From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia.
The key changes that are expected to take place as part of the transition include:
- Implementing a transparent and merit-based appointments process
- Appointment of additional members to address existing backlogs
- Implementing sustainable funding arrangements
- Implementing a single and updated case management system to address risks
- Introducing procedural efficiencies and process improvements
- Implementing support services and emphasise early resolution where possible
These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.
Common questions and answers
What happens to my appeal with the AAT?
If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.
Do I need to submit a new appeal application with the ART?
No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.
Is the AAT still operating until 14 October 2024?
Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.
Are all decisions made by the AAT still valid?
Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.
We will provide further updates in relation to the expected changes as they are announced by the Australian government.
If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us.
Sources:
https://www.ag.gov.au/legal-system/new-system-federal-administrative-review
https://www.aat.gov.au/about-the-aat/transition-to-the-administrative-review-tribunal
