Administrative Review Tribunal Act 2024

Key features

• Free from strict legal rules: The ART doesn't have to follow formal court rules of evidence — it can consider information in whatever way it thinks is appropriate
• Accessibility focus: The ART must actively accommodate people's diverse needs (e.g. interpreter services, technology for remote participation)
• Merit-based appointments: Members must be appointed through competitive, merit-based processes that consider diversity of skills and lived experience
• National security carve-out: Special rules apply to sensitive decisions involving ASIO (Australia's spy agency), security clearances, criminal intelligence assessments, and foreign investment national security decisions — these are handled in a special Intelligence and Security jurisdictional area with restricted public access
• Decision-makers must explain themselves: Government agencies must provide written reasons for their decisions and notify people of their review rights
• Staying decisions: Just because you've applied for review doesn't mean the government decision stops operating — but the ART can pause ("stay") a decision while it reviews it
• Administrative Review Council: The Act also re-establishes this advisory body to oversee the quality of Australia's administrative law system

Why does it matter?

This is one of the most significant reforms to Australian administrative law in decades. The AAT (the old tribunal) was widely criticised for political appointments, delays, and inconsistency. The ART is designed to fix these problems with stronger independence, merit-based appointments, clearer accessibility obligations, and a more structured appeals pathway.