How to lodge a review with the Administrative Review Tribunal
To seek merits review of a Commonwealth government decision, you lodge an application with the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024 under the Administrative Review Tribunal Act 2024 (Cth). Most applications must be lodged within 28 days of receiving the decision and reasons. Filing fees apply in some divisions.
The framework
The Administrative Review Tribunal is established under the Administrative Review Tribunal Act 2024 (Cth) (which replaced the Administrative Appeals Tribunal Act 1975 (Cth) on 14 October 2024). The ART hears merits review applications across multiple jurisdictional areas.
The process
Confirm the decision is reviewable
Not all government decisions are reviewable by the ART. The decision letter usually tells you whether you have ART review rights and the time limit. Confirm the decision is within the ART's jurisdiction.
Read the reasons for the decision
Request a written statement of reasons under section 28 of the Administrative Review Tribunal Act 2024 if not already provided. Reasons help you frame your application and identify errors.
Check the time limit
Most applications must be made within 28 days of receiving the decision and reasons. Some divisions have different time limits — for example, child support and migration applications. Extensions are discretionary.
Choose the right ART jurisdictional area
The ART has divisions including General, Migration and Refugee, Social Services, Taxation and Business, Veterans' Appeals, and Intelligence and Security. Make sure your application targets the correct division.
Complete the application form
Complete the online application form via art.gov.au or a paper form. Provide the decision-maker's details, the decision date, your reasons for seeking review, and the outcome you are seeking.
Pay the application fee or seek a waiver
Application fees apply in some divisions. Fee waivers are available for hardship, concession card holders, and certain matters. Migration and Refugee Division fees are generally only refunded on success.
ART acknowledges and notifies the decision-maker
The ART acknowledges your application and notifies the original decision-maker, who must lodge the decision-maker's documents (the "T-documents" under section 38 of the predecessor Act, now under the ART Act 2024) within 28 days.
Conferences and case events
Most matters proceed through case conferences, conciliation, or mediation. The ART aims to resolve matters informally where possible. Many cases settle without a hearing.
Hearing
Hearings are generally less formal than court. The ART can affirm, vary, or set aside the original decision and substitute a new one. Hearings are usually held in person, by phone, or video.
Decision and further appeal
The ART issues a written decision with reasons. A further appeal to the Federal Court of Australia is available on a question of law under section 44 of the AAT Act (now equivalent provisions of the ART Act 2024) within 28 days.
Common mistakes
- Missing the 28-day filing deadline
- Lodging in the wrong division
- Not requesting written reasons before applying
- Failing to pay or seek waiver of the application fee
- Treating the ART like a court (hearings are informal)
Get this process right with Quillio
Quillio can help analyse the decision, prepare your statement of reasons for review, and draft submissions for the ART. See /practice-areas/administrative-law or start a free trial.
This guide is general information, not legal advice. The ART replaced the AAT in October 2024 — check current ART rules and forms. Free legal help is available from community legal centres for many matters.
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