Administrative Review Tribunal Act 2024

Sections and provisions with full text and the judgments that cite each one.

Section 1 — Short title

This Act is the Administrative Review Tribunal Act 2024.

Section 2 — Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect…

Section 3 — Simplified outline of this Act

A large number of Acts and legislative instruments allow people to apply to the Administrative Review Tribunal for review of decisions made under them. The Tribunal is established to review these…

Section 4 — Definitions

In this Act: accessible, in relation to the Tribunal, means enables persons to apply to the Tribunal and to participate effectively in proceedings in the Tribunal. Note: Examples of areas where…

Section 5 — Other Acts can change how some provisions in this Act apply

General rules (1) The application of a provision of this Act is subject to a contrary intention in another Act. Note: For example, the Act under which a reviewable decision is made may contain…

Section 6 — Extension to external Territories

This Act extends to the external Territories.

Section 7 — Simplified outline of this Part

The Administrative Review Tribunal is established with the objective of providing an independent mechanism of review. The Tribunal consists of the President, Deputy Presidents, senior members and…

Section 8 — Establishment

The Administrative Review Tribunal is established by this section.

Section 9 — Objective

The Tribunal must pursue the objective of providing an independent mechanism of review that: (a) is fair and just; and (b) ensures that applications to the Tribunal are resolved as quickly, and with…

Section 10 — Members of Tribunal

(1) The Tribunal consists of the following members: (a) the President; (b) Deputy Presidents; (c) senior members; (d) general members. (2) A Judge who is to be appointed as a member must be appointed…

Section 11 — Simplified outline of this Part

A large number of Acts and legislative instruments allow people to apply to the Tribunal for review of decisions made under them. A person whose interests are affected by a reviewable decision may…

Section 12 — Reviewable decisions

(1) A decision is a reviewable decision if an Act or a legislative instrument provides for an application to be made to the Tribunal for review of the decision. Note: To find out whether a decision…

Section 13 — Instruments may provide for application to Tribunal for review

(1) A legislative instrument may provide for an application to be made to the Tribunal for review of a decision made under the instrument. (2) Subsection (1) does not limit any other Act or…

Section 14 — Decision-maker

General rule (1) The decision-maker for a decision is the person who makes the decision. Note: For when Tribunal decisions are taken to be made by the decision-maker, see subsection 108(2).…

Section 15 — Organisation or association whose interests are affected by a decision

An organisation or association of persons, whether incorporated or not, is taken to be a person whose interests are affected by a decision if: (a) the decision relates to a matter included in the…

Section 16 — Decision is taken to be made if timeframe expires

If: (a) a decision of a person not to do a thing is a reviewable decision; and (b) an Act or an instrument made under an Act provides for a quantified period within which the person is required or…

Section 17 — Who can apply

(1) A person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. Note 1: For which decisions are reviewable decisions, see section 12. Note 2:…

Section 18 — When to apply—general rule

(1) An application to the Tribunal for review of a decision must be made within the period prescribed by the rules. Note: The legislation under which a reviewable decision is made may specify a…

Section 19 — Exception—Tribunal may extend period

Application to extend period (1) A person (the applicant) may apply to the Tribunal to extend the period during which the applicant may apply to the Tribunal for review of a decision. (2) The…

Section 20 — Exception—no prescribed period applies

(1) If: (a) an application for review of a decision is made to the Tribunal; and (b) the application is not required by law to be made within any particular period; and (c) the Tribunal considers…

Section 21 — Parties and potential parties to be notified of application

(1) This section applies if an application is made to the Tribunal for review of a decision. (2) The Tribunal must give written notice of the application to: (a) the applicant; and (b) the…

Section 22 — Parties to proceeding for review

Parties to proceeding (1) Each of the following are parties to a proceeding for review by the Tribunal of a decision: (a) the applicant for the review; (b) the decision-maker; (c) any other person,…

Section 23 — Decision-maker must give Tribunal reasons and documents—general rule

Within 28 days after the Tribunal notifies the decision-maker for a decision of an application for review of the decision, the decision-maker must give the Tribunal: (a) a statement of reasons for…

Section 24 — Decision-maker must give Tribunal additional statement if Tribunal requires—general rule

(1) This section applies if a decision-maker for a decision has given the Tribunal a statement of reasons for the decision under section 23. (2) The Tribunal may order the decision-maker to give the…

Section 25 — Decision-maker must give Tribunal additional documents within 28 days—general rule

If: (a) at any time during the Tribunal’s review of a decision, a document that is relevant to the review comes into the possession or under the control of the decision-maker; and (b) the document…

Section 26 — Decision-maker must give Tribunal additional documents on request—general rule

(1) If, at any time during the Tribunal’s review of a decision, the Tribunal is satisfied that a document that may be relevant to the review is in the possession or under the control of the…

Section 27 — Decision-maker must give copies of reasons and documents to other parties—general rule

(1) If a decision-maker for a decision is required to give the Tribunal a statement or copy of a document under this Subdivision within a period, the decision-maker must give a copy of the statement…

Section 28 — Exceptions—Tribunal may adjust requirements

When this section applies (1) This section applies if the decision-maker for a decision is required to give the Tribunal or a party to a proceeding a statement or copy of a document under this…

Section 29 — Exception—while resolving whether to restrict publication or disclosure of information

(1) This section applies if the decision-maker for a decision is required to give the Tribunal or a party to a proceeding a statement or copy of a document under this Subdivision. (2) This section…

Section 30 — Privilege and public interest

This Subdivision (other than section 25) has effect despite any rule of law relating to legal professional privilege, without prejudice privilege or the public interest in relation to the production…

Section 31 — Decision cannot be altered outside Tribunal process

General rule (1) After an application is made to the Tribunal for review of a reviewable decision, the decision may not be altered otherwise than by the Tribunal. Exceptions (2) However, the decision…

Section 32 — Reviewable decision continues to operate unless Tribunal orders otherwise

General rule (1) The making of an application to the Tribunal for review of a reviewable decision does not affect the operation of the decision or prevent the taking of action to implement the…

Section 33 — Simplified outline of this Part

This Part deals with the process the Tribunal follows when an application is made. It contains the standard provisions for Tribunal proceedings. Other legislation can include provisions that apply in…

Section 34 — How to apply

Manner of applying (1) An application to the Tribunal may be made in writing or in any other manner specified for the application in the practice directions. Information to include (2) An application…

Section 35 — Applications may be made on behalf of a person

To avoid doubt, if this Act, another Act or an instrument made under this Act or another Act allows a person to make an application to the Tribunal, the application may be made on the person’s behalf…

Section 36 — President may make practice directions

President may make practice directions (1) The President may make practice directions in relation to any or all of the following: (a) the operations of the Tribunal; (b) the procedure of the…

Section 37 — President may constitute Tribunal for purposes of a proceeding

President directs how Tribunal is constituted (1) The President may direct that a member or members constitute the Tribunal for the purposes of a proceeding in the Tribunal. President directs which…

Section 38 — President must consult before including Judicial Deputy President

Before the President directs that a Judicial Deputy President constitutes, or members at least one of whom is a Judicial Deputy President constitute, the Tribunal for the purposes of a proceeding,…

Section 39 — General rules for constitution of Tribunal

General rules (1) The Tribunal must be constituted for the purposes of a proceeding by a single member, 2 members or 3 members. (2) The Tribunal may be constituted by 2 or 3 members only if the…

Section 40 — Exception—President refers application for review that raises issue of significance

When this section applies (1) This section applies instead of section 39 in relation to a proceeding in the Tribunal in relation to an application referred to the guidance and appeals panel by the…

Section 41 — Exception—President, on appeal, refers Tribunal decision that raises issue of significance

When this section applies (1) If: (a) a proceeding relates to a guidance and appeals panel application taken to be made because the President refers a decision of the Tribunal (the Tribunal decision)…

Section 42 — Exception—President, on appeal, refers Tribunal decision for material error

Section 43 — Reconstitution—before hearing starts

At any time before the start of the hearing of a proceeding in the Tribunal, the President may reconstitute the Tribunal.

Section 44 — Reconstitution—after hearing starts if member unavailable etc.

President may reconstitute Tribunal (1) At any time after the start of the hearing of a proceeding in the Tribunal, the President may reconstitute the Tribunal if: (a) the member, or one of the…

Section 45 — Reconstitution—involvement in dispute resolution process

At any time after the start of the hearing of a proceeding in the Tribunal, the President may reconstitute the Tribunal if section 89 (eligibility of person conducting dispute resolution process to…

Section 46 — Reconstitution—after hearing starts for conflict of interest or bias

At any time after the start of the hearing of a proceeding in the Tribunal, the President may reconstitute the Tribunal if the President is satisfied that the member, or one of the members, who…

Section 47 — Reconstitution—as guidance and appeals panel after hearing starts

The President must reconstitute the Tribunal for the purposes of a proceeding if, at any time after the start of the hearing of the proceeding, the application to which the proceeding relates is…

Section 48 — After Tribunal is reconstituted

If the President reconstitutes the Tribunal for the purposes of a proceeding, the Tribunal as reconstituted: (a) must continue the proceeding; and (b) may have regard to: (i) any record of the…

Section 49 — Tribunal has discretion in relation to procedure

(1) The procedure of the Tribunal in a proceeding is within the discretion of the Tribunal. (2) In exercising its discretion, the Tribunal must have regard to the circumstances of the proceeding. (3)…

Section 50 — Tribunal is to act informally etc.

(1) In a proceeding, the Tribunal must act with as little formality and technicality as a proper consideration of the matters before the Tribunal permits. (2) Subsection (1) is subject to this Act…