Administrative Review Tribunal Act 2024
Sections and provisions with full text and the judgments that cite each one.
Section 131V — Operation and implementation of decision on second review
Despite a contrary intention in any other law, subsection 32(2) (Tribunal may stay operation or implementation) applies in relation to a second review.
Section 131W — Guidance and appeals panel
An application cannot be made under section 123 to refer any of the following to the guidance and appeals panel: (a) a decision of the Tribunal on review of an eligible social services decision; (b)…
Section 131X — Time and manner for making appeals
(1) This section applies: (a) if a person applies for second review of an ART social services decision; and (b) for the purposes of counting the 28 days mentioned in paragraph 174(1)(a), (b) or (c)…
Section 132 — Simplified outline of this Part
Special rules apply when the Tribunal’s powers in relation to a proceeding are exercised in the Intelligence and Security jurisdictional area. This occurs if the proceeding relates to an intelligence…
Section 133 — How this Part applies
Interaction with other provisions (1) This Part: (a) applies despite any other provision of this Act, the regulations, the rules or the practice directions; but (b) unless this Part provides…
Section 134 — Proceedings to be conducted in Intelligence and Security jurisdictional area
Reviews of intelligence and security decisions (1) The Tribunal’s powers in relation to a proceeding that relates to an intelligence and security decision are to be exercised in the Intelligence and…
Section 135 — Operation in relation to decision-maker
When this section applies (1) This section applies: (a) in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and (b) for the…
Section 136 — Reasons for decisions
When this section applies (1) This section applies in relation to an intelligence and security decision. Reasons for decisions (2) Division 3 of Part 10 (decision-makers to give reasons for…
Section 137 — Meaning of relevant body
When this section applies (1) This section applies in relation to a proceeding in the Intelligence and Security jurisdictional area. Meaning of relevant body (2) The relevant body for a decision…
Section 138 — Limits on who can apply for certain reviews
When this section applies (1) This section applies in relation to an intelligence and security decision, other than an exempt security record decision. Persons who can apply for review (2) Section 17…
Section 139 — Additional persons to be notified of applications for review
When this section applies (1) This section applies: (a) in relation to an intelligence and security decision; and (b) in addition to section 21 (parties and potential parties to be notified of…
Section 140 — Applications for decisions to be reviewed again
When this section applies (1) This section applies in relation to an intelligence and security decision, other than an exempt security record decision. Application for decision to be reviewed again…
Section 141 — Information to be provided by agency head
When this section applies (1) This section applies: (a) in relation to an intelligence and security decision, other than an exempt security record decision; and (b) instead of Subdivision B of…
Section 142 — When this Subdivision applies
This Subdivision applies in relation to the review of: (a) a security clearance decision; or (b) a security clearance suitability assessment.
Section 143 — Director-General of Security may provide standards
Providing standards (1) The Director-General of Security may give the Tribunal either or both of the following: (a) a copy of any standard (or a part of a standard) certified in writing by the…
Section 144 — Disclosure of standards
General rule (1) The Tribunal must do all things necessary to ensure that a copy of a standard (or a part of a standard) given to the Tribunal under section 143, or any information contained in the…
Section 145 — Constitution of Tribunal—general rule
When this section applies (1) This section applies: (a) in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area; and (b) instead of section 39…
Section 147 — Parties to proceedings
When this section applies (1) This section applies: (a) in relation to a proceeding for review of an intelligence and security decision; and (b) instead of the following provisions: (i) unless the…
Section 148 — Certain hearings must be held in private
When this section applies (1) This section applies in relation to a proceeding that relates to an intelligence and security decision, other than an exempt security record decision. (2) This section…
Section 149 — Persons entitled to be present at hearings
When this section applies (1) This section applies: (a) in relation to a proceeding for review of an intelligence and security decision; and (b) subject to section 158 (security…
Section 150 — Relevant bodies may adduce evidence and make submissions
When this section applies (1) This section applies in relation to a proceeding for review of an intelligence and security decision. Relevant bodies may adduce evidence and make submissions (2) A…
Section 151 — Order of evidence and submissions
When this section applies (1) This section applies in relation to a proceeding for review of an intelligence and security decision. Order of presentation (2) Unless it determines otherwise, the…
Section 152 — Opportunity for further evidence and submissions
When this section applies (1) This section applies in relation to a proceeding for review of an intelligence and security decision. Further evidence and submissions (2) The Tribunal must give a party…
Section 153 — Tribunal may invite person to give evidence
When this section applies (1) This section applies in relation to a proceeding in the Intelligence and Security jurisdictional area. Tribunal may invite person to give evidence (2) The Tribunal may,…
Section 154 — Certain processes not available
When this section applies (1) This section applies in relation to an intelligence and security decision, other than an exempt security record decision. Dispute resolution (2) Subdivision C of…
Section 155 — Guidance and appeals panel
When this section applies (1) This section applies in relation to an intelligence and security decision. Guidance and appeals panel (2) Part 5 (guidance and appeals panel) does not apply in relation…
Section 156 — Duty of Tribunal in relation to security and law enforcement information
When this section applies (1) This section applies in relation to a proceeding in the Intelligence and Security jurisdictional area. Duty to protect security and law enforcement information (2) It is…
Section 157 — Restricting publication or disclosure of information
When this section applies (1) This section applies: (a) in relation to a proceeding in the Intelligence and Security jurisdictional area; and (b) in addition to: (i) section 70 (Tribunal may restrict…
Section 158 — Security certificates—responsible Minister
When this section applies (1) This section applies in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision. (2) This section…
Section 159 — Sensitive information certificates—Director-General of Security
When this section applies (1) This section applies in relation to a proceeding for review of: (a) a security clearance decision; or (b) a security clearance suitability assessment. Sensitive…
Section 160 — Protecting identities of persons giving evidence
When this section applies (1) This section applies in relation to a proceeding in the Intelligence and Security jurisdictional area. Protecting identities (2) The Tribunal must do all things…
Section 161 — Public interest certificates—responsible Minister
When this section applies (1) This section applies: (a) in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and (b) instead…
Section 162 — Non-disclosure certificates under other Acts
When this section applies (1) This section applies in relation to a proceeding for review of a decision mentioned in column 1 of an item in the following table if a certificate made under the…
Section 163 — Security clearance decisions
When this section applies (1) This section applies: (a) in relation to the review of a security clearance decision; and (b) instead of the following provisions: (i) section 105 (Tribunal decision on…
Section 165 — When this Subdivision applies
This Subdivision applies: (a) in relation to the review of an intelligence and security decision other than an exempt security record decision; and (b) instead of section 111 (notice of decision and…
Section 166 — Making and recording findings
(1) The Tribunal: (a) must make and record its findings in relation to the decision; and (b) in relation to those findings—may state the opinion of the Tribunal as to the correctness of, or…
Section 167 — Communicating decisions
Written notice of decisions and findings (1) The Tribunal must give written notice of its decision on the review, and copies of its findings made under section 166, to: (a) the applicant; and (b) the…
Section 168 — Findings relating to procedures or practices of agency
The Tribunal may provide, with the findings given to the agency head and the responsible Minister, any comments the Tribunal wishes to make on matters relating to procedures or practices of the…
Section 169 — Applicant may publish findings
Subject to any order of the Tribunal, the applicant is entitled to publish the following, in any manner the applicant thinks fit: (a) the Tribunal’s decision on the review; (b) the findings of the…
Section 170 — Simplified outline of this Part
A party to a proceeding in the Tribunal may appeal to the Federal Court, on a question of law, from the decision of the Tribunal in the proceeding. A decision that a person’s interests are not…
Section 171 — Part applies whether Tribunal’s power is conferred by Commonwealth, State or Territory law
(1) This Part applies in relation to a proceeding before the Tribunal under power conferred on it by or under: (a) an Act or an instrument made under an Act; or (b) a law of a State, the Australian…
Section 172 — Party may appeal
(1) A party to a proceeding in the Tribunal may appeal to the Federal Court, on a question of law, from the decision of the Tribunal in the proceeding. Note 1: A party to a proceeding for review of a…
Section 173 — Decisions about standing
A person may appeal to the Federal Court from a decision of the Tribunal that the person’s interests are not affected by a reviewable decision.
Section 174 — Time and manner for making appeals
(1) The appeal must be made: (a) if either of the following applies—no later than 28 days after the Tribunal gives the party or person its statement of reasons for the decision: (i) the Tribunal is…
Section 175 — Constitution of Federal Court
(1) The appeal must be heard by a Full Court if the decision is given by: (a) a member who is a Judge; or (b) the Tribunal constituted for the purposes of a proceeding by a member who is, or members…
Section 176 — Federal Court has jurisdiction
(1) If an appeal is made under Subdivision A, the Federal Court: (a) has jurisdiction to hear and determine the appeal; and (b) must hear and determine the appeal; and (c) may make any order it…
Section 177 — Court may make findings of fact
(1) In hearing the appeal, the Federal Court may make findings of fact if: (a) the findings of fact are not inconsistent with findings of fact made by the Tribunal (other than findings made by the…
Section 178 — Operation and implementation of Tribunal’s decision
General rule—operation or implementation not affected (1) An appeal to the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent the taking of action…
Section 179 — Transfer of appeals
General rule—Federal Court may transfer appeal (1) If an appeal under Subdivision A of Division 2 is pending in the Federal Court, the Federal Court may, by order, transfer the appeal to the Federal…
Section 180 — No appeal from decision to transfer
No appeal lies in relation to a decision of the Federal Court to transfer an appeal under this Division.