The new Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT) with new rules in place to ensure the transition goes smoothly. The ART is a federal administrative review body that is user-focused, efficient, accessible, independent, and fair. The change addresses perceptions Australia’s appeals system was under-resourced and over-politicised. Like the AAT, the ART undertakes independent reviews of decisions made by the Australian Government. The rules will come into effect on 14 October 2024, the same day as the ART legislation.
Key Changes Under the New Rules
- Hiring Process: The ART will implement a merit-based hiring process for statutory appointments, differing from its predecessor, to restore public faith in the institution.
- President’s Powers: The President of the ART can make important decisions, like issuing practice directions, creating lists, and appointing leaders for specific areas of jurisdiction. They can do this within the first 28 days of the ART starting without consulting the Tribunal Advisory Committee right away. Consultations will still happen but can be deferred for up to three months.
- Application Deadlines: The rules clarify how old and new timeframes will interact when applying to the ART during the transition period. This will ensure that no one misses out on their opportunity to hear their case.
- Court Applications: For cases involving decisions made by the Immigration Assessment Authority (IAA) before the ART starts, the rules clarify that applicants can still appeal or make applications to the court, even after the transition. Court cases already in progress won’t be affected either.
- Immigration Detention Cases: The timeframe for individuals in immigration detention to apply for a review of migration or protection decisions has been extended to 7 working days (instead of 7 calendar days). This adjustment will be in place from 14 October 2024 until 14 April 2025.
- Jurisdiction: The ART Act will cover eight jurisdictional areas, which differ slightly from the nine areas defined by the AAT, though the overall scope of the ART remains the same. The eight jurisdictional areas are: General, Intelligence and Security, Migration, National Disability Insurance Scheme, Protection, Social Security, Taxation and Business, and Veterans’ and Workers’ Compensation.
Immigration Assessment Authority (IAA) Decisions: What Happens Now?
The Immigration Assessment Authority (IAA) was abolished when the Administrative Review Tribunal replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024 – Applicants will have a service that is fit for purpose and well-resourced. Applicants with the right to appeal an IAA decision before the ART’s commencement may still do so after the transition. Any court cases that are already happening will continue as normal.
In some cases, the court might send decisions back to the ART for reconsideration rather than the IAA. When that happens, the ART will treat it like any other protection decision under the new system.
Changes to Timeframes for Immigration Detention Reviews
For applicants in immigration detention, the timeframe for applying for an ART review of migration or protection decisions has been adjusted. Normally, applicants would have 7 days from being notified of the decision, but the new rules extend this to 7 working days to give applicants more time. This adjustment will last until 14 April 2025.
It is important to note that this is the only change – other application requirements remain the same.
Updates to Regulations Across Government Portfolios
Alongside these changes, the Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 make minor adjustments across 14 different government portfolios to reflect the switch from the AAT to the ART. These updates include:
- Replacing old references to the AAT with the new ART, including references to the AAT Act 1975.
- Updating provisions like notification requirements, fees, and timeframes so they align with the new ART system.
These changes will also take effect on 14 October 2024.