Administrative Review Tribunal Act 2024
Sections and provisions with full text and the judgments that cite each one.
Section 101 — Tribunal may dismiss application if frivolous, vexatious etc.
(1) The Tribunal may, at any time, dismiss an application made to the Tribunal if the Tribunal is satisfied that the application: (a) is frivolous, vexatious, misconceived or lacking in substance; or…
Section 102 — Reinstatement of application
When this section applies (1) This section applies if the Tribunal dismisses an application. Note: An application may be dismissed in specified circumstances (see sections 20, 84 and 96 to 101). In…
Section 103 — If parties reach agreement—review of decisions only
Tribunal may make decision agreed by parties (1) If, at any time: (a) the parties to a proceeding for review of a decision agree on the terms of a decision of the Tribunal: (i) in the proceeding; or…
Section 104 — When this Subdivision applies
This Subdivision applies in relation to an application for review of a reviewable decision.
Section 105 — Tribunal decision on review of reviewable decision
In relation to the reviewable decision, the Tribunal must make a decision: (a) affirming the reviewable decision; or (b) varying the reviewable decision; or (c) setting aside the reviewable decision…
Section 106 — Circumstances in which Tribunal may reach decision without hearing—review of decisions only
Tribunal may make decision without hearing in certain circumstances (1) The Tribunal may make its decision in the proceeding in relation to the application after considering the documents and things…
Section 107 — When Tribunal’s decision on review comes into operation
General rule (1) A decision of the Tribunal in the proceeding in relation to the application comes into operation when it is given to the parties to the proceeding. Exception—Tribunal specifies a…
Section 108 — Effect of Tribunal decision to vary or substitute a reviewable decision
When this section applies (1) This section applies if the Tribunal: (a) varies the reviewable decision; or (b) sets aside the reviewable decision and makes a decision in substitution for the…
Section 109 — Tribunal guidance decisions
General rule (1) A decision of the Tribunal is a Tribunal guidance decision if: (a) the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with: (i) section…
Section 110 — Tribunal must have regard to Tribunal guidance decisions
General rule (1) When making a decision in a proceeding in the Tribunal, the Tribunal must have regard to Tribunal guidance decisions that the Tribunal considers raise: (a) facts similar to the facts…
Section 111 — Notice of decision and statement of reasons—review of reviewable decision
When this section applies (1) This section applies if the Tribunal makes a decision under section 105 in a proceeding for review of a reviewable decision, other than a decision made in accordance…
Section 112 — Notice of decision and statement of reasons—other proceedings
When this section applies (1) This section applies if the Tribunal makes a decision finalising a proceeding in the Tribunal, other than: (a) a public interest decision mentioned in subsection 94(1)…
Section 113 — Tribunal may publish decisions
General rules (1) The Tribunal may publish its decisions and the reasons for them. (2) The Tribunal must publish a decision (and the reasons for it) if: (a) the President considers that the decision:…
Section 114 — Tribunal may correct error in decision or statement of reasons
(1) If, after the Tribunal makes a decision, the Tribunal considers that there is an obvious error in the text of: (a) the decision; or (b) the statement of reasons for the decision; the Tribunal may…
Section 115 — Taxing costs
When this section applies (1) This section applies if the Tribunal orders a party to a proceeding in the Tribunal to pay costs incurred by another party to the proceeding. Note: The Tribunal’s power…
Section 116 — Offence—failure to comply with summons
(1) A person commits an offence if: (a) the person is given a summons under section 74; and (b) the person fails to comply with the summons. Penalty: Imprisonment for 6 months or 30 penalty units, or…
Section 117 — Offence—failure to take oath, make affirmation or answer question
A person appearing before the Tribunal to give evidence at the hearing of a proceeding or a directions hearing in relation to a proceeding commits an offence if the person: (a) fails to take an oath…
Section 118 — Offence—giving false or misleading evidence
(1) A person appearing before the Tribunal to give evidence commits an offence if the person: (a) gives evidence; and (b) does so knowing that the evidence: (i) is false or misleading; or (ii) omits…
Section 119 — Offence—breach of non-publication or non-disclosure order
A person commits an offence if: (a) the person engages in conduct; and (b) the conduct contravenes an order under section 70 (Tribunal may restrict publication or disclosure of information) or…
Section 120 — Offence—contempt of Tribunal
(1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct obstructs or hinders the Tribunal or an authorised person in the performance of the functions of the…
Section 121 — Simplified outline of this Part
The guidance and appeals panel is a way of constituting the Tribunal at a more senior level to: (a) review some decisions made by decision-makers; or (b) re-review some decisions that have been…
Section 122 — President may refer application for review of decision to guidance and appeals panel
(1) If: (a) an application for review of a decision is made to the Tribunal (other than a guidance and appeals panel application); and (b) the President is satisfied that: (i) the application raises…
Section 123 — Application may be made to refer certain Tribunal decisions to guidance and appeals panel
General rule (1) Application may be made to the President to refer a decision of the Tribunal under section 105 (Tribunal decision on review of reviewable decision) to the guidance and appeals panel.…
Section 124 — How to apply
Manner of applying (1) An application to refer a decision of the Tribunal to the guidance and appeals panel may be made in writing or in any other manner specified for the application in the practice…
Section 125 — When to apply to refer Tribunal decision
An application to refer a decision of the Tribunal to the guidance and appeals panel must be made within the period of 28 days after the Tribunal gives a statement of reasons for the decision to the…
Section 126 — Parties to be notified of application
(1) This section applies if an application is made to refer a decision of the Tribunal (the Tribunal decision) to the guidance and appeals panel. (2) The Tribunal must give written notice of the…
Section 127 — Tribunal decision continues to operate unless Tribunal orders otherwise
General rule (1) The making of an application (the referral application) to refer a decision of the Tribunal (the Tribunal decision) to the guidance and appeals panel does not affect the operation of…
Section 128 — President decides whether to refer Tribunal decision to guidance and appeals panel
President’s decision (1) If a person applies to refer a decision of the Tribunal (the Tribunal decision) to the guidance and appeals panel, the President may refer the Tribunal decision to the…
Section 129 — Notice of President’s decision
(1) This section applies if: (a) a person applies to refer a decision of the Tribunal (the Tribunal decision) to the guidance and appeals panel; and (b) the President decides to refer the Tribunal…
Section 130 — Application for review proceeds if President refers Tribunal decision to guidance and appeals panel
When this section applies (1) This section applies if the President refers to the guidance and appeals panel under section 128 a decision made by the Tribunal (the Tribunal decision) to affirm, vary…
Section 131 — Tribunal may have regard to records and documents from earlier proceeding
In a proceeding in relation to a guidance and appeals panel application taken to be made because the President refers a decision of the Tribunal to the guidance and appeals panel, the Tribunal may…
Section 131A — Simplified outline of this Part
A person may apply to the Tribunal for review of an ART social services decision. Most ART social services decisions are decisions made by the Tribunal on review of social services decisions.…
Section 131B — How this Part applies
This Part applies despite subsection 108(3) (no application for review of varied or substituted decision).
Section 131C — Meaning of eligible social services decision
Each of the following is an eligible social services decision: (a) a reviewable decision made under the A New Tax System (Family Assistance) Act 1999; (b) a reviewable decision made under the A New…
Section 131D — Who can apply
(1) A person whose interests are affected by an ART social services decision may apply to the Tribunal for review (the second review) of the decision. (2) However, an application cannot be made for…
Section 131E — Operation of this Act and other laws
(1) This Act applies in relation to an ART social services decision as if the decision were a reviewable decision. (2) If the review of an eligible social services decision under this Act was subject…
Section 131F — References to the decision-maker
A reference in this Act, as it would apply for the purposes of second review, to the decision-maker for an ART social services decision is taken to be a reference to the decision-maker for the…
Section 131G — Giving reasons and documents to Tribunal
Section 23 (decision-maker must give reasons and documents to Tribunal—general rule) does not apply in relation to an application for second review.
Section 131H — Who can apply—claimant decisions
Despite section 17 (who can apply), an application for second review in relation to a claimant decision (within the meaning of the Paid Parental Leave Act 2010) may not be made by a person in the…
Section 131J — When to apply
(1) Despite a contrary intention in any other law, an application for second review must be made within the time prescribed under section 18 (when to apply—general rule). (2) However, an application…
Section 131K — Parties to proceeding
(1) The parties to a proceeding for second review include the persons who were parties to the proceeding for review of the related eligible social services decision. (2) However, subsection (1) has…
Section 131L — Limits on applying to become a party to proceeding—claimant decisions
(1) This section applies to a proceeding for a second review that relates to a claimant decision (within the meaning of the Paid Parental Leave Act 2010). (2) Despite paragraph 22(1)(c), a person may…
Section 131M — Decision cannot be altered outside Tribunal process
Despite a contrary intention in any other law, section 31 (decision cannot be altered outside Tribunal process) has effect in relation to a second review.
Section 131N — No automatic election notice for decision-maker
Despite a contrary intention in any other law, a decision-maker is not taken to have given the Tribunal an election notice in relation to a second review.
Section 131P — Tribunal may have regard to records and documents from earlier proceeding
In a proceeding for second review, the Tribunal may have regard to: (a) any record of the proceeding (the earlier proceeding) in which the ART social services decision was made (including a record of…
Section 131Q — Care percentage determinations reviewed under other Acts
Family assistance care percentage decisions (1) Section 123 of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to a second review of a family assistance…
Section 131R — Date of effect provisions
The following provisions do not apply in relation to second review: (a) section 125 of the A New Tax System (Family Assistance) (Administration) Act 1999; (b) section 95N of the Child Support…
Section 131S — Treating events as having occurred
(1) Paragraph 127(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 has effect as if the reference in that paragraph to ART review of a decision included a reference to second…
Section 131T — Remitting decisions for reconsideration
Despite a contrary intention in any other law, section 85 (Tribunal may remit decision to decision-maker for reconsideration) applies in relation to a second review.
Section 131U — Legal or financial assistance
Despite a contrary intention in any other law (other than section 122 of the A New Tax System (Family Assistance) (Administration) Act 1999): (a) subsection 294(1) (legal or financial assistance for…