Administrative Review Tribunal Act 2024
Sections and provisions with full text and the judgments that cite each one.
Section 51 — Tribunal to be accessible
(1) As far as practicable, the Tribunal must conduct each proceeding in the Tribunal in a way that is accessible for the parties to the proceeding, taking into account the needs of the parties. (2)…
Section 52 — Tribunal is not bound by rules of evidence
The Tribunal is not bound by the rules of evidence, but may inform itself on any matter in such manner as it considers appropriate.
Section 53 — Tribunal controls scope of review of decision
In a proceeding for review of a decision, the Tribunal may determine the scope of the review by limiting the questions of fact, the evidence and the issues that it considers.
Section 54 — Tribunal can exercise powers of decision-maker
For the purposes of reviewing a reviewable decision, the Tribunal may exercise all the powers and discretions that are conferred on the decision-maker by an Act or an instrument made under an Act.
Section 55 — Right to present case
General rule (1) The Tribunal must ensure that each party to a proceeding in the Tribunal is given a reasonable opportunity to: (a) present the party’s case; and (b) access any information or…
Section 56 — Parties and their representatives to assist Tribunal
Decision-makers and their representatives (1) In a proceeding for review of a decision, the decision-maker and any person representing the decision-maker must use their best endeavours to assist the…
Section 57 — Sittings of Tribunal
Sittings of the Tribunal are to be held from time to time as required, in such places in Australia or an external Territory as are convenient or in the interests of justice.
Section 58 — Resolving disagreements between Tribunal members
2 members (1) If 2 members constitute the Tribunal for the purposes of a proceeding and they do not agree about any matter, the view of the presiding member prevails. 3 members (2) If 3 members…
Section 59 — Attorney-General of the Commonwealth may become a party
Becoming a party (1) If the Attorney-General of the Commonwealth gives written notice to the Tribunal that the Attorney-General wishes to be a party to a proceeding in the Tribunal, the…
Section 60 — Decision-makers may elect not to participate in kind of proceeding or Tribunal case event
(1) A person who is the decision-maker for a reviewable decision may give the Tribunal written notice (an election notice) that the person does not wish to participate in: (a) a kind of proceeding in…
Section 61 — Decision-maker who elects not to participate may be a non-participating party to proceeding or Tribunal case event
Person who has given election notice (1) A person is a non-participating party to a proceeding if: (a) the person is a party to the proceeding (other than the applicant); and (b) the proceeding…
Section 62 — Tribunal may allow non-participating party to participate
(1) If a non-participating party to a proceeding gives the Tribunal written notice (a participation notice) that the party wishes to participate in the proceeding, the Tribunal must decide whether or…
Section 63 — Non-participating party may give submissions or be required to participate
Written submissions may be provided (1) A non-participating party to a proceeding may give the Tribunal written submissions in relation to the proceeding. (1A) A non-participating party to a Tribunal…
Section 64 — Rules may deal with elections in relation to participation
(1) The rules may provide for or in relation to: (a) the operation of sections 60 to 63; and (b) the operation of this Part in relation to parties who are or who have been non-participating parties…
Section 65 — Certain parties may seek to withdraw from being a party
General rule (1) The Tribunal may order that a party to a proceeding in the Tribunal ceases to be a party to the proceeding if the party gives written notice to the Tribunal that the party wishes to…
Section 66 — Representation before Tribunal
General rules (1) A party to a proceeding in the Tribunal may choose another person to represent the party in the proceeding. (2) A person who is required or permitted to appear before the Tribunal…
Section 67 — Tribunal may appoint litigation supporter
Appointment of litigation supporter (1) The Tribunal may, by order, appoint a person to be a litigation supporter for a party to a proceeding in the Tribunal if the Tribunal considers that: (a) the…
Section 68 — Tribunal may appoint interpreter
Tribunal may appoint interpreter on request (1) A person appearing at a Tribunal case event may request the Tribunal to appoint an interpreter for the person. (2) The Tribunal must comply with the…
Section 69 — Hearings to be in public unless practice directions or Tribunal order requires otherwise
General rule (1) The hearing of a proceeding in the Tribunal must be in public. Note: The hearing of a proceeding is the substantive hearing of the matter before the Tribunal. Directions hearings do…
Section 70 — Tribunal may restrict publication or disclosure of information
Information about parties, witnesses and others (1) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of: (a) information tending to reveal…
Section 71 — Requirements for Tribunal orders about hearings, publication and disclosure
Practice directions (1) In making an order under subsection 69(3) or section 70, the Tribunal must comply with the requirements (if any) specified in the practice directions. Considerations (2) In…
Section 72 — Tribunal must notify parties of Tribunal case event
General rule (1) Before a Tribunal case event in relation to a proceeding, the Tribunal must give written notice to the parties to the proceeding of the date, time and place of the Tribunal case…
Section 73 — How a party may appear at a Tribunal case event
(1) Parties to proceedings may appear at Tribunal case events: (a) themselves; or (b) unless subsection (2) applies—through a representative. (2) The Tribunal may order a party to a proceeding to…
Section 74 — Tribunal may summon person to give evidence or produce documents
Power to issue summons (1) If the Tribunal has reasonable grounds to believe that a person has information, or a document or thing, relevant to a proceeding in the Tribunal, the Tribunal may, in…
Section 75 — Tribunal may take evidence
The Tribunal may take evidence, including on oath or by affirmation, inside or outside Australia.
Section 76 — Taking evidence on oath or affirmation
(1) At the hearing of a proceeding or a directions hearing in relation to a proceeding: (a) the Tribunal may require a person appearing before the Tribunal to give evidence to take an oath or make an…
Section 77 — Payment of witness fees and allowances
Entitlement to fees and allowances (1) A person required by this Act, another Act or an instrument made under an Act to give information or produce or give a document or thing to the Tribunal is to…
Section 78 — Inspection of documents produced under summons
General rule (1) A party to a proceeding may inspect or take a copy of a document or thing produced under a summons under section 74 in relation to the proceeding: (a) in the circumstances specified…
Section 79 — Tribunal may give directions in relation to procedure for proceeding
(1) The Tribunal may, by order, give directions in relation to the procedure to be followed for a proceeding in the Tribunal. (2) The order may do any of the following: (a) require a party to the…
Section 80 — Tribunal may hold directions hearing
The Tribunal may hold a directions hearing in relation to a proceeding in the Tribunal.
Section 81 — Tribunal may proceed without absent party
The Tribunal may proceed with a Tribunal case event that relates to a proceeding in the absence of a party to the proceeding if the Tribunal is satisfied that the party received appropriate notice of…
Section 82 — Tribunal may adjourn Tribunal case event
The Tribunal may adjourn a Tribunal case event that relates to a proceeding in the Tribunal from time to time.
Section 83 — Tribunal may remove party from proceeding if party fails to appear or does not comply
Tribunal may remove party who fails to appear (1) If: (a) a party to a proceeding in the Tribunal fails to appear at a Tribunal case event that relates to the proceeding; and (b) the Tribunal is…
Section 84 — If applicant dies or is bankrupt, wound up or in liquidation or administration
When this section applies (1) This section applies in relation to a proceeding in the Tribunal in relation to an application (the substantive application) for review of a decision if: (a) the…
Section 85 — Tribunal may remit decision to decision-maker for reconsideration
Tribunal may remit decision to decision-maker (1) At any time during a proceeding for review of a reviewable decision, the Tribunal may remit the decision to the decision-maker and ask the…
Section 86 — Tribunal may vary or revoke Tribunal order
Subject to this Act, a power of the Tribunal to make an order includes the power to revoke or vary the order.
Section 87 — Tribunal may refer to dispute resolution process
General rules (1) At any time during a proceeding, the Tribunal may, by order: (a) direct that the proceeding, or any part of or matter arising out of the proceeding, be referred to a dispute…
Section 88 — Evidence in dispute resolution process not admissible elsewhere
General rule (1) Evidence of anything said, any act done or any information disclosed at or for the sole purpose of a dispute resolution process is not admissible: (a) in a proceeding in the…
Section 89 — Eligibility of person conducting dispute resolution process to sit as a member
A member of the Tribunal as constituted for the purposes of a proceeding must no longer take part in the proceeding if: (a) the member conducts a dispute resolution process in relation to the…
Section 90 — Engagement of persons to conduct dispute resolution processes
(1) The Principal Registrar may, on behalf of the Commonwealth, engage a person to conduct a kind of dispute resolution process. (2) The Principal Registrar must not engage a person under subsection…
Section 91 — Disclosure of information—public interest certificate
Public interest certificate—Attorney-General of the Commonwealth (1) The Attorney-General of the Commonwealth may certify, in writing, that the disclosure of specified information, or the content of…
Section 92 — Attorney-General may intervene for public interest reasons
Attorney-General may intervene (1) If a person is asked a question in the course of giving evidence at the hearing of a proceeding in the Tribunal: (a) the Attorney-General of the Commonwealth may…
Section 93 — Attorney-General is party to proceeding
Public interest certificates (1) The Attorney-General of the Commonwealth or of a State, the Australian Capital Territory or the Northern Territory is a party to a proceeding in the Tribunal if: (a)…
Section 94 — Public interest decisions made by Tribunal
When this section applies (1) This section applies if, in relation to a proceeding (the primary proceeding): (a) an Attorney-General certifies under section 91 that the disclosure of specified…
Section 95 — Applicant may withdraw application
(1) The applicant may, at any time, by: (a) giving written notice to the Tribunal; or (b) notifying the Tribunal in any other manner specified for the application in the practice directions; withdraw…
Section 96 — Tribunal may dismiss application if parties consent
The Tribunal may, at any time, dismiss an application made to the Tribunal if the Tribunal has the consent of the parties to the proceeding in relation to the application (other than any…
Section 97 — Tribunal must dismiss application if decision is not reviewable decision
The Tribunal must dismiss an application if: (a) the application is made for review of a decision; and (b) the Tribunal is satisfied that the decision is not reviewable by the Tribunal.
Section 98 — Tribunal may dismiss application if fee is not paid
The Tribunal may dismiss an application if a fee payable by the applicant to the Tribunal in respect of the application is not paid by the time prescribed by the rules.
Section 99 — Tribunal may dismiss application if applicant does not appear
If: (a) the applicant fails to appear at a Tribunal case event that relates to a proceeding in relation to an application; and (b) the Tribunal is satisfied that the applicant received appropriate…
Section 100 — Tribunal may dismiss application if applicant fails to comply with order etc.
The Tribunal may dismiss an application made to the Tribunal if the applicant fails to do either of the following within a reasonable time: (a) proceed with the application; (b) comply with this Act…