ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024

Commonwealth Consolidated Acts

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ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Simplified outline of this Act
4. Definitions
5. Other Acts can change how some provisions in this Act apply
6. Extension to external Territories

PART 2--ESTABLISHMENT--OF ADMINISTRATIVE REVIEW TRIBUNAL

Division 1--Preliminary

7. Simplified outline of this Part

Division 2--Establishment of Tribunal

8. Establishment
9. Objective
10. Members of Tribunal

PART 3--STARTING--A REVIEW

Division 1--Preliminary

11. Simplified outline of this Part

Division 2--Key concepts for review of decisions

12. Reviewable decisions
13. Instruments may provide for application to Tribunal for review
14. Decision - maker
15. Organisation or association whose interests are affected by a decision
16. Decision is taken to be made if timeframe expires

Division 3--Applying for review of decision

17. Who can apply
18. When to apply--general rule
19. Exception--Tribunal may extend period
20. Exception--no prescribed period applies

Division 4--After an application is made

Subdivision A--Parties to proceeding

21. Parties and potential parties to be notified of application
22. Parties to proceeding for review

Subdivision B--Provision of reasons and documents

23. Decision - maker must give Tribunal reasons and documents--general rule
24. Decision - maker must give Tribunal additional statement if Tribunal requires--general rule
25. Decision - maker must give Tribunal additional documents within 28 days--general rule
26. Decision - maker must give Tribunal additional documents on request--general rule
27. Decision - maker must give copies of reasons and documents to other parties--general rule
28. Exceptions--Tribunal may adjust requirements
29. Exception--while resolving whether to restrict publication or disclosure of information
30. Privilege and public interest

Subdivision C--Effect of application for review on decision

31. Decision cannot be altered outside Tribunal process
32. Reviewable decision continues to operate unless Tribunal orders otherwise

PART 4--PROCEEDINGS

Division 1--Preliminary

33. Simplified outline of this Part

Division 2--Applications to Tribunal

34. How to apply
35. Applications may be made on behalf of a person

Division 3--Practice directions

36. President may make practice directions

Division 4--Constitution of Tribunal for a proceeding

Subdivision A--Constituting the Tribunal

37. President may constitute Tribunal for purposes of a proceeding
38. President must consult before including Judicial Deputy President

Subdivision B--Proceedings generally

39. General rules for constitution of Tribunal

Subdivision C--Guidance and appeals panel

40. Exception--President refers application for review that raises issue of significance
41. Exception--President, on appeal, refers Tribunal decision that raises issue of significance
42. Exception--President, on appeal, refers Tribunal decision for material error

Subdivision D--Reconstitution

43. Reconstitution--before hearing starts
44. Reconstitution--after hearing starts if member unavailable etc.
45. Reconstitution--involvement in dispute resolution process
46. Reconstitution--after hearing starts for conflict of interest or bias
47. Reconstitution--as guidance and appeals panel after hearing starts
48. After Tribunal is reconstituted

Division 5--Tribunal procedure

Subdivision A--General principles

49. Tribunal has discretion in relation to procedure
50. Tribunal is to act informally etc.
51. Tribunal to be accessible
52. Tribunal is not bound by rules of evidence
53. Tribunal controls scope of review of decision
54. Tribunal can exercise powers of decision - maker
55. Right to present case
56. Parties and their representatives to assist Tribunal
57. Sittings of Tribunal
58. Resolving disagreements between Tribunal members

Subdivision B--Parties and representation

59. Attorney - General of the Commonwealth may become a party
60. Decision - makers may elect not to participate in kind of proceeding or Tribunal case event
61. Decision - maker who elects not to participate may be a non - participating party to proceeding or Tribunal case event
62. Tribunal may allow non - participating party to participate
63. Non - participating party may give submissions or be required to participate
64. Rules may deal with elections in relation to participation
65. Certain parties may seek to withdraw from being a party
66. Representation before Tribunal
67. Tribunal may appoint litigation supporter
68. Tribunal may appoint interpreter

Division 6--Tribunal powers

Subdivision A--Hearings and evidence

69. Hearings to be in public unless practice directions or Tribunal order requires otherwise
70. Tribunal may restrict publication or disclosure of information
71. Requirements for Tribunal orders about hearings, publication and disclosure
72. Tribunal must notify parties of Tribunal case event
73. How a party may appear at a Tribunal case event
74. Tribunal may summon person to give evidence or produce documents
75. Tribunal may take evidence
76. Taking evidence on oath or affirmation
77. Payment of witness fees and allowances
78. Inspection of documents produced under summons

Subdivision B--Management of proceedings

79. Tribunal may give directions in relation to procedure for proceeding
80. Tribunal may hold directions hearing
81. Tribunal may proceed without absent party
82. Tribunal may adjourn Tribunal case event
83. Tribunal may remove party from proceeding if party fails to appear or does not comply
84. If applicant dies or is bankrupt, wound up or in liquidation or administration
85. Tribunal may remit decision to decision - maker for reconsideration
86. Tribunal may vary or revoke Tribunal order

Subdivision C--Dispute resolution processes

87. Tribunal may refer to dispute resolution process
88. Evidence in dispute resolution process not admissible elsewhere
89. Eligibility of person conducting dispute resolution process to sit as a member
90. Engagement of persons to conduct dispute resolution processes

Division 7--Public interest certificates and interventions

91. Disclosure of information--public interest certificate
92. Attorney - General may intervene for public interest reasons
93. Attorney - General is party to proceeding
94. Public interest decisions made by Tribunal

Division 8--Decision

Subdivision A--Withdrawing and dismissing applications

95. Applicant may withdraw application
96. Tribunal may dismiss application if parties consent
97. Tribunal must dismiss application if decision is not reviewable decision
98. Tribunal may dismiss application if fee is not paid
99. Tribunal may dismiss application if applicant does not appear
100. Tribunal may dismiss application if applicant fails to comply with order etc.
101. Tribunal may dismiss application if frivolous, vexatious etc.
102. Reinstatement of application

Subdivision B--Decisions agreed by parties

103. If parties reach agreement--review of decisions only

Subdivision C--Decision on review of reviewable decision

104. When this Subdivision applies
105. Tribunal decision on review of reviewable decision
106. Circumstances in which Tribunal may reach decision without hearing--review of decisions only
107. When Tribunal's decision on review comes into operation
108. Effect of Tribunal decision to vary or substitute a reviewable decision

Division 9--Tribunal guidance decisions

109. Tribunal guidance decisions
110. Tribunal must have regard to Tribunal guidance decisions

Division 10--After proceeding ends

111. Notice of decision and statement of reasons--review of reviewable decision
112. Notice of decision and statement of reasons--other proceedings
113. Tribunal may publish decisions
114. Tribunal may correct error in decision or statement of reasons
115. Taxing costs

Division 11--Offences

116. Offence--failure to comply with summons
117. Offence--failure to take oath, make affirmation or answer question
118. Offence--giving false or misleading evidence
119. Offence--breach of non - publication or non - disclosure order
120. Offence--contempt of Tribunal

PART 5--GUIDANCE--AND APPEALS PANEL

Division 1--Preliminary

121. Simplified outline of this Part

Division 2--President may refer application on own initiative

122. President may refer application for review of decision to guidance and appeals panel

Division 3--Party may apply to refer Tribunal decision to guidance and appeals panel

Subdivision A--Application for referral to guidance and appeals panel

123. Application may be made to refer certain Tribunal decisions to guidance and appeals panel
124. How to apply
125. When to apply to refer Tribunal decision

Subdivision B--After application to refer decision is made

126. Parties to be notified of application
127. Tribunal decision continues to operate unless Tribunal orders otherwise
128. President decides whether to refer Tribunal decision to guidance and appeals panel
129. Notice of President's decision

Subdivision C--Review after Tribunal decision is referred to guidance and appeals panel

130. Application for review proceeds if President refers Tribunal decision to guidance and appeals panel
131. Tribunal may have regard to records and documents from earlier proceeding

PART 5A--SECOND--REVIEW FOR CERTAIN SOCIAL SERVICES DECISIONS

Division 1--Preliminary

131A. Simplified outline of this Part
131B. How this Part applies
131C. Meaning of eligible social services decision

Division 2--General rules for second review

131D. Who can apply
131E. Operation of this Act and other laws

Division 3--Modifications for second review

131F. References to the decision - maker
131G. Giving reasons and documents to Tribunal
131H. Who can apply--claimant decisions
131J. When to apply
131K. Parties to proceeding
131L. Limits on applying to become a party to proceeding--claimant decisions
131M. Decision cannot be altered outside Tribunal process
131N. No automatic election notice for decision - maker
131P. Tribunal may have regard to records and documents from earlier proceeding
131Q. Care percentage determinations reviewed under other Acts
131R. Date of effect provisions
131S. Treating events as having occurred
131T. Remitting decisions for reconsideration
131U. Legal or financial assistance
131V. Operation and implementation of decision on second review
131W. Guidance and appeals panel
131X. Time and manner for making appeals

PART 6--PROCEEDINGS--IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA

Division 1--Preliminary

132. Simplified outline of this Part
133. How this Part applies
134. Proceedings to be conducted in Intelligence and Security jurisdictional area
135. Operation in relation to decision - maker
136. Reasons for decisions
137. Meaning of relevant body

Division 2--Starting a review

Subdivision A--Applications and notice of applications

138. Limits on who can apply for certain reviews
139. Additional persons to be notified of applications for review
140. Applications for decisions to be reviewed again

Subdivision B--Information to be provided by agency head

141. Information to be provided by agency head

Subdivision C--Provision of security clearance standards

142. When this Subdivision applies
143. Director - General of Security may provide standards
144. Disclosure of standards

Division 3--Proceedings

145. Constitution of Tribunal--general rule
147. Parties to proceedings
148. Certain hearings must be held in private
149. Persons entitled to be present at hearings
150. Relevant bodies may adduce evidence and make submissions
151. Order of evidence and submissions
152. Opportunity for further evidence and submissions
153. Tribunal may invite person to give evidence
154. Certain processes not available
155. Guidance and appeals panel

Division 4--Disclosure of information

156. Duty of Tribunal in relation to security and law enforcement information
157. Restricting publication or disclosure of information
158. Security certificates--responsible Minister
159. Sensitive information certificates--Director - General of Security
160. Protecting identities of persons giving evidence
161. Public interest certificates--responsible Minister
162. Non - disclosure certificates under other Acts

Division 5--Decisions on review

Subdivision A--Limits on certain decisions

163. Security clearance decisions

Subdivision B--Recording and communicating decisions

165. When this Subdivision applies
166. Making and recording findings
167. Communicating decisions
168. Findings relating to procedures or practices of agency
169. Applicant may publish findings

PART 7--APPEALS--AND REFERENCES OF QUESTIONS OF LAW TO FEDERAL COURT

Division 1--Preliminary

170. Simplified outline of this Part
171. Part applies whether Tribunal's power is conferred by Commonwealth, State or Territory law

Division 2--Appeals on questions of law

Subdivision A--Appeals on questions of law

172. Party may appeal
173. Decisions about standing
174. Time and manner for making appeals
175. Constitution of Federal Court

Subdivision B--Jurisdiction and powers of Federal Court

176. Federal Court has jurisdiction
177. Court may make findings of fact
178. Operation and implementation of Tribunal's decision

Division 3--Transfer of appeals to Federal Circuit and Family Court of Australia (Division 2)

179. Transfer of appeals
180. No appeal from decision to transfer
181. Federal Court Rules

Division 4--Matters remitted to Tribunal

182. When this Division applies
183. Constitution of Tribunal
184. Tribunal may rely on previous proceedings

Division 5--Referring questions of law

185. Referring questions of law

Division 6--Sending and disclosing documents

186. When this Division applies
187. Sending documents
188. Returning documents
189. Disclosure contrary to public interest
190. Disclosure of security clearance documents
191. Disclosure to officers of the court

PART 8--MEMBERS--AND STAFF OF TRIBUNAL

Division 1--Preliminary

192. Simplified outline of this Part

Division 2--Members of Tribunal

Subdivision A--Members and functions

193. Functions of President
194. Functions of Deputy Presidents
195. Functions of senior and general members

Subdivision B--Jurisdictional areas and lists

196. Jurisdictional areas and lists
197. Jurisdictional area leaders
198. Assignment of members to lead lists
199. Assignment of members to jurisdictional areas

Subdivision C--Performance and conduct of members

200. President may give directions to members
201. Code of conduct
202. Performance standard
203. President may investigate conduct of members
204. Protection of persons involved in investigating conduct of members etc.

Division 3--Member appointment provisions

Subdivision A--Appointment of members

205. Appointment of President
206. Appointment of Judicial Deputy Presidents
207. Appointment of Non - Judicial Deputy Presidents
208. Appointment of senior members and general members
209. Minister must establish assessment panel
210. Appointment of a Judge not to affect tenure etc.
211. Extension of appointment
212. Acting appointments
213. Oath or affirmation of office

Subdivision B--Members' terms and conditions

214. Remuneration
215. Leave
216. Other paid work
217. Appearances before Tribunal
218. Disclosure of interests
219. Register of interests
220. Resignation
221. Termination of appointment
222. President must notify Minister about grounds for termination
223. Additional terms and conditions

Division 4--Management of Tribunal

Subdivision A--Management functions of President

224. Management of administrative affairs of Tribunal

Subdivision B--Appointment and functions of Principal Registrar

225. Principal Registrar
226. Functions of Principal Registrar
227. Appointment of Principal Registrar
228. Acting appointments
229. Remuneration
230. Leave
231. Other paid work
232. Disclosure of interests
233. Resignation
234. Termination of appointment
235. Additional terms and conditions

Subdivision C--Leadership of Tribunal

236. Tribunal Advisory Committee

Division 5--Staff and consultants

237. Appointment of registrars
238. Staff
239. APS employees and others made available
240. Consultants

Division 6--Application of finance law and reporting requirements

241. Application of finance law
242. Report by President

Division 7--Other matters concerning management

243. Registries
244. Proceedings arising out of management of Tribunal

PART 9--ADMINISTRATIVE--REVIEW COUNCIL

Division 1--Preliminary

245. Simplified outline of this Part

Division 2--Establishment

246. Administrative Review Council
247. Membership of Council
248. Application of finance law

Division 3--Council functions etc.

249. Functions and powers of Council
250. Reports by Council
251. Meetings of Council

Division 4--Appointment

252. Appointment of certain Council members
253. Appointment of Chair of Council
254. Qualification for appointment
255. Period of appointment
256. Acting appointments
257. Remuneration
258. Leave
259. Disclosure of interests
260. Resignation
261. Termination of appointment
262. Additional terms and conditions

Division 5--Staff to assist Council

263. Arrangements relating to staff of the Department

Division 6--Annual report

264. Annual report

PART 10--NOTICE--AND INFORMATION ABOUT ADMINISTRATIVE DECISION

Division 1--Preliminary

265. Simplified outline of this Part

Division 2--Decision-makers to give notice of decisions

266. Decision - maker to give notice of decision and review rights
267. Decision - maker must have regard to rules when giving notice of decision

Division 3--Decision-makers to give reasons for decisions

268. Requesting reasons for reviewable decision from decision - maker
269. Decision - maker to give statement of reasons
270. Applying to Tribunal to obtain reasons for reviewable decision
271. Applying to Tribunal to obtain adequate statement of reasons
272. Public interest certificate in relation to statement of reasons

PART 11--MISCELLANEOUS

Division 1--Preliminary

273. Simplified outline of this Part

Division 2--Confidentiality

274. Protected information and documents
275. Evidence about Tribunal proceedings
276. Application of confidentiality provisions in other Acts and instruments

Division 3--Delegation

278. Delegation by Minister
279. Delegation by President
280. Delegation by Principal Registrar

Division 4--Performing and exercising functions and powers of Tribunal

Subdivision A--Performance and exercise of functions and powers

281. Who may perform or exercise functions or powers
282. How functions or powers must be performed or exercised

Subdivision B--Authorisations to perform and exercise functions and powers of Tribunal

283. Authorisations for Principal Registrar
284. Authorisations for members
285. Authorisations for registrars
286. Authorisations for staff members
287. Authorisations are subject to conditions

Division 5--Other matters

288. Tribunal may give advisory opinion
289. Certain things required to be done in writing may be done electronically
290. Giving documents
291. Giving documents etc. to decision - maker
292. Calculation of short periods of time
293. Protection and immunity
294. Legal or financial assistance
294A. Review of operation of this Act
294B. Minister and Commonwealth entities to inform Council of action on systemic issues

Division 6--Rules and regulations

295. Rules
296. Tribunal may charge fees
297. Regulations

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