Lodging a review application with the Administrative Review Tribunal
The Administrative Review Tribunal (ART) was established by the Administrative Review Tribunal Act 2024 to replace the AAT. It conducts independent merits review of decisions made under Commonwealth legislation by government agencies, including decisions by Centrelink, the ATO, the Department of Home Affairs, the NDIS, and many others. A merits review is different from judicial review — the ART reconsiders the facts and the law and makes the correct decision afresh.
This is an 8-step workflow for lodging a review application with the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) in 2024. The ART conducts merits review of Commonwealth government decisions — it stands in the shoes of the original decision-maker and decides what the correct or preferable decision is.
Before you start
- A reviewable decision made under Commonwealth legislation
- Confirmation that the decision has been through any required first-tier review (e.g. Centrelink Authorised Review Officer)
- The decision notice or letter setting out the decision and the review rights
The workflow
Confirm the decision is reviewable
Verify that the decision is a "reviewable decision" that the ART has jurisdiction to review. Check the enabling legislation for a review provision. Not all Commonwealth decisions are reviewable — the legislation must specifically provide for ART review. Check whether any first-tier review must be completed first.
Check the time limit for lodging
Identify the time limit for lodging the review application. The standard period is 28 days from the date of the decision notification, but this varies depending on the legislation. Some immigration decisions have shorter periods (e.g. 7 or 9 days for bridging visa decisions). If out of time, assess whether the ART can grant an extension.
Gather the decision documents
Obtain the original decision, the statement of reasons (request one under s 28 of the Administrative Review Tribunal Act if not provided), and all documents that were before the original decision-maker. Review the reasons to identify the factual findings and legal reasoning that can be challenged.
Identify the grounds for review
Formulate the grounds for seeking review — errors of fact, errors of law, failure to consider relevant evidence, unreasonable exercise of discretion, or new evidence that was not before the original decision-maker. In a merits review, the ART can consider all evidence, including new evidence.
Prepare supporting evidence
Gather all evidence that supports the applicant's case, including new evidence not previously before the decision-maker. This may include updated medical reports, financial documents, character references, expert opinions, or statutory declarations. Organise the evidence by issue.
Complete and lodge the application form
Fill out the ART application form (available on the ART website). Include the applicant's details, the decision under review, the decision-maker, the grounds for review, and the outcome sought. Pay the application fee (fee waivers and reductions are available for financial hardship).
Prepare for the case conference or hearing
After lodgement, the ART will schedule a case conference or preliminary hearing. Prepare a case outline, organise the evidence, and brief the client on the process. Consider whether any additional evidence or expert reports are needed before the hearing.
Attend the hearing and present the case
Attend the ART hearing (in person, by phone, or by video). Present the applicant's evidence and submissions, respond to the decision-maker's case, and address any questions from the ART member. The ART will either make a decision at the hearing or reserve its decision.
What you will have at the end
A review application lodged with the ART, leading to an independent merits review of the original decision. The ART can affirm, vary, set aside, or substitute a new decision.
Common issues
- Application lodged outside the time limit without grounds for an extension
- Failing to complete required first-tier review before applying to the ART
- Not requesting the statement of reasons, making it harder to identify errors in the original decision
- Submitting new evidence at the hearing without giving the other party adequate notice
- Confusing merits review (ART) with judicial review (Federal Court) — different tests and outcomes
Run this workflow on a real matter
Quillio helps identify whether a decision is reviewable, analyse the statement of reasons for errors, draft the grounds of review, and prepare submissions for the ART hearing. See /practice-areas/administrative-lawyers or start a free trial.
This workflow is a general guide for ART review applications. Time limits, procedures, and fee structures vary by division and decision type. The ART replaced the AAT in 2024 — some transitional provisions may apply to older decisions. Always verify current requirements on the ART website.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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