Any person who wishes to appeal a Commonwealth Government administrative action or decision should first read the Act or Regulations under which the decision was made or action was taken. This will usually outline any rights of review or appeal and the grounds for such an appeal. There is no general rule – some Acts give wide rights of appeal, others have only narrow grounds of appeal and some Acts give no right of appeal or review at all.

Many appeals are heard (either at first instance or as part of a graduated appeal process) by the Administrative Review Tribunal (ART).

Objective of the Administrative Review Tribunal

The objective of the ART, set out in s 9 of the Administrative Review Tribunal Act 2024 (Cth), is to provide an independent mechanism of review that:

Jurisdiction of the Administrative Review Tribunal

The jurisdiction of the Administrative Review Tribunal is broadly the same as the former Administrative Appeals Tribunal. Section 196 of the Administrative Review Tribunal Act 2024 (Cth) sets out the following 8 jurisdictional areas:

How to apply

Applications for review can be made online via the Tribunal website, by completing and lodging an application form, or by writing to the Tribunal by post, email or fax. Some applications can be made by telephone.

Applications should include the applicant's contact details, the type of decision, the date the decision was received, a copy of the decision and brief reasons as to why the applicant believes the decision is wrong.

Some applications for review do not require the payment of a fee (such as reviews relating to allowances or pensions). If a fee is payable, the full application fee is $1,121 (increasing on 1 July each year). Some people are eligible for a reduced or concessional fee of $100. This includes people who hold a Commonwealth health care card, pensioner concession card or other card that entitles them to Commonwealth health concessions, those in receipt of legal aid, or those in prison or immigration detention. A request for fee reduction should be sought when the application for review is lodged. For more information about fees, visit the Tribunal website. You may also wish to read our Court and Tribunal Fee Waiver Guide (PDF download, 657KB).

Generally, an appeal must be lodged within 28 days of receiving notification of the decision if reasons are provided with it, or 28 days after receiving a formal statement of reasons if requested under the Administrative Review Tribunal Act 2024 (Cth). This time may be extended by the Tribunal but extensions are not always granted. While 28 days is the most common time limit, some laws impose a much shorter time limit (such as decisions under section 501 of the Migration Act 1958 (Cth)). Some applications allow a longer time limit (for example, most decisions made by the Australian Taxation Office have a time limit of 60 days). You should read the documents provided by the decision-maker for any relevant time limits or check the type of review on the Tribunal website.

The original decision will usually continue to operate while you wait for the Tribunal to review it [Administrative Review Tribunal Act 2024 (Cth) s 32]. On application for a review, the Tribunal may order that the decision be stayed (suspended) until the review has concluded.

Presenting a case

An applicant may be represented before the ART by a lawyer or any other person. Proceedings of the ART are intended to be straightforward and informal but legal representation is often a good idea given the demands of complex legislation and the fact that the original decision-maker (a government agency) is usually represented by a lawyer or skilled advocate.

The ART does not rely solely on oral argument. Parties must provide statements of facts and contentions. It is not bound by the rules of evidence and may inform itself in whatever way it considers appropriate.

It is possible for parties other than the applicant and the original decision-maker to join review proceedings [Administrative Review Tribunal Act 2024 (Cth) s 22]. For a third party to be joined, they must satisfy the Tribunal that their interests are affected by the decision and it is appropriate to join the proceedings.

The Act allows for alternative dispute resolution processes to be held between the parties [s 87], with the hope that many disputes can resolve without the need for a hearing. Dispute resolution processes can also help parties identify and narrow the issues in dispute to allow for a more efficient hearing if one is necessary. Dispute resolution is usually held in private and any evidence or information disclosed cannot be used in any court or Tribunal hearing [s 88].

The ART has wide powers to call for government documents [ss 23 - 27]. This power applies even in cases where the Attorney-General of the Commonwealth or of a State or Territory has ruled that disclosure of the document would be contrary to the public interest [s 91]. The Tribunal may receive and examine a document despite the Attorney-General's ruling and in some cases may provide the document to the parties.

Hearings are usually held in public, although the ART has a discretion to close part, or all, of a hearing [s 69]. In some appeals under the Freedom of Information Act 1982 (Cth), the ART is required to conduct at least part of the hearing in private.

Powers of the Tribunal

In reviewing a decision, the ART may exercise all of the powers and discretions that are conferred on the original decision-maker under the relevant legislation [s 54]. The Tribunal is usually required to make its decision in writing and give reasons [s 111]. Unless relevant legislation says otherwise, the ART may:

The ART does not have the power to order costs except in some specific types of matters and circumstances, such as in Commonwealth workers compensation matters [see Safety, Rehabilitation and Compensation Act 1988 (Cth) s 67]. In other matters the Tribunal may recommend that the Commonwealth pay the cost of the application, but there is no obligation on the Commonwealth to do so. Generally each party must pay their own costs.

The law permits a party, or intending party, to apply for legal or financial assistance [s 294]. The Attorney-General must have regard to whether refusal to grant the assistance would involve hardship to the applicant and whether in all the circumstances it is reasonable to grant it and may impose conditions on any assistance granted.

Appeals

The Federal Court of Australia may hear an appeal of a Tribunal decision as to a person's standing or right to appear in proceedings or on a question of law [Administrative Review Tribunal Act 2024 (Cth) ss 172, 173]. The ART itself may refer a difficult point of law to the Federal Court [s 185]. Some matters may be transferred to the Federal Circuit and Family Court (Division 2) [s 179].

An appeal does not affect the operation or implementation of a decision unless the Court or a judge of the Court orders otherwise [s 178]. If an appeal is taken to the Federal Court, a party may be liable to pay costs.