to the ART\n\n  (1) This section:\n    (a) is made for the purposes of subitem 51(2) of Schedule 16 to the Act; and\n    (b) applies if a court remits a decision of the IAA to the ART after the transition time in accordance with section 11 of this instrument.\n  (2) No fee is payable for the review by the ART of the decision.\n  (3) The proceeding for the review by the ART is taken to be a proceeding for review of a reviewable protection decision (within the meaning of the Migration Act 1958 as in force at the time of the remittal) under Part 5 of that Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Appeals and applications to courts relating to IAA decisions","content":"#### 10 Appeals and applications to courts relating to IAA decisions\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies if, immediately before the transition time, a person is entitled to appeal or make an application to a court in relation to a decision of the IAA.\n  (3) The person may appeal or make the application to the court after the transition time as if the old law continued to apply in relation to the making of the appeal or application.\n  (4) For the purposes of the appeal or application, anything the court could have done in relation to the IAA before the transition time may be done in relation to the ART.\n  (5) To avoid doubt and for the purposes of the appeal or making the application, a decision of the IAA made before the transition time continues after the transition time to be a decision of the IAA, despite the repeal of Part 7AA of the Migration Act 1958 by Schedule 2 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Court proceedings relating to IAA decisions","content":"#### 11 Court proceedings relating to IAA decisions\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies to a proceeding in a court that:\n    (a) relates to a decision made by the IAA; and\n    (b) either:\n    (i) commenced, but is not finalised, before the transition time; or\n    (ii) relates to an appeal or application made to the court after the transition time in accordance with section 10 of this instrument.\n  (3) Anything the court could have done in relation to the IAA before the transition time, including remitting the decision for reconsideration, may be done in relation to the ART.\n\n> Note: For remittals of an IAA decision to the ART, see section 12.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Remittals of IAA decisions to the ART","content":"#### 12 Remittals of IAA decisions to the ART\n\n  (1) This section:\n    (a) is made for the purposes of subitem 51(2) of Schedule 16 to the Act; and\n    (b) applies if a court remits a decision of the IAA to the ART after the transition time in accordance with section 11 of this instrument.\n  (2) No fee is payable for the review by the ART of the decision.\n  (3) The proceeding for the review by the ART is taken to be a proceeding for review of a reviewable protection decision (within the meaning of the Migration Act 1958 as in force at the time of the remittal) under Part 5 of that Act.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters","content":"## Part 4—Other matters\n\n#### 13 Calculating pensions for certain former presidential members of the AAT\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies in relation to a person if:\n    (a) the person was, before 16 May 2005, appointed under the Administrative Appeals Tribunal Act 1975 as a presidential member of the AAT; and\n    (b) at the time of that appointment, the person was not a Judge within the meaning of the Judges’ Pensions Act 1968 (the Pensions Act); and\n    (c) subsection 16(1) (the judicial deeming provision) of the Administrative Appeals Tribunal Act 1975, as in force immediately before the start of 16 May 2005, continued to apply in relation to the person on and after that day under item 34 of Schedule 1 to the Administrative Appeals Tribunal Amendment Act 2005.\n  (3) For the purpose of applying the judicial deeming provision in relation to the person on and after the repeal of the Administrative Appeals Tribunal Act 1975 on 14 October 2024, treat the appropriate current judicial salary in relation to the person for the purposes of the Pensions Act as being the salary for the time being payable to a Non‑Judicial Deputy President of the ART.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Calculating pensions for certain former presidential members of the AAT","content":"#### 13 Calculating pensions for certain former presidential members of the AAT\n\n  (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.\n  (2) This section applies in relation to a person if:\n    (a) the person was, before 16 May 2005, appointed under the Administrative Appeals Tribunal Act 1975 as a presidential member of the AAT; and\n    (b) at the time of that appointment, the person was not a Judge within the meaning of the Judges’ Pensions Act 1968 (the Pensions Act); and\n    (c) subsection 16(1) (the judicial deeming provision) of the Administrative Appeals Tribunal Act 1975, as in force immediately before the start of 16 May 2005, continued to apply in relation to the person on and after that day under item 34 of Schedule 1 to the Administrative Appeals Tribunal Amendment Act 2005.\n  (3) For the purpose of applying the judicial deeming provision in relation to the person on and after the repeal of the Administrative Appeals Tribunal Act 1975 on 14 October 2024, treat the appropriate current judicial salary in relation to the person for the purposes of the Pensions Act as being the salary for the time being payable to a Non‑Judicial Deputy President of the ART.","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of managing the transition from the AAT to the ART. It addresses specific mechanical issues: employment continuity, procedural shortcuts for the new tribunal's establishment, immigration appeal continuity, and pension preservation. There is no evidence of scope creep; each provision directly supports the transitional function described in the instrument's title."},"complexity_factors":["Heavy reliance on external definitions from Schedule 16 of the parent Act (AAT, ART, IAA, new Act, old law, transition time)","Multiple cross-references to other legislation including the Fair Work Act 2009, Migration Act 1958, Public Service Act 1999, and Judges' Pensions Act 1968","Nested conditional logic in section 13 requiring satisfaction of three cumulative criteria for pension calculations","Temporal complexity with multiple reference dates (16 May 2005, 14 October 2024, 'transition time', '28 days after', '3 months after')","Deeming provisions and 'as if' modifications (sections 5, 9, 10) that create legal fictions","Duplicative structure with sections appearing twice (once in Parts, once as standalone provisions), suggesting compilation or formatting artifacts"],"plain_english_summary":"This legislation provides bridge rules for the AAT→ART transition (from 14 Oct 2024): it preserves the AAT enterprise agreement for staff, lets the ART President promptly issue practice directions and set up specialist lists, maintains rights to challenge IAA immigration decisions (with remitted cases reheard free as protection visa reviews), and preserves pension calculations for certain pre‑2005 senior AAT members. It affects tribunal staff/unions, immigration appellants and their lawyers, and specified pensioners, ensuring continuity and avoiding legal gaps."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument does not expand ART substantive jurisdiction. It preserves existing rights and arrangements during the transition: continued application of the AAT Enterprise Agreement to ART employees (section 5); short-term waivers of normal consultation for practice directions, lists and assignments with mandatory later consultation (sections 6–8); preservation of pre-transition court appeal and proceeding rights for IAA decisions and remittals to ART with no ART review fee (sections 10–12); and a transitional rule for pension salary treatment for certain former presidential members (section 13)."},"complexity_factors":["Extensive cross-references to multiple statutes and schedules (new Act, old law, Migration Act 1958, Fair Work Act 2009, Judges’ Pensions Act 1968)","Multiple time-limited exceptions and deadlines (transition time, 28‑day windows, 3‑month consultation requirement)","Interaction between enterprise agreement continuity and Fair Work Act section 58 (potentially affecting how agreements operate together)","Preservation of pre-transition court rights and remittal procedures for IAA decisions, including classification of remitted proceedings under the Migration Act","Specific pension calculation rule tied to historical appointments and repeal dates (requires tracing past statutory versions and salary equivalence)"],"plain_english_summary":"This instrument lays down short-term transitional rules as responsibilities move to the Administrative Review Tribunal (ART). It keeps the existing AAT Enterprise Agreement applying to ART staff, permits certain practice directions, lists and jurisdictional assignments to be made quickly with required delayed consultation, preserves existing court appeal and proceeding rights from the Immigration Assessment Authority (including remittals to the ART with no review fee), and fixes pension-salary treatment for certain former AAT presidential members. These changes mainly preserve pre-transition rights and processes while allowing limited procedural flexibility around the transition."}},"importantCases":[],"_links":{"self":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024","history":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024/history","analysis":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024/analysis","conflicts":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024/conflicts","importantCases":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024/important-cases","documents":"/api/acts/administrative-review-tribunal-consequential-and-transitional-provisions-no-1-rules-2024/documents"}}