Document Set 3a Attachments Redacted.pdf

s 47C

PERFORMANCE STANDARD GUIDELINE1
Part 1  Introduction
1.1
The purpose of this Guideline is to explain how the Administrative  Review  Tribunal
Performance  Standard  for  Non-Judicial  Members  (Standard)  will  be  applied,  and
should  be  read  in  conjunction  with  the  Standard.  Expressions  used  in this  Guideline
which are defined in the Standard have the meanings set out in the Standard.
1.2
Parts 3 to  7 of the Standard set  out  the minimum  performance standards  with  which
Members must comply. Parts 9 to 11 set out the action that may be taken in relation to
Members  meeting  the  Standard,  including  the  process  for  dealing  with  possible
breaches of the Standard.
Standards of performance
Part 2 of the Standard: Application of key definitions
Applicable Decision Delivery Benchmark
2.1
The Applicable Decision Delivery Benchmark for a substantive decision in each List
will be:
(1)
Taxation List: 75 calendar days from the day the decision became a Reserved
Decision;
(2)
Information  and  Other  List,  Veterans  List,  Workers’  Compensation  List,
Regulation and Discipline List, Plans List, Access List: 60 calendar days from
the day the decision became a Reserved Decision;
(3)
Character and Citizenship List:
(a)
citizenship cases:  60 calendar days from the day the decision became a
Reserved Decision;
(b)
character cases not subject to a statutory time limit: 60 calendar days from
the day the decision became a Reserved Decision;

1
Compilation date: 13 June 2025
This is a compilation of the Performance Standard Guideline (Guideline) that shows the text of the
Guideline as amended and in force on 13 June 2025 (the compilation date). The endnotes on page 6
include information about the amendment history of the Guideline and when particular amendments took
effect. The commencement dates of amendments are shown in the endnotes.

1

(c)
character cases subject to a statutory time limit: the decision must be given
to the parties within the statutory time limit and, where it is not possible
for a Statement of Reasons for the decision to be given to the parties within
the  statutory  time  limit,  the  Statement  of  Reasons  must  be  given  to  the
parties within 14 calendar days after the decision is given to the parties;
(4)
Study Visas List, Visitor, Bridging and Other Visas List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
study, visitor and bridging visa cases not subject to a statutory time limit:
35 calendar days from the day the decision became a Reserved Decision;
(c)
other visas: 60 calendar days from the day the decision became a Reserved
Decision;
(5)
Family and Partner Visas List, Working, Skilled and Investment Visas List:
(a)
where the opinion of an independent expert or the result of DNA testing
is necessary for the preparation of a Statement of Reasons: 120 calendar
days from the day the decision became a Reserved Decision;
(b)
in all other cases: 60 calendar days from the day the decision became a
Reserved Decision;
(6)
China List, India List, Malaysia List, Vietnam List, Saharan and Sub-Saharan
Africa  List,  Middle  East,  North  Africa  and  Americas  List,  South  Asia  List,
Pacific and Other Countries List:
(a)
cases which are remitted to the Tribunal by a court: 75 calendar days from
the day the decision became a Reserved Decision;
(b)
in all other cases: 60 calendar days from the day the decision became a
Reserved Decision;
(7)
Child Support List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
cases not subject to a statutory time limit: 30 calendar days from the day
the decision became a Reserved Decision;
(8)
Centrelink List and Paid Parental Leave List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
where  the  cases  are  decided  on  first  review  and  are  not  subject  to  a
statutory time limit: 14 calendar days from the day the decision became a
Reserved Decision;
(c)
where  the  cases  are  decided  on  second  review  and  are  not  subject  to  a

2

statutory time limit: 30 calendar days from the day the decision became a
Reserved Decision.2

2.2
The Applicable Decision Delivery Benchmark for a substantive decision for cases in
the Intelligence and Security Jurisdictional Area is 75 calendar days from the day the
decision became a Reserved Decision.
2.3
The  Applicable  Decision  Delivery  Benchmark  for  a  non-substantive  decision  in  all
Lists and the Intelligence and Security Jurisdictional Area is 14 calendar days from the
day the decision became a Reserved Decision.
Note:  For  some  non-substantive  decisions  (such  as  an  order  or  direction  in  relation  to  an
application made by a party during the hearing of a proceeding), where it is appropriate
in all the circumstances to do so, a Member may provide a Statement of Reasons for
that order or direction as part of the Statement of Reasons for the substantive decision.
2.4
For the purposes of [2.1], [2.2], and [2.3]:
(1) a substantive decision means a decision referred to in section 105 of the Act; and
(2) a non-substantive decision means a decision which is not a substantive decision.
Approved Reason
2.5
Case-related factors outside a Member’s control that may be approved by a Member’s
Leader (in accordance with any guidelines for approval  provided by the President  to
Members’  Leaders)  as  a  reason  for  not  meeting  an  Applicable  Decision  Delivery
Benchmark (an ‘Approved Reason’) include:
(1)
awaiting written submissions from the parties after a hearing concludes where
the submissions are necessary for the preparation of a Statement of Reasons;
(2)
awaiting an independent expert report after a hearing concludes where the report
is necessary for the preparation of a Statement of Reasons;
(3)
awaiting  an  opinion  or  report  after  a  hearing  concludes  where  the  opinion  or
report by law must be taken into account  before  the application for review is
determined;
(4)
where after a hearing concludes the Department of Foreign Affairs and Trade
issues a new country information assessment which must be taken into account
according to a ministerial direction issued under section 499 of the Migration
Act 1958;
(5)
where after a hearing concludes a significant change in circumstances occurs in
a receiving country which:
(a)  is not dealt with in an applicable Department of Foreign Affairs and Trade
country information assessment; and

2 Second review has the same meaning as in the Act.

3

(b) requires  that  updated  country  information  be  obtained  before  the
application for review is determined.
Tribunal Case Work
2.6
Other  work  that  may  be  allocated  and  designated  as  Tribunal  Case  Work  includes
persona designata or other case-related functions for which a Member may be rostered.
Part 3 of the Standard: Time spent undertaking Tribunal Case Work
3.1
The 205 days of Tribunal Case Work have been calculated as follows:
(6)
Allowing for weekends, public holidays and the three day Christmas shutdown
period there are approximately 245 working days in every financial year.
(7)
From the 245 working days, 40 days have been deducted to take into account
annual leave, authorised personal leave, and a reasonable allowance of days for
Members to undertake: training and development; functions they are obliged to
perform  under  the  Act  or  directed  to  perform  by  the  President  under
section  200(1)  of  the  Act;  and  any  other  activities  each  Member  may  be
authorised in writing to perform by the Member’s Leader in accordance with
guidelines given to Members’ Leaders by the President. The types of activities
that a Member’s Leader may authorise a Member to perform include preparing
bench books and conducting induction sessions for new members.
Part 4 of the Standard: Timely delivery of decisions
4.1
A Member is expected to meet the Applicable Decision Delivery Benchmark in each
case unless there is an Approved Reason for not meeting it. If there is another reason
why  a  Member  will  not  meet  the  Applicable  Decision  Delivery  Benchmark  in  an
individual case, the Member must discuss with the Member’s Leader whether it would
be appropriate to seek an adjustment to the Benchmark.
4.2
When a Member is seeking approval from the Member’s Leader of a reason for not
meeting  the  Applicable  Decision  Delivery  Benchmark,  the  Member  must  provide  a
proposed  date  for  Delivery  of  the  Reserved  Decision.  Where  the  proposed  date  is
approved by the Member’s Leader, an Approved Reason will excuse the Member from
meeting the Applicable Decision Delivery Benchmark in an individual case until the
approved proposed date for Delivery.
4.3
If a Member does not Deliver the Reserved Decision by the approved proposed date,
the Approved Reason will lapse. The Reserved Decision will then be counted for the
purposes of assessing compliance with [4.2], [4.3] or [4.5] of the Standard.

4

Process for dealing with possible breaches of the Standard
Part 10 of the Standard: Role of List Leaders and General Counsel
10.1
The Member’s Leader must regularly monitor the performance of the Member.
10.2
The General Counsel will coordinate the process for dealing with possible breaches of
the Standard and may provide advice and make recommendations to the President.

5

Endnotes

Name
Date
Commencement   Amended
Description
provisions
Performance Standard
14 October 2024
14 October 2024

Principal Guideline document.
Guideline
Performance Standard
13 June 2025
13 June 2025
1.1, 2.1(3), (4), (5)  Insertion of definition of
Guideline Amendment No. 1
and (6)
‘Standard’; update to names of
of 2025
Lists; change to Applicable
Decision Delivery Benchmarks
in paras 2.1(4) and (5).


6

PERFORMANCE STANDARD GUIDELINE AMENDMENT NO. 1
OF 2025

1.  This Performance Standard Guideline Amendment No 1 of 2025 commences on, and has
effect from, the date it is signed.
2.  The Performance Standard Guideline dated 14 October 2025 is amended as follows:
a.  In  paragraph  1.1,  for  ‘Standard’,  substitute  ‘Administrative  Review  Tribunal
Performance Standard for Non-Judicial Members (Standard)’.
b.  In paragraph 2.1(3):
i.  for  ‘Character,  Citizenship  and  Bridging  Visas  List’  substitute
‘Character and Citizenship List’; and
ii.  delete subparagraphs (d) and (e).
c.  In paragraph 2.1(4):
i.  for  ‘Study,  Visitor  and  Other  Visas  List’  substitute  ‘Study  Visas  List,
Visitor, Bridging and Other Visas List’; and
ii.  for ‘study and visitor visa cases not subject to a statutory time limit: 30
calendar  days’,  substitute  ‘study,  visitor  and  bridging  visa  cases  not
subject to a statutory time limit: 35 calendar days’.
d.  In  paragraph  2.1(5),  delete  the  text  after  the  full  colon  and  substitute  the
following:
(a)  where  the  opinion  of  an  independent  expert  or  the  result  of
DNA testing  is  necessary for the preparation of a Statement of
Reasons: 120 calendar days from the day the decision became a
Reserved Decision;
(b) in  all  other  cases:  60  calendar  days  from  the  day  the  decision
became a Reserved Decision.
e.  In paragraph 2.1(6):
i.  for  ‘China  List,  India  List,  Malaysia  List,  Vietnam  List,  Africa,
Americas,  Middle  East  and  South  Asia  Countries  List,  All  Other
Countries  List’,  substitute  ‘China  List,  India  List,  Malaysia  List,
Vietnam  List,  Saharan  and  Sub-Saharan  Africa  List,  Middle  East,

North  Africa  and  Americas  List,  South  Asia  List,  Pacific  and  Other
Countries List.’
ii.  for  ‘Reserved  Decision.’  in  subparagraph  (b),  substitute  ‘Reserved
Decision;’
3.  The above amendments to the provisions of the Performance Standard Guideline dated 14
October  2025  do  not  affect  the  validity  of  any  act  done  in  accordance  with  those
provisions prior to their amendment by the Performance Standard Guideline Amendment
No 1 of 2025.

Dated: 13 June 2025

The Hon Justice Kyrou AO

Administrative Review Tribunal Performance
Standard for Non-Judicial Members
Amendment No. 3 of 2025
I, the  Hon  Justice  Emilios  Kyrou  AO,  President  of the  Administrative  Review  Tribunal,
make the following assignment.
Dated  13 June 2025
THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Administrative Review Tribunal Performance Standard for Non-Judicial Members

Amendment No. 3 of 2025

Table of contents
1
Name .................................................................................................................................................... 3
2
Commencement .................................................................................................................................... 3
3
Authority .............................................................................................................................................. 3
4
Amendment .......................................................................................................................................... 3

Administrative Review Tribunal Performance Standard for Non-Judicial Members

Amendment No. 3 of 2025

1
Name
This instrument is the Administrative Review Tribunal Performance Standard for Non-
Judicial Members Amendment No. 3 of 2025.
2
Commencement
This instrument commences on, and has effect from, the date it is signed.
3
Authority
This instrument is made under subsection 202(1) of the Administrative Review
Tribunal Act 2024.
4
Amendment
(1)
The Administrative Review Tribunal Performance Standard for Non-Judicial
Members, as currently in force, is amended as follows:
(a)
The definition of ‘Maximum Period’ in paragraph 2.1 is amended by
inserting a full colon after the word ‘means’ and inserting the following
between the full colon and the words ‘the period’:
(a)  in relation to character cases in the Character and Citizenship List
that are subject to a statutory time limit where a Statement of
Reasons is not given to the parties at the same time as the
decision:
(i)  if the decision is given before 1 July 2025—42 calendar
days from the giving of the decision (being 3 times the
number of days which constitute the Applicable Decision
Delivery Benchmark); or
(ii)  if the decision is given on or after 1 July 2025—21 calendar
days from the giving of the decision;
(b)  in relation to social security cases decided on first review—60
calendar days after a decision becomes a Reserved Decision; and
(c)  in relation to all other cases—
(b)
The words ‘, as in force from time to time,’ in the note to the definition of
‘Member’s List Leader’ are substituted for ‘No. 1 of 2024’.
(c)
The following is inserted after paragraph 14.1:
14.2  In the period from 13 June 2025 until 25 July 2025, the President’s
power to grant an adjustment in respect of a Member under the
Standard may be exercised by either the President or the Member’s
JAL.
(2)
The amendments to provisions of the Administrative Review Tribunal
Performance Standard for Non-Judicial Members, as currently in force, in this
instrument do not affect the validity of any act done in accordance with those
provisions prior to their amendment by this instrument.

Administrative Review Tribunal Performance Standard for Non-Judicial
3
Members Amendment No. 3 of 2025

Administrative Review Tribunal Performance Standard for Non-Judicial
4
Members Amendment No. 3 of 2025

s 47C

Administrative Review Tribunal (Performance
Standard Guideline) Direction 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
1  Name ...................................................................................................................................... 1
2  Commencement ..................................................................................................................... 1
3  Authority ................................................................................................................................ 1
4  Definitions ............................................................................................................................. 1
5  Direction ................................................................................................................................ 1

Administrative Review Tribunal (Performance Standard Guideline) Direction
i
2024

1 Name

  This instrument is the Administrative Review Tribunal (Performance Standard
Guideline) Direction 2024.
2 Commencement

  This instrument commences on, and has effect from, the date it is signed.
3 Authority

  This instrument is made under subsection 200(1) of the Administrative Review
Tribunal Act 2024.
4 Definitions
Note:
The following expressions used in this instrument are defined in section 4 of the Act:
(a)   non-judicial member;
(b)  performance standard;
(c)  Tribunal.
.

  In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Administrative Review Tribunal Performance Standard for Non-Judicial
Members means the performance standard determined under subsection 202(1)
of the Act.
serious breach has the same meaning as in subsection 221(2) of the Act.
5  Direction

  Pursuant to subsection 200(1) of the Act, and for the purposes of complying with
the Administrative Review Tribunal Performance Standard for Non-Judicial
Members, non-judicial members must familiarise themselves with the provisions
of the Tribunal’s Performance Standard Guideline published on 14 October
2024, and comply with those provisions.
Note 1:
The President may give a written direction under subsection 200(1) of the Act to a non-
judicial member relating to the performance of the member’s duties.
Note 2:
Pursuant to section 203 of the Act, the President may investigate the conduct of a non-
judicial member including conduct that may constitute a breach of the performance
standard and take one or more of the actions specified in subsection 203(2).
Note 3:
Pursuant to paragraph 221(1)(g) of the Act, the appointment of a non-judicial member
may be terminated if the member engages in conduct that constitutes a serious breach
of the performance standard.

Administrative Review Tribunal (Performance Standard Guideline) Direction
1
2024

Administrative Review Tribunal
Code of Conduct for Non-Judicial Members
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, determine the
following Code of Conduct under section 201 of the Administrative Review Tribunal Act 2024.
Dated

The Hon Justice Emilios Kyrou AO
President

1

ADMINISTRATIVE REVIEW TRIBUNAL
CODE OF CONDUCT
TABLE OF CONTENTS
CHAPTER 1: OBLIGATIONS .............................................................................................. 4
Part 1.
Introduction ................................................................................................................... 4
Part 2.
Definitions and Application .......................................................................................... 5
Part 3.
Compliance with the law and directions by the President ............................................. 7
Part 4.
Integrity ......................................................................................................................... 8
Part 5.
Independence and conflicts of interest .......................................................................... 9
Part 6.
Impartiality .................................................................................................................. 10
Part 7.
Confidentiality ............................................................................................................. 11
Part 8.
Plagiarism .................................................................................................................... 12
Part 9.
Improper use of Generative AI .................................................................................... 12
Part 10.
Social Media and Public Activities ............................................................................. 13
Part 11.
Membership of a regulated profession ........................................................................ 14
Part 12.
Courtesy and respect ................................................................................................... 14
Part 13.
Sexual harassment ....................................................................................................... 15
Part 14.
Bullying ....................................................................................................................... 16
Part 15.
Discrimination ............................................................................................................. 17
Part 16.
Violence ...................................................................................................................... 18
Part 17.
Victimisation ............................................................................................................... 18
CHAPTER 2: ACTION REGARDING MEMBERS UPHOLDING THE CODE ......... 20
Part 18.
Overview ..................................................................................................................... 20
Division A: Action to assist Members to uphold the Code ................................................. 20
Part 19.
Education and training ................................................................................................ 20
Division B: Action in relation to a Member who may not uphold the Code .................... 20
Part 20.
Introduction ................................................................................................................. 20
Part 21.
Process for dealing with possible breaches of the Code.............................................. 22
Part 22.
General ........................................................................................................................ 25

2

CHAPTER 1: OBLIGATIONS

Part 1.
Introduction
1.1  This  Code  of  Conduct  (Code)  is  determined  and  published  by  the  President  under
section 201  of  the  Administrative  Review  Tribunal  Act  2024  (Act).  The  Code  is  for
general members, senior members and Non-Judicial Deputy Presidents (each a Member)
of the Administrative Review Tribunal (Tribunal).
1.2  This Code has effect from the date it is signed.
1.3  The Code is an important means by which the Tribunal pursues the objective in section 9
of the Act, which provides as follows:
The Tribunal must pursue the objective of providing an independent mechanism
of review that:
(a)
is fair and just; and
(b)
ensures that applications to the Tribunal are resolved as quickly, and with
as little formality and expense, as a proper consideration of the matters
before the Tribunal permits; and
(c)
is accessible and responsive to the diverse needs of parties to proceedings;
and
(d)
improves  the  transparency  and  quality  of  government  decision-making;
and
(e)
promotes public trust and confidence in the Tribunal.
1.4  Section  10  of  the  Act  provides  that  the  Tribunal  consists  of  the  President,  Deputy
Presidents, senior members and general members. Accordingly, the Tribunal’s objective
provides  important  statutory  context  for  the  framing  of  obligations  for  Members  for
inclusion in the Code.
1.5  The Code contains  the normative standards  of conduct  expected of a  Member. Where
Members meet these standards, the Tribunal will be able to achieve its statutory objective
and  maintain  the  public’s  trust  and  confidence.  Where  Members  do  not  meet  these
standards, the Tribunal’s ability to achieve its statutory objective may be compromised
and the public’s trust and confidence in the Tribunal may be undermined. Compliance
with the Code will also assist Members in discharging their oath or affirmation of office
under section 213(2) of the Act that they will well and truly serve in the office, and do
right to all manner of people according to law without fear or favour, affection or ill-will.
4

1.6  Section 201(2) of the Act stipulates that the Code must provide for the taking of action
by the President or a jurisdictional area leader (JAL) in relation to Members upholding
the Code. The action to which section 201(2) refers may be action to assist Members to
uphold the Code as well as action where Members may have breached the Code.
1.7  Parts 3 to 17 in Chapter 1 set out the minimum standards of conduct with which Members
must comply under the sub-heading ‘Obligations’. The ‘Preamble’ in each of those parts
does not form part of the obligations, but serves to provide context for the obligations
that follow the Preamble.
1.8  Chapter 2 sets out provisions for the taking of action in relation to Members upholding
the Code, including the process for dealing with possible breaches of the Code.
1.9  As  discussed  in  Division  B  of  Chapter  2,  the  President  may  take  certain  action  if  the
President  forms  the  opinion  that  a  Member  may  have  engaged  in  conduct  that  may
constitute  a  breach  of  the  Code,  including  investigating  the  conduct.  If  a  Member’s
conduct  constitutes  a  serious  breach  of  the  Code,  the  Governor-General  may,  on  the
recommendation of the Attorney-General, terminate the appointment of the Member.
1.10  It  follows  that,  apart  from  establishing  a  normative  standard  of  conduct,  the  Code  is
important because of the potentially serious consequences of a breach of the Code.
1.11  The Code applies in  addition  to,  and not  in  place of, any legal  obligations  to  which  a
Member is subject, including those in the Act.
Part 2.
Definitions and Application
2.1  In this Code, the following definitions apply in addition to those set out in Part 1:
Corrupt Conduct has the same meaning as in the National Anti-Corruption Commission Act
2022.
Generative AI means a system of artificial intelligence that is capable of generating ‘content’,
such as text, images or music in response to prompts and includes, but is not limited to: Google
Translate, ChatGPT, Gemini (formerly known as Bard) and DALL-E.
Political Party has the same meaning as in the Commonwealth Electoral Act 1918.
Public  Activity  means  any  activity  by  a  Member,  other  than  in  the  performance  of  the
Member’s  functions  in  relation  to  a  proceeding  before  the  Tribunal,  which  can  be  heard,
observed  or  accessed  by  members  of  the  public  or  a  Section  of  the  Public,  and  includes  a
Member:
(a)
participating in discussions or debates to which the public or a Section of the
Public can have access;
(b)
publishing writings to the public or a Section of the Public;
5

(c)
writing for publications, including newspapers and websites to which the public
or a Section of the Public can have access;
(d)
appearing or featuring in television, radio or other media to which the public or
a Section of the Public can have access;
(e)
teaching in a school, university or other educational institution; and
(f)
speaking  at,  or  submitting  documents  to,  conferences  or  events  to  which  the
public or a Section of the Public can have access.
Registered Migration Agent means an individual who is listed as a registered migration agent
in the Register of Migration Agents kept by the Office of the Migration Agents Registration
Authority in accordance with the Migration Act 1958.
Representative  means  a  person who  is  entitled to  represent  a party or person  in  accordance
with section 66 of the Act.
Rules has the same meaning as in the Act.
Salaried Member has the same meaning as in the Act.
Section of the Public does not include a group of people where (i) membership of the group is
predetermined or is only by invitation or can otherwise be controlled by the Member and (ii)
where communications within the group are kept private and confidential. Without limiting the
generality of the above, a Section of the Public does not include:
(a)
members and staff members of the Tribunal;
(b)
members of the Member’s family; or
(c)
friends of the Member.
Social  Media  means  technology  applications,  platforms  and  websites  which  allow  users  to
interact with each other and give, receive, exchange and display information about themselves
and others, including but not limited to Facebook, X (formerly known as Twitter), YouTube,
Instagram, LinkedIn and TikTok.
staff member has the same meaning as in the Act.
Tribunal Case Event has the same meaning as in the Act.
2.2
Each of the prohibitions in [13.1], [14.1], [15.1], [16.1], and [17.1] applies to a Member:
(a)
undertaking any work-related activities, including when interacting with other
members (judicial as well as non-judicial members), staff or other persons who
engage  with  the  Tribunal  (whether  as  parties,  Representatives,  witnesses,
interpreters or in any other capacity);
6

(b)
whether working at the Tribunal or from another location (including from home
or while travelling for work);
(c)
attending work-related events such as conferences, training programs or social
functions (regardless of whether they occur during normal work hours or outside
normal work hours);
(d)
engaging in professional support of staff and other members (judicial as well as
non-judicial members), for example in the role of a mentor or referee; and
(e)
participating as a member of a committee or a working group.
Part 3.
Compliance with the law and directions by the President
Preamble
It is essential that Members comply with conduct obligations under the Act and with written
directions  given  by  the  President  under  section  200(1)  relating  to  the  performance  of  their
duties. The Code adopts the conduct requirements imposed on Members by the Act in relation
to other paid work, appearances before the Tribunal, disclosure of interests and non-disclosure
of  Tribunal  information.  The  Code  also  requires  compliance  with  written  directions  by  the
President  under  section  200(1).  Any  issue  of  contravention  of  these  statutory  obligations  or
directions can be dealt with as a possible breach of the Code. Compliance with other laws is
also crucial because a breach of the law by a Member can damage the reputation of the Tribunal
and  compromise  the  public’s  trust  and  confidence  in  the  Tribunal,  thus  undermining  the
objective in section 9 of the Act. It is vital that Members uphold the Code.
Obligations
3.1  A Member must comply with the Member’s obligations under the following provisions
of the Act: section 216 (other paid work), section 217 (appearances before Tribunal) and
section 218 (disclosure of interests).
3.2  Where the President gives a written direction under section 200(1) of the Act to a Member
relating to the performance of the Member’s duties, the Member must comply with the
direction.
3.3  A Member must not engage in conduct which constitutes a criminal offence for which a
sentence of imprisonment is available.
3.4  A Member must not engage in Corrupt Conduct.
3.5  A Member must inform the President if the Member is charged with any criminal offence
within 5 business days of being notified of the charge.
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Part 4.
Integrity
Preamble
In  order  to  maintain  the  public’s  trust  and  confidence  in  the  Tribunal,  it  is  imperative  that
Members are honest and ethical, and can be trusted.
Obligations
4.1  A Member  must not  use the  Member’s  position  as a  Member  to  improperly obtain or
seek to obtain benefits, preferential treatment or advantage for the  Member or for any
other person or body.
4.2  Without limiting [4.1], a Member must not improperly seek, solicit, accept or retain gifts
or benefits in relation to the performance of the Member’s Tribunal functions, such as
gifts  or  benefits  from  a  party,  Representative,  witness  or  interpreter  involved  in  a
Tribunal proceeding.
4.3  Unless prohibited by law, a Member must inform the President if the Member is, or is
about to become, a defendant or respondent to a proceeding in any court or tribunal in
their capacity as a Member or in any other capacity. The Member must do so within 5
business days of becoming aware that the Member is, or is about to become, a defendant
or respondent to such a proceeding.
Note: The obligation in [4.3] does not apply where a Member is named as a respondent to an
appeal or a judicial review proceeding against a Tribunal decision made by the Member.
4.4  A Member must not knowingly use Tribunal resources for a purpose that is unconnected
with the Member’s Tribunal functions.
4.5  A  Member  must  not  knowingly  take  advantage  of,  or  benefit  from,  information  not
generally available to the public that is obtained in the course of the performance of the
Member’s Tribunal functions.
4.6  A  Member  must  perform  the  Member’s  Tribunal  functions  unimpaired  by  alcohol  or
drugs.
4.7  Except where expressly permitted by the Member’s terms and conditions of appointment,
a  Member  must  not  commence  any  leave  (whether  paid  or  unpaid)  without  obtaining
prior approval to do so, unless due to an emergency or other reasonable cause the Member
is unable to obtain prior approval.
Note:   Section 221(1) of the Act provides for termination of the appointment of a Member who
is absent, except on leave of absence, for more than a certain number of days.
8

Part 5.
Independence and conflicts of interest
Preamble
Under section 9 of the Act, the Tribunal must pursue the objective of providing an independent
mechanism of review. Members are only able to perform their statutory functions in accordance
with section 9, their oath or affirmation of office and the community’s expectations if they are
free of any loyalties, duties or interests that might inappropriately influence or interfere with
the performance of those functions.
The appropriate disclosure, management and avoidance of conflicts  of interest  by Members
enhances the public’s trust and confidence in the independent mechanism of review provided
by the Tribunal.
The following obligations are additional to the obligations in Part 3 and under the following
provisions of the Act: section 216 (other paid work), section 217 (appearances before Tribunal)
and section 218 (disclosure of interests).
Obligations
5.1  Where,  to  the  extent  permitted  to  do  so  in  accordance  with  section  216  of  the  Act,  a
Member engages in a professional practice (whether in a paid capacity or as a volunteer)
in addition to being a Member, the Member cannot:
(a)
advise  or  act  for  individuals  or  bodies  concerning  Tribunal  proceedings  or
potential proceedings involving those individuals or bodies;
(b)
act for or against or provide services to individuals or bodies who are litigants
before them in the Tribunal, except to the extent that the Member is permitted
to do so in accordance with section 217 of the Act; or
(c)
advise or act for any party in an appeal or judicial review proceeding against a
Tribunal decision made  by another member,  where the party to  the appeal  or
judicial review proceeding was a party in the Tribunal proceeding giving rise to
the Tribunal decision or whose rights or interests are affected by the Tribunal
decision.
Note:   An example of where the obligation in [5.1(c)] might apply is where a Member
who engages in a professional practice receives instructions to advise or act for
the  Secretary  of  the  Department  of  Social  Services  in  an  appeal  or  judicial
review proceeding involving a Tribunal decision in which the Secretary was a
party  (whether  or  not  the  Member  is  assigned  to  the  social  security
jurisdictional area).
5.2  Except with the written approval of the President, a Member must not be a Registered
Migration Agent.
9

5.3  Except with the written approval of the President, a Member must not have a pecuniary
interest  in  an  immigration  advisory  service,  whether  or  not  that  service  is  conducting
business or is dormant.
5.4  Except with the written approval of the President, a Member who is a Salaried Member
must not have a pecuniary interest in a legal firm, whether or not that firm is conducting
business or is dormant.
5.5  Except with the written approval of the President, a Member must not advise or act for
any Commonwealth tax or revenue authority.
5.6  A Member who practises as a principal or employee of a legal firm must not have any
involvement in any matters before the Tribunal in respect of which that firm is providing
legal services.
5.7  Save in exceptional circumstances and only to the extent necessary, a Member must not
have private  communications with  a party or representative of a party involved in  the
hearing  of  an  application  for  review  by  the  Member  (other  than  when  conducting  the
hearing with only one—or only some—of the parties present or is consistent with the Act
and the Tribunal’s usual practices and procedures), while the application for review is
being determined by the Member, or the Member’s decision is reserved.
Part 6.
Impartiality
Preamble
In  accordance  with  section 213(2)  of  the  Act,  when  a  Member  takes  an  oath  or  makes  an
affirmation, the Member promises to ‘do right to all manner of people according to law without
fear or favour, affection or ill-will’.
The  involvement  of  a  Member  in  Political  Party  activities  which  are  public  in  nature  can
damage the reputation of the Tribunal and compromise the public’s trust and confidence in the
Tribunal, thus undermining the objective in section 9 of the Act.
Obligations
6.1  Without limiting Part 10, a Member must not engage in any activity involving a Political
Party which can be heard, observed or accessed by members of the public or a Section
of the Public where, because of the nature or purpose of the activity, the identity of other
persons engaging in that activity or for any other reason, there is a reasonable prospect
that the Member’s engagement in the activity will:
(a)
detract  from  the  Member’s  impartiality  or  independence  as  a  member  of  the
Tribunal;
(b)
detract from the independence of the mechanism of review established by the
Act; or
10

(c)
damage public trust and confidence in the Tribunal.
Note 1: The President may provide guidelines identifying the types of activities falling
within or outside the obligation in [6.1].
Note  2:  If  a  Member  is  uncertain  about  whether  engagement  in  a  proposed  activity
would  contravene  the  obligation  in  [6.1],  the  Member  may  seek  guidance  from  the
President in relation to the proposed activity.
6.2  A Member must not nominate for election as a member of the Commonwealth or a State
or Territory Parliament or as a local councillor while they are a member of the Tribunal.
6.3  A  Member  must  not  support  any  candidate  for  election  as  a  member  of  the
Commonwealth or a State or Territory Parliament or as a local councillor  in a manner
that can be heard, observed or accessed by members of the public or a Section of the
Public.
Part 7.
Confidentiality
Preamble
While  undertaking  Tribunal  work,  Members  will  come  into  contact  with  confidential  and
sensitive  information  provided  to  the  Tribunal  by  parties  and  others.  Failing  to  keep  such
information  confidential  can  damage  the  reputation  of  the  Tribunal  and  compromise  the
public’s trust and confidence in the Tribunal, thus undermining the objective in section 9 of the
Act.
Obligations
7.1  A  Member  must  ensure  that  any  confidential  material  provided  to  the  Member  in  the
course of the Member’s Tribunal work is kept confidential.
7.2  A Member must not disclose any confidential information obtained in connection with
the performance of the Member’s functions, unless the disclosure is made:
(a)
where the person from whom the information was obtained can lawfully consent
to the information being disclosed - with the consent of that person;
(b)
for  the  purpose  of  the  administration  or  execution  of  the  Act  or  any  other
legislation conferring jurisdiction on the Tribunal;
(c)
for  the  purpose  of  any  legal  proceedings  arising  from  the  Act  or  any  other
legislation  conferring  jurisdiction  on  the  Tribunal  or  of  any  report  of  such
proceedings; or
(d)
with any other lawful excuse.
11

7.3  If a Member is authorised to work from home, the Member must ensure that the working
from  home  environment  is  secure,  both  in  terms  of  physical  security  as well  as  cyber
security, and capable of preventing unauthorised access to information.
Part 8.
Plagiarism
Preamble
Plagiarism by a Member can damage the Tribunal’s reputation for high quality and independent
decision-making  and  compromise  the  public’s  trust  and  confidence  in  the  Tribunal,  thus
undermining the objective in section 9 of the Act.
Obligations
8.1  A Member must attribute any sources of information used in a decision of the Member
(other than evidence, information and submissions presented by the parties) if failure to
do so would create a false or misleading impression that the analysis and reasoning in the
decision represents the original thinking of the Member.
Note 1:   The obligation in [8.1] does not require a Member to attribute information sourced
from standard template paragraphs (such as a paragraph summarising a provision of
a statute) which the President or a JAL has authorised members to use.
Note 2:   The obligation in [8.1] does not apply to a source which the Member is prohibited by
law from disclosing.
Note 3:   Although  the  obligation  in  [8.1]  does  not  require  a  Member  to  attribute  evidence,
information  and  submissions  presented  by  the  parties,  depending  on  the
circumstances some form of attribution may be required by law in order to adequately
and transparently explain the Member’s reasons for a decision.
Part 9.
Improper use of Generative AI
Preamble
Generative AI is a rapidly developing technology which presents some unique and evolving
challenges. While Generative AI may be useful as a research tool, there are issues regarding its
accuracy as well as the extent to which information entered into Generative AI applications is
kept  confidential  and  secure.  Like  every  research  tool,  research  produced  by  Generative  AI
requires careful checking to ensure it is accurate.
Members should be mindful that they do not compromise the confidentiality of information by
entering sensitive information into Generative AI applications.
Members should also be aware that they are required  personally to make the decision when
they hear an application for review. Using Generative AI to obtain guidance on the outcome of
a proceeding or to produce parts of the Member’s reasons for a decision has the potential to
compromise this fundamental function and undermine the objective in section 9.
12

Obligations
9.1  A Member must not use Generative AI to obtain guidance on the outcome of a proceeding,
to  produce  any  part  of  the  Member’s  reasons  for  a  decision  or  to  obtain  any  form  of
feedback or  assistance on any part of the Member’s reasons  for  a decision which the
Member has already prepared.
9.2  A Member must not enter any Tribunal information, data or records, including case or
party  data,  emails,  reports,  chat  logs,  code  and  system  errors,  into  any  Generative  AI
application.
9.3  Where a Member uses  Generative AI as a general research tool without  breaching the
obligations  in  [9.1]  and  [9.2],  the  Member  must  check  any  research  generated  by
Generative AI and verify its accuracy before relying on that research.
Part 10.
Social Media and Public Activities
Preamble
Public Activities by Members can be appropriate if they inform the public of the Tribunal’s
role  in  the  Commonwealth  system  of  administrative  review.  However,  Members  should  be
mindful that,  when they participate in  any  Public Activity, their views  may be  (correctly or
incorrectly)  attributed  to  the  Tribunal,  which  may  affect  the  way  in  which  the  Tribunal  is
viewed by the public.
Members should be mindful not to post anything on Social Media which might damage the
integrity  or  independence  of  the  Tribunal,  and  thus  compromise  the  public’s  trust  and
confidence in the Tribunal and undermine the objective in section 9 of the Act.
Members should treat anything that they publish on Social Media as being able to be accessed
publicly and permanently.
Obligations
10.1  Without limiting Part 6, a Member must not engage in a Public Activity where, because
of  the  nature  or  purpose  of  the  activity,  the  identity  of  other  persons  engaging  in  that
activity  or  for  any  other  reason,  there  is  a  reasonable  prospect  that  the  Member’s
engagement in the activity will:
(a)
detract  from  the  Member’s  impartiality  or  independence  as  a  member  of  the
Tribunal;
(b)
detract from the independence of the mechanism of review established by the
Act; or
(c)
damage public trust and confidence in the Tribunal.
Note 1:   The President may  provide guidelines identifying types of  Public Activities falling
within or outside the obligation in [10.1].
13

Note 2:   If  a  member is uncertain about  whether  engagement in  a  proposed  Public  Activity
would contravene the obligation in [10.1], the Member may seek guidance from the
President in relation to the proposed Public Activity.
10.2  A Member must not purport to represent the views of the Tribunal in a Public Activity
or on Social Media without the prior written approval of the President.
10.3  Once reasons for a Member’s decision have been finalised and given to the parties, the
Member must not make  any comments  on the reasons  in  a manner that can be heard,
observed or accessed by members of the public or a Section of the Public.
Note:   The obligation in [10.3] does not apply to the preparation of an accurate summary of a
decision.
10.4  A Member must not, in participating in a Public Activity, criticise the Tribunal, a member
of the Tribunal (judicial as well as non-judicial) or any Tribunal decision.
10.5  A  Member  must  not  publish  anything  on  Social  Media  that  criticises  the  Tribunal,  a
member of the Tribunal (judicial as well as non-judicial) or any Tribunal decision.
10.6  A  Member  must  not  publish  anything  on  Social  Media  that  is  offensive,  insulting,
humiliating or degrading towards any person or groups of people.
Part 11.
Membership of a regulated profession
Preamble
Members of the Tribunal who are also members of a regulated profession, whether or not the
profession  is  regulated  by  a  government  body  or  a  private  body,  should  adhere  to  the
requirements of that regulatory body. A failure to adhere to the requirements of that regulatory
body  may  compromise  the  public’s  trust  and  confidence  in  the  Tribunal  and  undermine  the
objective in section 9 of the Act.
Obligations
11.1  If a Member is a member of a regulated profession (such as the legal profession or the
healthcare profession), the Member must not engage in any conduct which results in a
regulatory  body  for  that  profession  imposing  upon  the  Member  a  reprimand,  fine,
suspension, restriction on the right to engage in that profession or any other sanction.
Part 12.
Courtesy and respect
Preamble
A Member should be courteous and respectful to everyone with whom the Member interacts
in  the  capacity  as  a  Member.  Courtesy  and  respect  by  Members  enhance  the  Tribunal’s
reputation and bolster its standing in the community.
14

Obligations
12.1  A Member must ensure that the Member’s communications with, and behaviour towards,
other members (judicial as well as non-judicial), staff and other persons who engage with
the Tribunal (whether as parties, Representatives, witnesses, interpreters or in any other
capacity) are courteous and respectful, and that the Member avoids offensive language
or conduct.
Part 13.
Sexual harassment
Preamble
The Tribunal has no tolerance for sexual harassment. All members (judicial as well as non-
judicial),  staff  and  other  persons  who  engage  with  the  Tribunal  (whether  as  parties,
Representatives, witnesses, interpreters or in any other capacity) have a right to be free from
sexual harassment.
A Member should be mindful of how factors such as gender and power imbalances between
Members and staff can impact on how people respond to unwelcome sexual advances.
Obligations
13.1  A Member must not:
(a)
make  an  unwelcome  sexual  advance,  or  an  unwelcome  request  for  sexual
favours, to another person; or
(b)
engage  in  other  unwelcome  conduct  of  a  sexual  nature  in  relation  to  another
person;
in circumstances in which a reasonable person, having regard to all the circumstances,
would  have  anticipated  the  possibility  that  the  other  person  would  be  offended,
humiliated or intimidated
(collectively ‘Sexual Harassment’).
13.2  For the purposes of [13.1], the circumstances to be taken into account include, but are
not limited to, the following:
(a)
the  age,  sex,  sexual  orientation,  gender  identity,  intersex  status,  marital  or
relationship status, religious belief, race, colour, or national or ethnic origin, of
the person harassed;
(b)
the  relationship  between  the  person  harassed  and  the  person  who  made  the
advance or request or who engaged in the conduct;
(c)
any disability of the person harassed; and
(d)
any other relevant circumstance.
15

13.3  For  the  purposes  of  [13.1]  and  [13.2],  conduct  of  a  sexual  nature  includes  making  a
statement  of  a  sexual  nature  to  a  person,  or  in  the  presence  of  a  person,  whether  the
statement is made orally or in writing.
13.4  For  the  purposes  of  [13.1]  and  [13.2],  the  motivation  or  intention  of  the  Member  is
irrelevant.
13.5  Examples of Sexual Harassment include, but are not limited to:
(a)
unwelcome physical contact of a sexual nature;
(b)
comments or questions of a sexual nature about a person’s private life or their
appearance;
(c)
sexually suggestive behaviour, such as leering or staring or offensive gestures;
(d)
brushing up against someone, touching, fondling or hugging;
(e)
sexually suggestive comments or jokes;
(f)
displaying offensive screen savers, photographs, calendars or objects;
(g)
repeated dating requests;
(h)
unwanted displays or declarations of affection;
(i)
requests for sex;
(j)
sexually explicit emails, text messages or posts on social networking sites and
Social Media;
(k)
sexual assault, indecent exposure, physical assault and stalking; and
(l)
actions or comments of a sexual nature in a person’s presence.
Part 14.
Bullying
Preamble
Bullying undermines collegiality in the workplace and is unacceptable. The Tribunal does not
tolerate Members bullying other members (judicial as well as non-judicial), staff or any other
persons  who  engage  with  the  Tribunal  (whether  as  parties,  Representatives,  witnesses,
interpreters or in any other capacity).
A Member should be mindful of how factors such as the unique position of power that members
occupy towards other persons who engage with the Tribunal can impact those persons.
16

Obligations
14.1  A  Member  must  not  engage  in  conduct  towards  other  members  (judicial  as  well  non-
judicial), staff or any other persons who engage with the Tribunal (whether as  parties,
Representatives,  witnesses,  interpreters  or  in  any  other  capacity),  which  a  reasonable
person would, having regard to all the circumstances, perceive as belittling, humiliating,
insulting, victimising, aggressive or intimidating.
14.2  For  the  purposes  of  [14.1],  what  is  reasonable  is  to  be  assessed  with  regard  to  the
following factors:
(a)
the functions of the Member;
(b)
the subject or target of the conduct;
(c)
the tone or nature of the conduct;
(d)
whether the conduct is momentary or sustained;
(e)
the  location,  including  the  jurisdiction  and  type  of  application  for  review  in
which the conduct occurs; and
(f)
the overall context of the conduct.
14.3  For the avoidance of doubt, the prohibition in [14.1] extends to conduct by a Member
towards other members (judicial as well non-judicial), staff and any other persons who
engage with the Tribunal (whether as parties, Representatives, witnesses, interpreters or
in any other capacity), during the course of a Tribunal Case Event.
Part 15.
Discrimination
Preamble
The  Tribunal  does  not  tolerate  unlawful  discrimination.  Every  individual  who  works  at  the
Tribunal or engages with it is entitled to be treated no less favourably than others due to the
individual’s personal attributes.
Obligations
15.1  A Member must not treat any other member (judicial as well as non-judicial members),
staff  or  any  other  person  who  engages  with  the  Tribunal  (whether  as  a  party,
Representative,  witness,  interpreter  or  in  any  other  capacity)  less  favourably  on  the
ground of, or because of, that person’s:
(a)
gender identity;
(b)
sex;
(c)
sexual orientation;
17

(d)
physical or mental disability;
(e)
age;
(f)
marital or relationship status;
(g)
national or ethnic origin;
(h)
religion;
(i)
race, colour or descent; or
(j)
family or carer responsibilities.
Note:   The obligation in [15.1] is subject to any contrary provision in the law the Member is
required to apply in performing the Member’s functions.
15.2  A  Member  must  not  impose  a  requirement  or  practice  which  (unreasonably  in  all  the
circumstances) disadvantages one group of persons more than another by reason of one
or more of the grounds listed in [15.1(a)] to [15.1(j)] above.
Part 16.
Violence
Preamble
The Tribunal does not tolerate Members engaging in violence towards any person with whom
the Member interacts at the Tribunal.
Obligations
16.1  A Member must not engage, or threaten to engage, in any act of violence towards other
members  (judicial  as  well  as  non-judicial  members),  staff  or  any  other  persons  who
engage with the Tribunal (whether as parties, Representatives, witnesses, interpreters or
in any other capacity).
Part 17.
Victimisation
Preamble
In order to ensure the integrity of this Code, it is important that a Member does not take adverse
action against any person who raises an allegation that the Member has breached the Code or
otherwise made a complaint.
Obligations
17.1  A  Member  must  not  subject,  or  threaten  to  subject,  another  person  to  any  detriment
(‘victimise’) because:
(a)
the person has made an allegation that the Member has:
18

(i)
engaged in sexual harassment;
(ii)  engaged in bullying;
(iii)  engaged in discrimination;
(iv)  engaged in an act of violence; or
(v)
otherwise breached the Code;
(b)
the  Member  believes  that  the  person  has  made  an  allegation  referred  to  in
[17.1(a)] or will make such an allegation;
(c)
the  person  has  assisted  someone  else  to  make  an  allegation  referred  to  in
[17.1(a)];
(d)
the  person  gave  or  will  give  evidence  or  information  in  support  of  another
person’s allegation referred to in [17.1(a)]; or
(e)
the person has refused to do some act which would amount to victimisation of
another person who has made an allegation referred to in [17.1(a)].

19

CHAPTER 2: ACTION REGARDING MEMBERS UPHOLDING
THE CODE
Part 18.
Overview
18.1
Section 201(2) of the Act provides that the Code must make provision for the taking of
action by the President or a JAL in relation to Members upholding the Code.
18.2
The action dealt with by Chapter 2 falls into two broad categories. The first category is
action to assist Members to uphold the Code, which is dealt with in Division A. The
second category is action in relation to a Member who may not uphold the Code, which
is dealt with in Division B.
Division A: Action to assist Members to uphold the Code
Part 19.
Education and training
19.1
The  Tribunal’s  induction,  education  and  training  programs  will  include  sessions  to
inform  Members  of  the  contents  of  the  Code  and  the  types  of  conduct  which  would
breach the Code and therefore must be avoided. The sessions will also inform Members
of the consequences of not upholding the Code and the procedures to be followed to
deal with possible breaches of the Code.
Division B: Action in relation to a Member who may not uphold
the Code
Part 20.
Introduction
20.1
Under  section 193(d)  of  the  Act,  the  President’s  functions  include  ‘to  manage  the
performance and conduct of [M]embers’. Under section 200(1) of the Act, the President
may give a written direction to a Member relating to the performance of the Member’s
duties.1
20.2
Section 197(5)(d) of the Act provides that the functions of a JAL include ‘to assist the
President  to  manage  the  performance  and  conduct  of  [M]embers  assigned  to  the
jurisdictional area’ of the JAL. Section 195(1)(b) provides that the functions of a senior
member include ‘to assist each [JAL] of each jurisdictional area to which the senior
member has been assigned in the performance of the [JAL’s] functions’.

1
Under section 200(3) of the Act, the President’s direction must not relate to a particular proceeding. This
means, for example, that the President cannot direct a Member about the outcome of a proceeding.
20

20.3
Under section 203 of the Act, if the President forms the opinion that a Member may
have engaged in conduct that may constitute a breach of the Code, the President may
take the following action:
(a)
under section 203(2):
(i)
investigate the Member’s conduct;
(ii)  report on an investigation of the Member’s conduct;
(iii)  deal with a report of an investigation of the Member’s conduct;
(iv)  refer the Member’s conduct to a person or body;
(v)
direct a person or body to investigate the Member’s conduct;
(vi)  authorise, in writing, a person or body to do any of the above;
(vii)  take any measures in relation to the Member that the President believes
are  reasonably  necessary  to  maintain  public  trust  and  confidence  in  the
Tribunal; or
(viii) take no action or no further action in relation to the Member’s conduct.
(b)
under section 203(3): temporarily restrict the Member’s duties if the President
reasonably believes that doing so is in the public, or the Tribunal’s, interest.
20.4
Action under section 203 of the Act relating to Members upholding the Code will be
taken by:
(a)
the President;
(b)
a  delegate  of  any  powers  under  section  203  that  have  been  delegated  by  the
President in accordance with section 279; or
(c)
a person authorised by the President or a delegate for the purposes of section
203(2)(a)(vi).
Note:   Section 279 does not permit the President to delegate certain functions, including those
under sections 200 (President may give directions to members), 201 (code of conduct),
202 (performance standard), 203(3) (President may restrict member’s duties) and 222
(President must notify Minister about grounds for termination).
20.5
References to the President in the paragraphs that follow include:
(a)
a delegate of the President to the extent that a delegation permitted by section
279 of the Act has been made; and
21

(b)
a person who is  authorised by the President or a delegate for the purposes  of
section 203(2)(a)(vi).
20.6
Under section 221(1) of the Act, the Governor-General may, on the recommendation
of  the  Attorney-General,  terminate  the  appointment  of  a  Member  on  a  number  of
grounds,  including  on  the  ground  that  the  Member  has  engaged  in  conduct  that
constitutes a serious breach of the Code. Section 221(2) provides that conduct that may
constitute a serious breach of the Code includes:
(a)
repeatedly breaching the Code;
(b)
breaching  the  Code  in  a  way  that  is  having,  or  is  likely  to  have,  a  damaging
effect on public trust and confidence in the Tribunal; and
(c)
breaching the Code and failing to comply with a direction by the President under
section 200(1) in relation to the breach.
20.7
Section 222 of the Act provides that, if the President reasonably believes that there are
grounds for terminating a Member’s appointment under section 221, the President must
notify the Attorney-General as soon as possible.
20.8
The President may form the opinion that a Member may have engaged in conduct that
may constitute a breach of the Code for the purposes of section 203 of the Act either
because a complaint has been made about  the Member’s  conduct  or on the basis of
information that has otherwise come to the attention of the President.
20.9
The General Counsel will coordinate the processes in the Code for dealing with possible
breaches of the Code and may provide advice and make recommendations as set out
below.  The  General  Counsel  may  also  exercise  any  powers  of  the  President  that  the
President delegates to the General Counsel or that the General Counsel is authorised to
exercise by the President or a delegate for the purposes of section 203(2)(a)(vi).
Part 21.
Process for dealing with possible breaches of the Code
21.1
A  person  (including  a  member,  a  staff  member  or  a  party)  who  wishes  to  make  a
complaint alleging that a Member has engaged in conduct that may constitute a breach
of the Code should do so to the General Counsel.
21.2
If the President becomes aware of information from any source that might be relevant
to whether a Member may have engaged in conduct that may constitute a breach of the
Code, the President may refer that information to the General Counsel.
21.3
Upon receipt of a complaint under [21.1], the General Counsel will assess the complaint
and may take the following action:
(a)
seek  further  information  from  the  person  who  made  the  complaint
(‘complainant’) for the purpose of clarifying any aspect of the complaint;
22

(b)
where the General Counsel forms the view that the conduct alleged against the
Member  is  of  such  a  nature  that  it  cannot  possibly  constitute  a  breach  of  the
Code - advise the complainant that the conduct alleged against the Member falls
outside  the  scope  of  the  Code  and,  if  relevant,  provide  information  to  the
complainant about where the complaint should be directed; and
(c)
make recommendations to the President about the steps to be taken in relation
to the complaint.
21.4
Upon receipt of information from the President under [21.2], the General Counsel will
assess the information and may take the following action:
(a)
seek  further  details  regarding  the  information  from  any  person  to  whom  the
information relates for the purpose of clarifying any aspect of that information;
and
(b)
make recommendations to the President about the steps to be taken in relation
to the information.
21.5
For the purposes of [21.3] and [21.4], the steps that may be recommended include:
(a)
those set out in section 203(2) of the Act, which are summarised in [20.3];
(b)
the President temporarily restricting the Member’s duties under section 203(3)
of the Act; and
(c)
the giving by the President of a direction to the Member under section 200(1) of
the Act relating to the performance of the Member’s duties.
21.6
In determining the recommendations to make to the President, the General Counsel will
take into account the nature and seriousness of the allegations against the Member and
be guided by the principles of natural justice as described in Part 22.
21.7
One of the steps summarised in [20.3] is to refer the Member’s conduct to a person or
body. Such a person or body may include:
(a)
the National Anti-Corruption Commission;
(b)
a law enforcement authority;
(c)
a professional regulatory body; or
(d)
the Australian Human Rights Commission.
21.8
Other steps summarised at [20.3] include authorising a person or body to investigate
the Member’s conduct and prepare a report on the investigation. Such a person or body
may include:
23

(a)
the Principal Registrar;
(b)
a member of staff of the Tribunal, such as a staff member with human resources
expertise, or a registrar; and
(c)
an  external  person  or  body  (such  as  a  lawyer  or  workplace  consultant)  with
expertise and experience in investigating and reporting on allegations of the type
alleged against the Member.
21.9
Where the allegations against the Member, if substantiated, could constitute a serious
breach of the Code (as to which, see [20.6]), the President may choose to authorise an
external person or body to investigate the Member’s conduct and prepare a report on
the investigation.
21.10  In  deciding  what  steps  to  take  upon  forming  the  opinion  that  a  Member  may  have
engaged in conduct that may constitute a breach of the Code in accordance with section
203 of the Act, the President need not first receive a recommendation from the General
Counsel and need not accept any recommendation that is made by the General Counsel.
In  deciding  what  steps  to  take,  the  President  will  take  into  account  the  nature  and
seriousness of the allegations against the Member and be guided by the principles of
natural justice as described in Part 22.
21.11   Where the President is satisfied that a Member has breached the Code but is not satisfied
that  the  breach  constitutes  a  serious  breach,  the  measures  that  the  President  may
determine  are  reasonably  necessary  to  take  in  relation  to  the  Member  in  order  to
maintain public trust and confidence in the Tribunal may include:
(a)
counselling the Member;
(b)
recommending that the Member be assisted by a person acting as the Member’s
mentor for a specified period;
(c)
reprimanding the Member;
(d)
directing the Member under section 200(1) of the Act to undertake counselling
of a particular type;
(e)
directing the Member under section 200(1) of the Act to undertake training or
further education of a particular type;
(f)
directing the Member under section 200(1) of the Act to consider providing an
apology to a person adversely affected by the Member’s conduct that breached
the Code; and
(g)
temporarily restricting the Member’s duties under section 203(3) of the Act until
such time as the Member complies with any direction referred to above if the
24

President reasonably believes that doing so is in the public, or the Tribunal’s,
interest.
21.12  The circumstances in which the President may determine to take no action in relation
to  the  Member  include  where  the  President  is  not  satisfied  that  the  Member  has
breached the Code or where, despite being satisfied that the Member breached the Code,
the President  believes  that  no action is  reasonably necessary to  maintain  public trust
and confidence in the Tribunal.
21.13   In accordance with section 222 of the Act, if the President reasonably believes that there
are grounds for terminating the Member’s appointment under section 221 – including
where the President is satisfied that the Member’s conduct constitutes a serious breach
of the Code – the President will notify the Attorney-General as soon as possible.
21.14   In accordance with section 221(2)(c) of the Act, where the President gives a direction
to the Member under section 200(1) in relation to a breach of the Code and the Member
fails  to  comply  with  the  direction,  the  failure  may  constitute  a  serious  breach  of  the
Code. If the President becomes aware on the basis of any information that the Member
may have failed to comply with a direction, the President may refer that information to
the  General  Counsel  to  deal  with  in  accordance  with  Part  21  with  any  necessary
modifications.
Part 22.
General
22.1
In implementing the process in Part 21 for dealing with possible breaches of the Code
by a Member, the General Counsel and the President will be guided by the principles
of natural justice. In accordance with those principles, the process will be implemented
in a manner that is fair to the Member and the complainant (if any).
22.2
The principles of natural justice will determine whether and at what stage of the process
the  Member  is  notified  of  the  allegations  against  the  Member  and  is  given  an
opportunity to address them. By way of example:
(a)
In some cases, it may not be necessary to notify the Member, such as where a
complaint is withdrawn immediately after it is made or where a complaint does
not proceed because it falls outside the Code.
(b)
In some cases, the General Counsel may decide that it is appropriate to notify
the  Member  of  the  allegations  against  the  Member  as  part  of  the  action
undertaken  under  [21.3].  Such  notification  would  not  be  for  the  purpose  of
investigating  the  allegations  but  in  order  to  seek  preliminary  information  or
clarification  from  the  Member  before  the  General  Counsel  determines  the
recommendations to be made to the President. If the allegations proceed to an
investigation of the Member’s conduct, the Member will be given a reasonable
opportunity to address the allegations in detail during the investigation.
25

22.3 Nothing in this Code limits the President’s powers or functions in the Act, the Rules or
any other legislation, including:
(a)
the President’s power under section 200(1) of the Act to give a written direction
to a Member relating to the performance of the Member’s duties;
(b)
any of the President’s powers under section 203(2) of the Act; and
(c)
the President’s power under section 203(3) of the Act to temporarily restrict a
Member’s duties if the President forms the opinion mentioned in section 203(1)
and reasonably believes that doing so is in the public, or the Tribunal’s, interest.

26

Administrative Review Tribunal
Performance Standard for Non-Judicial Members
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, determine the
following performance standard under section 202 of the Administrative Review Tribunal Act 2024.
Dated

The Hon Justice Emilios Kyrou AO
President

1

TABLE OF CONTENTS
STANDARDS OF PERFORMANCE .................................................................................... 3
Part 1.
Introduction ..................................................................................................................... 3
Part 2.
Definitions and Interpretation ......................................................................................... 3
Part 3.
Time spent undertaking Tribunal Case Work ................................................................. 5
Part 4.
Timely delivery of decisions ........................................................................................... 5
Part 5.
Refusing allocated work .................................................................................................. 6
Part 6.
Professional development and training ........................................................................... 7
Part 7.
Meeting the Standard ...................................................................................................... 7
Part 8.
Non-compliance with the Standard ................................................................................. 7
ACTION TO ASSIST MEMBERS TO MEET THE STANDARD .................................... 8
Part 9.
Support measures and adjustments to the Standard ........................................................ 8
PROCESS FOR DEALING WITH POSSIBLE BREACHES OF THE STANDARD ..... 9
Part 10.
Role of Members’ Leaders and General Counsel ........................................................... 9
Part 11.
President’s powers .......................................................................................................... 9
SESSIONAL MEMBERS ..................................................................................................... 11
Part 12.
Application of the Standard to Sessional Members ...................................................... 11
COMMENCEMENT AND TRANSITIONAL PROVISIONS ......................................... 12
Part 13.
Commencement of the Standard ................................................................................... 12
Part 14.
Transitional provisions .................................................................................................. 12

2

STANDARDS OF PERFORMANCE
Part 1.
Introduction
1.1  This  Performance  Standard  (Standard)  is  determined  and  published  by  the  President
under section 202 of the Administrative Review Tribunal Act 2024 (Act). The Standard
is  for  general  members,  senior  members  and  non-judicial  deputy  presidents  (each  a
Member) of the Administrative Review Tribunal (Tribunal).
1.2  The Standard contains the minimum performance standards with which a Member must
comply. It also sets out the actions that may be taken in relation to Members meeting the
Standard,  and  the  actions  that  may  be  taken  if  the  President1 forms  the  opinion  that  a
Member may have engaged in conduct that may constitute a breach of the Standard. To
avoid confusion between individual performance standards and the Standard as a whole,
the individual standards will be referred to as standards of performance.
1.3  The  Standard  is  an  important  means  by  which  the  Tribunal  pursues  the  objective  in
section 9 of the Act, including promoting public trust and confidence in the Tribunal.
1.4  The Standard applies in addition to any legal obligations to which a Member is subject,
including  those  in  the  Act.  Nothing  in  the  Standard  limits  the  President’s  powers  or
functions in the Act, the Rules or any other legislation.
1.5  The President may at any time provide written guidelines in relation to any aspect of the
Standard.
Part 2.
Definitions and Interpretation
2.1  In this Standard, the following definitions apply in addition to those set out in Part 1:
Applicable Decision Delivery Benchmark in relation to a Tribunal Case Event conducted by a
Member for which the Member must deliver a Decision and a Statement of Reasons for the
Decision, means:
(a)
where that Tribunal Case Event was conducted in a List — the number of days within
which  the  Member  must  Deliver  the  decision  and  the  Statement  of  Reasons  for  the
decision in that List; or
(b)  where that Tribunal Case Event was conducted in a Jurisdictional Area without a List —
the  number  of  days  within  which  the  Member  must  Deliver  the  decision  and  the
Statement of Reasons for the decision in that Jurisdictional Area.
Approved  Reason  means  a  circumstance  arising  in  an  individual  case  which  is  outside  of  a
Member’s control, will prevent the Member from meeting the Applicable Decision Delivery

1 Where relevant, references to the President in the Standard include a person to whom the President has delegated,
in accordance with section 279 of the Act, one or more of the President’s powers that are referred to in the Standard
and a person authorised by the President or a delegate under section 203(2)(a)(vi).
3

Benchmark, and has been approved by the Member’s Leader in writing in accordance with any
guidelines for approval provided by the President to Members’ Leaders.
Deliver  in  relation  to  a  decision  of  a  Member  means  give  to  the  parties  the  decision  and  a
Statement of Reasons for the decision.
Full-time Salaried Member means a salaried member who performs the Member’s duties on
a full-time basis by working 10 business days each fortnight.
JAL means jurisdictional area leader as that expression is defined in section 4 of the Act.
Jurisdictional Area has the same meaning as in the Act.
List means a list established by the President under section 196(2) of the Act.
List Leader means a deputy president or a senior member assigned by the President to lead one
or more Lists under section 198(1) of the Act.
Maximum  Period  means  the period  after  a decision  becomes a Reserved Decision that is  3
times the number of days which constitute the Applicable Decision Delivery Benchmark.
Member’s JAL means the JAL of the Jurisdictional Area which is the first Jurisdictional Area
specified  in  Column  2  of  the  table  in  the  Schedule  to  the  Administrative  Review  Tribunal
(Assignment of Members to Jurisdictional Areas) No.1 of 2024, as amended from time to time.
Member’s Leader means:
(a)
if the Member is a JAL—the President;
(b)
if the Member is a List Leader and not a JAL—the Member’s JAL; or
(c)
for all other Members—the Member’s List Leader.
Member’s List Leader means the List Leader whom the President has directed be primarily
responsible for the Member’s work arrangements and administrative arrangements.
Note:   The  Administrative  Review  Tribunal  (Responsibility  for  Members’  Work  and
Administrative Arrangements) Direction No.1 of 2024 contains a direction that the List
Leader of the List specified in Column 1 of the table in the Schedule to that instrument
next to a Member’s name is primarily responsible for the Member’s work arrangements
and administrative arrangements.
Part-time  Salaried  Member  means  a  salaried  member  who  has  received  approval  from  the
President to perform the Member’s duties on a part-time basis by working less than 10 business
days each fortnight.
Reserved Decision means a decision and the Statement of Reasons for it which a Member did
not Deliver on the last day of the hearing of a proceeding or any other Tribunal Case Event
which requires the Delivery of a decision and a Statement of Reasons for the decision.
Rules has the same meaning as in the Act.
Sessional Member has the same meaning as in the Act.
4

Statement of Reasons has the same meaning as in the Act.
Tribunal Case Event has the same meaning as in the Act.
Tribunal Case Work means:
(a)
preparing for or conducting a Tribunal Case Event;
(b)
writing a decision or Statement of Reasons; or
(c)
any other work that is designated by the President as Tribunal Case Work which is
allocated to a Member.
2.2  Where the hearing of a proceeding or any other Tribunal Case Event which requires the
Delivery of a decision and a Statement of Reasons for the decision concludes and the
Member does not Deliver a decision and a Statement of Reasons for the decision on the
last day of the hearing, a decision becomes a Reserved Decision on the day after the last
day  of  the  hearing.  That  is  so  even  if,  after  that  day,  the  Tribunal  receives  further
submissions or other material in relation to the proceeding.
Part 3.
Time spent undertaking Tribunal Case Work
3.1  A Full-time Salaried Member must undertake not less than 205 days of allocated Tribunal
Case Work each financial year.
3.2  A Part-time Salaried Member must undertake not less than an equivalent number of days
of allocated Tribunal Case Work each financial year calculated on a pro-rata basis.
3.3  A  Sessional  Member  must,  in  each  financial  year,  undertake  the  number  of  days  of
Tribunal Case Work that the Tribunal allocates to the Sessional Member provided that
this number does not exceed the number of days that the Sessional Member has agreed
with the Tribunal to be available to undertake such work.
Note:   The  Tribunal  does  not  guarantee  that  it  will  allocate  a  minimum  number  of  days  of
Tribunal Case Work to Sessional Members.
3.4  The  President  may  approve  in  writing  an  adjustment  in  accordance  with  Part  9  to  the
number of days of allocated Tribunal Case Work that a Member must undertake if:
(a)
there are acceptable reasons why the Member will not complete the number of
days of allocated Tribunal Case Work; and
(b)
it is appropriate, in all the circumstances, that approval be granted.
Part 4.
Timely delivery of decisions
4.1  A Member is expected to meet the Applicable Decision Delivery Benchmark in each case
unless there is an Approved Reason for not doing so.
5

4.2  A  Member  must  not  have  more  than  5  Reserved  Decisions  which  do  not  meet  the
Applicable Decision Delivery Benchmark at any one time. Reserved Decisions for which
there  is  an  Approved  Reason  for  not  meeting  the  Applicable  Decision  Delivery
Benchmark are not counted for this purpose.
4.3  A Member must not exceed the Applicable Decision Delivery Benchmark in more than
15% of cases finalised by the Member each financial year. Cases for which there was an
Approved Reason for not meeting the Applicable Decision Delivery Benchmark are not
counted for this purpose.
4.4  The President may approve in writing an adjustment to [4.2] or [4.3] in accordance with
Part 9 if the Member is or was incapable of meeting the Applicable Decision Delivery
Benchmark(s) for personal reasons beyond the Member’s control.
4.5  Subject  to  [4.6],  a  Member  must  not  have  any  Reserved  Decision  that  has  not  been
Delivered prior to the expiration of the Maximum Period.
4.6  The  President  may  grant  a  Member’s  written  request  to  Deliver  a  decision  after  the
expiration of the Maximum Period – by way of an adjustment in accordance with Part 9
– if the President is satisfied that:
(a)
there are acceptable reasons why the Reserved Decision will not be Delivered
prior to the expiration of the Maximum Period;
(b)
the Member has proposed a date for Delivery of the Reserved Decision which
is reasonable; and
(c)
it  is  appropriate,  in  all  the  circumstances  of  the  case,  that  an  adjustment  be
granted.
Part 5.
Refusing allocated work
5.1  A  Member  must  not  refuse  any  Tribunal  Case  Work  allocated  to  the  Member  by  the
Tribunal unless:
(a)
the Act, the Rules or the Practice Directions require the Member to do so; or
(b)
the Member is otherwise required by law to do so, including the law relating to
recusal.
Note 1:   The President can revoke a direction that the Member constitute the Tribunal for the
purposes  of  a  proceeding  following  acceptance  of  a  recommendation  made  by  the
Member’s Leader under Part 9. The Member will not be treated as contravening the
obligation at [5.1] in this situation.
Note 2:   Section 218(2) of the Act prohibits members from constituting the Tribunal in certain
circumstances.
6

Part 6.
Professional development and training
6.1  Members must take reasonable steps to keep informed of developments in substantive
and  procedural  matters  relevant  to  their  Tribunal  work.  Members  must  also  take
reasonable steps to maintain and enhance the knowledge, skills and personal attributes
necessary for the performance of their duties to  a high standard, including conducting
fair and just hearings and Delivering timely and high-quality decisions.
6.2  Members  must take reasonable steps to  be  proficient  in  the use of the Tribunal’s case
management systems, other information technology systems, and online research tools
to enable them to perform their functions efficiently and to a high standard.
6.3  If  during  the  term  of  a  Member’s  appointment  as  a  Member  the  Member  is  also
authorised to conduct practice as a member of a regulated profession (such as the legal
profession or the healthcare profession), the Member must comply with any mandatory
continuing professional development requirements of that profession.
6.4  A  Member  must  undertake  any  training  and  education  programs  which  the  President
designates as mandatory for the Member, all members or for a class of members which
includes the Member.
Part 7.
Meeting the Standard
7.1  Where  a  Member  believes  that  there  are  circumstances  (such  as  a  medical  condition)
which will prevent the Member from meeting the Standard, the Member must:
(a)
as  soon  as  practicable,  give  the  Member’s  Leader  written  notice  of  those
circumstances together with any supporting documentary evidence; and
(b)
if requested, meet  with  the Member’s Leader to  discuss  whether it would be
appropriate to seek an adjustment or implement any measures under Part 9.
7.2  Where a Member is not meeting the Standard, the Member must:
(a)
not  unreasonably  refuse  an  offer  to  assist  the  Member  to  meet  the  Standard
which is made by the Member’s Leader, the Member’s JAL or the President;
(b)
if  requested,  meet  with  the  Member’s  Leader  to  discuss  whether  it  would  be
appropriate to seek an adjustment or implement any measures under Part 9; and
(c)
if  requested,  provide  any  information  that  the  Member’s  Leader  reasonably
requires to make an informed decision about whether to seek an adjustment or
implement any measures under Part 9.
Part 8.
Non-compliance with the Standard
8.1  A Member’s non-compliance with Parts 3 to 7 may constitute a breach of the Standard.

7

ACTION TO ASSIST MEMBERS TO MEET THE STANDARD
Part 9.
Support measures and adjustments to the Standard
9.1  The  Tribunal  may  support  Members  to  meet  the  Standard  by  providing  training,
counselling, mentoring or other support measures as appropriate.
9.2  A Member’s Leader must keep a record of any measures taken in respect of a Member
under [9.1] in the form of an email that is sent to the Member and copied to the General
Counsel.
9.3  A Member’s Leader may recommend that the President grant a Member an adjustment
to the Standard having regard to the following considerations:
(a)
the objectives and operational needs of the Tribunal;
(b)
the circumstances of the Member;
(c)
whether any information provided by the Member in support of the proposed
adjustment is adequate and reliable;
(d)
whether the proposed adjustment will be effective in assisting the Member to
meet the Standard without any further adjustments in the future;
(e)
any written guidelines provided by the President;
(f)
the desirability of consistency and fairness in the treatment of Members;
(g)
the need to ensure that adjustments do not become routine or commonplace but
are granted only when appropriate; and
(h)
any other relevant matter.
9.4  An  adjustment  granted  to  a  Member  in  accordance  with  the  Standard  constitutes  a
temporary dispensation from a standard of performance that would otherwise apply to
the Member during the currency of the adjustment and does not constitute a variation or
amendment to the Standard.
9.5  The President is not bound by any recommendation made by a Member’s Leader.
9.6  The President may at any time review any adjustment that the President has granted to a
Member and terminate the adjustment prospectively after giving the Member:
(a)
7 days’ prior notice of the proposed termination and the reasons for it; and
(b)
an  opportunity  to  make  submissions  on  whether  the  adjustment  should  be
terminated.
8

PROCESS FOR DEALING WITH POSSIBLE BREACHES OF THE
STANDARD
Part 10.
Role of Members’ Leaders and General Counsel
10.1  Where,  following  receipt  of  information  from  the  President  or  any  other  source,  a
Member’s Leader forms the opinion that a Member may be having difficulty meeting the
Standard, the Member’s Leader must first consult the Member to determine whether the
Member requires support in accordance with Part 9.
10.2  The Member’s Leader must (after consulting the Member’s JAL if the Member’s Leader
is not the Member’s JAL) inform the General Counsel if the Member’s Leader considers
that,  despite  any  support  provided  in  accordance  with  Part  9,  it  would  be  open  to  the
President to form the opinion that the Member may have engaged in conduct that may
constitute a breach of the Standard.
10.3  The General Counsel will assess the information provided by the Member’s Leader and
may:
(a)
seek further information from the Member’s Leader;
(b)
where the General Counsel forms the opinion that the conduct alleged against
the  Member  cannot  possibly  constitute  a  breach  of  the  Standard—advise  the
Member’s Leader that the alleged conduct falls outside the scope of the Standard;
or
(c)
make recommendations to the President about the steps to be taken in relation
to  the  Member’s  alleged  conduct  which,  having  regard  to  the  nature  and
seriousness of the Member’s alleged conduct and the principles of natural justice,
may include:
(i)
any of the steps set out in section 203(2) of the Act;
(ii)
the President temporarily restricting the Member’s duties under section
203(3) of the Act; or
(iii)
the President giving a direction to the Member under section 200(1) of
the Act relating to the performance of the Member’s duties.
10.4  The  General  Counsel  may  exercise  any  powers  of  the  President  that  the  President
delegates to the General Counsel or that the General Counsel is authorised to exercise by
the President or a delegate for the purposes of section 203(2)(a)(vi) of the Act.
Part 11.
President’s powers
11.1  If the President forms the opinion that a Member may have engaged in conduct that may
constitute  a  breach  of  the  Standard  on  the  basis  of  information  that  has  come  to  the
President’s attention  from any source, the President may decide, having  regard to the
9

nature and seriousness  of the Member’s  alleged  conduct  and the principles of natural
justice, which steps to take without:
(a)
having first received a recommendation from the General Counsel; or
(b)
accepting any recommendation made by the General Counsel.
11.2  The President may take no action, or no further action, in relation to a Member’s conduct
where:
(a)
the President is not satisfied that the Member has breached the Standard; or
(b)
the President believes that no action is required having regard to the nature and
extent of the Member’s conduct.
11.3  Where  the  President  is  satisfied  that  a  Member  has  breached  the  Standard  but  is  not
satisfied that the breach constitutes a serious breach, the measures that the President may
take in accordance with section 203(2)(a)(vii) of the Act include:
(a)
counselling the Member;
(b)
recommending that the Member be assisted by a person acting as the Member’s
mentor for a specified period;
(c)
reprimanding the Member;
(d)
directing the Member under section 200(1) of the Act to undertake counselling
of a particular type;
(e)
directing the Member under section 200(1) of the Act to undertake training or
further education of a particular type; and
(f)
temporarily restricting the Member’s duties under section 203(3) of the Act until
such  time  as  the  Member  complies  with  any  such  direction  if  the  President
reasonably believes that doing so is in the public, or the Tribunal’s interest.
11.4  Where the President is satisfied that a Member’s conduct constitutes a serious breach of
the  Standard  for  the  purposes  of  section  221  of  the  Act,  the  President  will  notify  the
Attorney-General as soon as possible.

10

SESSIONAL MEMBERS
Part 12.
Application of the Standard to Sessional Members
12.1  Arrangements  for  Sessional  Members  informing  the  Tribunal  of  their  availability  to
undertake Tribunal Case Work and the allocation of Tribunal Case Work to them may
vary as between Jurisdictional Areas and Lists.
12.2  This Standard applies to Sessional Members subject to the following modifications:
(a)
Part 5 applies only where a Sessional Member has agreed with the Tribunal to
be  available  to  undertake  Tribunal  Case  Work  for  a  number  of  days  in  a
particular period, such as per week, per fortnight or per month. In such a case,
the Sessional Member must not refuse any Tribunal Case Work allocated to the
Sessional Member for those days.
(b)
[8.1]  is  modified  to  read  as  follows  in  relation  to  Sessional  Members:  ‘A
Sessional Member’s non-compliance with Parts 3 to 7, as modified by Part 12,
may constitute a breach of the Standard.’

11

COMMENCEMENT AND TRANSITIONAL PROVISIONS
Part 13.
Commencement of the Standard
13.1  Part 4 has effect from 3 February 2025.
13.2  All other Parts have effect from the date this Standard is signed.
Part 14.
Transitional provisions
14.1  Because  the  Tribunal  commenced  operation  on  14  October  2024  and  will  not  be
operational  for  the  whole  of  the  financial  year  ending  30  June  2025,  the  205  days  of
allocated Tribunal Case Work set out at [3.1] will not apply for the financial year ending
30  June  2025.  Instead,  the  number  of  days  of  allocated  Tribunal  Case  Work  that  will
apply for the period from 14 October 2024 until 30 June 2025 will be 146, calculated as
follows:
(a)
There  are  260  calendar  days  between  14  October  2024  and  30  June  2025
(inclusive of both days).
(b)
There are 365 calendar days in the financial year ending 30 June 2025.
(c)
71.23% represents the proportion of days in the financial year ending 30 June
2025 that the Tribunal will be in operation.
(d)
71.23%  of  205  days  of  allocated  Tribunal  Case  Work  equals  146  days  of
allocated Tribunal Case Work.
14.2  For the period from 3 February 2025 until 30 June 2025:
(a)
[3.3] is modified by substituting ‘in the period from 3 February 2025 until 30
June 2025’ for ‘in each financial year’;
(b)
[4.3] is modified by substituting ‘in the period from 3 February 2025 until 30
June 2025’ for ‘each financial year’.
12

PERFORMANCE STANDARD GUIDELINE
Part 1  Introduction
1.1
The purpose of this Guideline is to explain how the Standard will be applied, and should
be read in conjunction with the Standard. Expressions used in this Guideline which are
defined in the Standard have the meanings set out in the Standard.
1.2
Parts 3 to  7  of the  Standard set  out  the minimum  performance  standards  with  which
Members must comply. Parts 9 to 11 set out the action that may be taken in relation to
Members  meeting  the  Standard,  including  the  process  for  dealing  with  possible
breaches of the Standard.
Standards of performance
Part 2 of the Standard: Application of key definitions
Applicable Decision Delivery Benchmark
2.1
The Applicable Decision Delivery Benchmark for a substantive decision in each List
will be:
(1)
Taxation List: 75 calendar days from the day the decision became a Reserved
Decision;
(2)
Information  and  Other  List,  Veterans  List,  Workers’  Compensation  List,
Regulation and Discipline List, Plans List, Access List: 60 calendar days from
the day the decision became a Reserved Decision;
(3)
Character, Citizenship and Bridging Visas List:
(a)
citizenship  cases: 60  calendar  days  from  the day  the decision became a
Reserved Decision;
(b)
character cases not subject to a statutory time limit: 60 calendar days from
the day the decision became a Reserved Decision;
(c)
character cases subject to a statutory time limit: the decision must be given
to the parties within the statutory time limit and, where it is not possible
for a Statement of Reasons for the decision to be given to the parties within
the  statutory  time  limit,  the  Statement  of  Reasons  must  be  given  to  the
parties within 14 calendar days after the decision is given to the parties;
1

(d)
bridging visa cases subject to a statutory time limit: within the statutory
time limit;
(e)
bridging visa cases not subject to a statutory time limit: 30 calendar days
from the day the decision became a Reserved Decision;
(4)
Study, Visitor and Other Visas List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
study  and  visitor  visa  cases  not  subject  to  a  statutory  time  limit:  30
calendar days from the day the decision became a Reserved Decision;
(c)
other visas: 60 calendar days from the day the decision became a Reserved
Decision;
(5)
Family and Partner Visas List, Working, Skilled and Investment Visas List: 60
calendar days from the day the decision became a Reserved Decision;
(6)
China List, India List, Malaysia List, Vietnam List, Africa, Americas, Middle
East and South Asia Countries List, All Other Countries List:
(a)
cases which are remitted to the Tribunal by a court: 75 calendar days from
the day the decision became a Reserved Decision;
(b)
in all other cases: 60 calendar days from the day the decision became a
Reserved Decision.
(7)
Child Support List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
cases not subject to a statutory time limit: 30 calendar days from the day
the decision became a Reserved Decision;
(8)
Centrelink List and Paid Parental Leave List:
(a)
cases subject to a statutory time limit: within the statutory time limit;
(b)
where  the  cases  are  decided  on  first  review  and  are  not  subject  to  a
statutory time limit: 14 calendar days from the day the decision became a
Reserved Decision;
(c)
where  the  cases  are  decided  on  second  review  and  are  not  subject  to  a
statutory time limit: 30 calendar days from the day the decision became a
Reserved Decision.1

1 Second review has the same meaning as in the Act.
2

2.2
The Applicable Decision Delivery Benchmark for a substantive decision for cases in
the Intelligence and Security Jurisdictional Area is 75 calendar days from the day the
decision became a Reserved Decision.
2.3
The  Applicable  Decision  Delivery  Benchmark  for  a  non-substantive  decision  in  all
Lists and the Intelligence and Security Jurisdictional Area is 14 calendar days from the
day the decision became a Reserved Decision.
Note:   For  some  non-substantive  decisions  (such  as  an  order  or  direction  in  relation  to  an
application made by a party during the hearing of a proceeding), where it is appropriate
in all the circumstances to do so, a Member may provide a Statement of Reasons for
that order or direction as part of the Statement of Reasons for the substantive decision.
2.4
For the purposes of [2.1], [2.2], and [2.3]:
(1) a substantive decision means a decision referred to in section 105 of the Act; and
(2) a non-substantive decision means a decision which is not a substantive decision.
Approved Reason
2.5
Case-related factors outside a Member’s control that may be approved by a Member’s
Leader (in accordance with any guidelines for approval provided by the President to
Members’  Leaders)  as  a  reason  for  not  meeting  an  Applicable  Decision  Delivery
Benchmark (an ‘Approved Reason’) include:
(1)
awaiting written submissions from the parties after a hearing concludes where
the submissions are necessary for the preparation of a Statement of Reasons;
(2)
awaiting an independent expert report after a hearing concludes where the report
is necessary for the preparation of a Statement of Reasons;
(3)
awaiting  an  opinion  or  report  after  a  hearing  concludes  where  the  opinion  or
report  by  law  must be taken into account  before  the application for review is
determined;
(4)
where after a hearing concludes the Department of Foreign Affairs and Trade
issues a new country information assessment which must be taken into account
according to a ministerial direction issued under section 499 of the Migration
Act 1958;
(5)
where after a hearing concludes a significant change in circumstances occurs in
a receiving country which:
(a)  is not dealt with in an applicable Department of Foreign Affairs and Trade
country information assessment; and
(b) requires  that  updated  country  information  be  obtained  before  the
application for review is determined.
3

Tribunal Case Work
2.6
Other  work  that  may  be  allocated  and  designated  as  Tribunal  Case  Work  includes
persona designata or other case-related functions for which a Member may be rostered.
Part 3 of the Standard: Time spent undertaking Tribunal Case Work
3.1
The 205 days of Tribunal Case Work have been calculated as follows:
(6)
Allowing for weekends, public holidays and the three day Christmas shutdown
period there are approximately 245 working days in every financial year.
(7)
From the 245 working days, 40 days have been deducted to take into account
annual leave, authorised personal leave, and a reasonable allowance of days for
Members to undertake: training and development; functions they are obliged to
perform  under  the  Act  or  directed  to  perform  by  the  President  under
section 200(1)  of  the  Act;  and  any  other  activities  each  Member  may  be
authorised in writing to perform by the Member’s Leader in accordance with
guidelines given to Members’ Leaders by the President. The types of activities
that a Member’s Leader may authorise a Member to perform include preparing
bench books and conducting induction sessions for new members.
Part 4 of the Standard: Timely delivery of decisions
4.1
A Member is expected to meet the Applicable Decision Delivery Benchmark in each
case unless there is an Approved Reason for not meeting it. If there is another reason
why  a  Member  will  not  meet  the  Applicable  Decision  Delivery  Benchmark  in  an
individual case, the Member must discuss with the Member’s Leader whether it would
be appropriate to seek an adjustment to the Benchmark.
4.2
When  a  Member  is  seeking  approval  from  the  Member’s  Leader  of  a  reason  for  not
meeting  the  Applicable  Decision  Delivery  Benchmark,  the  Member  must  provide  a
proposed  date  for  Delivery  of  the  Reserved  Decision.  Where  the  proposed  date  is
approved by the Member’s Leader, an Approved Reason will excuse the Member from
meeting the Applicable Decision Delivery Benchmark in an individual case  until the
approved proposed date for Delivery.
4.3
If a Member does not Deliver the Reserved Decision by the approved proposed date,
the Approved Reason will lapse. The Reserved Decision will then be counted for the
purposes of assessing compliance with [4.2], [4.3] or [4.5] of the Standard.
4

Process for dealing with possible breaches of the Standard
Part 10  of the Standard: Role of List Leaders and General Counsel
10.1
The Member’s Leader must regularly monitor the performance of the Member.
10.2
The General Counsel will coordinate the process for dealing with possible breaches of
the Standard and may provide advice and make recommendations to the President.

Dated:

The Hon Justice Kyrou AO
5

Administrative Review Tribunal (Allocation of
Business to Lists) Direction No.1 of 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
1  Name ...................................................................................................................................... 1
2  Commencement ..................................................................................................................... 1
3  Authority ................................................................................................................................ 1
4  Definitions ............................................................................................................................. 1
5 Exercise of the Tribunal’s powers in lists ............................................................................... 1

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
i
of 2024

1 Name

  This instrument is the Administrative Review Tribunal (Allocation of Business to
Lists) Direction No.1of 2024.
2 Commencement

  This instrument commences on and has effect from the date it is signed.
3 Authority

  This instrument is made under subsection 196(4) of the Administrative Review
Tribunal Act 2024.
4 Definitions
Note:
The following expressions used in this instrument are defined in section 4 of the Act:
(a)  list;
(b)  proceeding.

  In this instrument:
Act means the Administrative Review Tribunal Act 2024.
character decision means a decision reviewable by the Tribunal pursuant to
section 500 of the Migration Act 1958.
protection finding has the same meaning as in section 197C of the Migration Act
1958.
regulatory or disciplinary decision means a decision that has business or
commercial characteristics and/or in which the status of a licence, permit or other
authorisation is at issue.
reviewable migration decision has the same meaning as in section 338 of the
Migration Act 1958.
reviewable protection decision has the same meaning as in section 338A of the
Migration Act 1958.
Tribunal means the Administrative Review Tribunal.
5 Exercise of the Tribunal’s powers in lists

  For the purposes of subsection 196(4) of the Act, the Tribunal’s powers in
relation to a proceeding of the type mentioned in column 2 of the following table
are to be exercised in the list mentioned in column 1.
Note:
For the purposes of subparagraph 196(2)(a), the lists are established as subareas within
each jurisdictional area in the Administrative Review Tribunal (Establishment of Lists)
Instrument No.1 of 2024.

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
1
of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
1
Veterans
A proceeding in relation to a decision made

under the:

(1)  Military Rehabilitation and
Compensation Act 2004 and legislative
instruments made under that Act;
(2)  Safety, Rehabilitation and
Compensation (Defence-related
Claims) Act 1988; or
(3)  Veterans’ Entitlements Act 1986 and
legislative instruments made under that
Act.
2
Workers’ Compensation
A proceeding in relation to a decision made
under the:
(1)  Safety, Rehabilitation and
Compensation Act 1988; or
(2)  Seafarers Rehabilitation and
Compensation Act 1992.
3
Taxation
A proceeding in relation to:
(1)  a decision made under a taxation law
(within the meaning of the Income Tax
Assessment Act 1997);
(2)  a decision made under the Customs Act
1901 and legislative instruments made
under the Act relating to revenue;
(3)  a decision made under the Customs
Tariff Act 1995 and legislative
instruments made under the Act
relating to revenue; or
(4)  any other decision relating to taxation
and revenue.
4
Regulation and Discipline
A proceeding in relation to:
(1)  a decision made under the A New Tax
System (Australian Business Number)
Act 1999;
(2)  a decision made under the A New Tax
System (Family Assistance)
(Administration) Act 1999 relating to
childcare service providers;
(3)  a decision made under the Aged Care
Act 1997 and legislative instruments
made under that Act relating to aged
care providers;

2
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(4)  a decision of the Australian Pesticides
and Veterinary Medicines Authority
made under the Agricultural and
Veterinary Chemicals (Administration)
Act 1992, the Agricultural and
Veterinary Chemical Products
(Collection of Levy) Act 1994;
Agricultural and Veterinary Chemicals
Code Act 1994, or the Agricultural and
Veterinary Chemicals Code
Regulations 1995;
(5)  a decision of the Minister made under
Agricultural and Veterinary Chemicals
(Administration) Regulations 1995;
(6)  a decision made under the Air
Navigation Act 1920 and legislative
instruments made under that Act;
(7)  a decision made under the Airports Act
1996 and legislative instruments made
under that Act;
(8)  a decision made under the AusCheck
Regulations 2017;
(9)  a decision made under the Australian
Charities and Not-for-profits
Commission Act 2012;
(10)  a decision made under the Australian
Education Act 2013 relating to
approved authorities;
(11)  a decision of the Australian Prudential
Regulation Authority (other than a
decision made under the Freedom of
Information Act 1982 or the Privacy
Act 1988);
(12)  a decision of the Australian Securities
and Investments Commission (other
than a decision made under the
Freedom of Information Act 1982 or
the Privacy Act 1988);
(13)  a decision made under the Aviation
Transport Security Act 2004 and
legislative instruments made under that
Act;
(14)  a decision made under the Bankruptcy
Act 1966 and legislative instruments
made under that Act;
(15)  a decision made under Broadcasting
Services Act 1992;

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
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of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(16)  a decision made under the Civil
Aviation Act 1988 and legislative
instruments made under that Act;
(17)  a decision of the Companies Auditors
Disciplinary Board (other than a
decision made under the Freedom of
Information Act 1982 or the Privacy
Act 1988);
(18)  a decision made under the Customs Act
1901 and legislative instruments made
under the Act relating to regulatory or
disciplinary matters;
(19)  a decision made under the Customs
Tariff Act 1995 and legislative
instruments made under that Act
relating to regulatory or disciplinary
matters;
(20)  a decision of the Australian Skills
Quality Authority made under the
Education Services for Overseas
Students Act 2000 or the National
Vocational Education and Training
Regulator Act 2011;
(21)  a decision made under the Export
Market Development Grants Act 1997;
(22)  a decision made under the Food
Standards Australia New Zealand Act
1991;
(23)  a decision made under the Greenhouse
and Energy Minimum Standards Act
2012;
(24)  a decision made under the Imported
Food Charges (Collection) Act;
(25)  a decision made under the Imported
Food Control Act 1992;
(26)  a decision made under the Industry
Research and Development Act 1986
and legislative instruments made under
that Act;
(27)  a decision made under the Maritime
Transport and Offshore Facilities
Security Regulations 2003;
(28)  a decision made under the Marriage
Act 1961 relating to marriage
celebrants;
(29)  a decision made under Part 3 of the
Migration Act 1958;

4
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(30)  a decision made under the Mutual
Recognition Act 1992;
(31)  a decision made under Part 3A of
Chapter 4 of the National Disability
Insurance Scheme Act 2013 in relation
to National Disability Insurance
Scheme providers and quality auditors;
(32)  a decision made under the National
Greenhouse and Energy Reporting Act
2007 and legislative instruments made
under that Act;
(33)  a decision made under the National
Health Act 1953 relating to
pharmacies;
(34)  a decision made under the National
Measurement Act 1960 and legislative
instruments made under that Act;
(35)  a decision made under the Navigation
Act 2012 and legislative instruments
made under that Act;
(36)  a decision made under the Ozone
Protection and Synthetic Greenhouse
Gas Management Act 1989 and
legislative instruments made under that
Act;
(37)  a decision made under the Personal
Property Securities Act 2009;
(38)  a decision made under the
Radiocommunications Act 1992 and
legislative instruments made under that
Act;
(39)  a decision made under the Tax Agent
Services Act 2009 and legislative
instruments made under that Act;
(40)  a decision made under the
Telecommunications Act 1997 and
legislative instruments made under that
Act;
(41)  a decision made under the Telstra
Corporation Act 1991;
(42)  a decision made under the Tertiary
Education and Quality Standards
Agency Act 2011;
(43)  a decision made under the Therapeutic
Goods Act 1989 and legislative
instruments made under that Act;

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
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of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(44)  a decision under the Trans-Tasman
Mutual Recognition Act 1997;
(45)  a decision made under the Wine
Australia Regulations 2018; or
(46)  any other regulatory or disciplinary
decision.
5
Plans
A proceeding in relation to a decision made
under the National Disability Insurance
Scheme Act 2013, other than:
(1)  a decision made under Part 1 of
Chapter 3 of that Act; or
(2)  a decision made under Part 3A of
Chapter 4 that Act in relation to
National Disability Insurance Scheme
providers and quality auditors.
6
Access
A proceeding in relation to a decision made
under Part 1 of Chapter 3 of the National
Disability Insurance Scheme Act 2013.
7
Centrelink
A proceeding in relation to a decision made
under the:
(1)  A New Tax System (Family Assistance)
(Administration) Act 1999 (other than a
decision relating to the childcare service
providers);
(2)  Social Security (Administration) Act
1999; or
(3)  Student Assistance Act 1973.
8
Paid Parental Leave
A proceeding in relation to a decision made
under the Paid Parental Leave Act 2010.
9
Study, Visitor and Other
A proceeding in relation to a reviewable
Visas
migration decision relating to one of the
following visa classes:
(1)  Border (Temporary) (Class TA);
(2)  Confirmatory (Residence) (Class AK);
(3)  Diplomatic (Temporary) (Class TF);
(4)  Electronic Travel Authority (Class
UD);
(5)  Maritime Crew (Temporary) (Class
ZM);
(6)  Medical Treatment (Visitor) (Class
UB);
(7)  Referred Stay (Permanent) (Class DH);
(8)  Refugee and Humanitarian (Class XB)
other than a proceeding that is required

6
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
by this Direction to be dealt with in
items 13 to 18 of this Schedule;
(9)  Resolution of Status (Class BL);
(10)  Resolution of Status (Class CD);
(11)  Resident Return (Temporary) (Class
TP);
(12)  Return (Residence) (Class BB) other
than a proceeding that is required by
this Direction to be dealt with in items
13 to 18 of this Schedule;
(13)  Special Eligibility (Class CB);
(14)  Student (Temporary) (Class TU);
(15)  Temporary Humanitarian of Concern
(Class UO);
(16)  Temporary Safe Haven (Class UJ);
(17)  Territorial Asylum (Residence) (Class
BE);
(18)  Tourist (Class TR);
(19)  Transit (Temporary) (Class TX);
(20)  Visitor (Class FA);
(21)  Visitor (Class TV);
(22)  Work and Holiday (Temporary) (Class
US); or
(23)  Working Holiday (Class TZ).
10
Family and Partner Visas
A proceeding in relation to:
(1)  a reviewable migration decision
relating to one of the following visa
classes:
(a)
Aged Parent (Residence) (Class
BP);
(b)
Child (Migrant) (Class AH);
(c)
Child (Residence) (Class BT);
(d)
Contributory Aged Parent
(Residence) (Class DG);
(e)
Contributory Aged Parent
(Temporary) (Class UU);
(f)
Contributory Parent (Migrant)
(Class CA);
(g)
Contributory Parent (Temporary)
(Class UT);
(h)
Extended Eligibility (Class TK);
(i)
Family (Temporary) (Class GH);

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
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of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(j)
New Zealand Citizen Family
Relationship (Temporary) (Class
UP);
(k)
Other Family (Migrant) (Class
BO);
(l)
Other Family (Residence) (Class
BU);
(m)  Parent (Migrant) (Class AX);
(n)
Partner (Migrant) (Class BC);
(o)
Partner (Provisional) (Class UF);
(p)
Partner (Residence) (Class BS);
(q)
Partner (Temporary) (Class UK);
(r)
Prospective Marriage
(Temporary) (Class TO); or
(2)  a decision made under section 140E of
the Migration Act 1958 to refuse a
person’s application as a family
sponsor.
11
Working, Skilled and
A proceeding in relation to:
Investment Visas
(1)  a reviewable migration decision
relating to one of the following visa
classes:
(a)
Business Skills—Established
Business (Residence) (Class
BH);
(b)
Business Skills—Business Talent
(Permanent) (Class EA);
(c)
Business Skills (Permanent)
(Class EC);
(d)
Business Skills (Provisional)
(Class UR);
(e)
Business Skills (Provisional)
(Class EB);
(f)
Business Skills (Residence)
(Class DF);
(g)
Cultural/Social (Temporary)
(Class TE);
(h)
Distinguished Talent (Migrant)
(Class AL);
(i)
Educational (Temporary) (Class
TH);
(j)
Employer Nomination (Class
AN);

8
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(k)
Employer Nomination
(Permanent) (Class EN);
(l)
Employer Nomination
(Residence) (Class BW);
(m)  General (Class AS);
(n)
Global Talent (Class BX);
(o)
Investor Retirement (Class UY);
(p)
Pacific Engagement (Class PA);
(q)
Permanent Residence (Skilled
Regional) (Class PR);
(r)
Regional Employer Nomination
(Permanent) (Class RN);
(s)
Retirement (Temporary) (Class
TQ);
(t)
Skilled (Provisional) (Class VF);
(u)
Skilled (Provisional) (Class VC);
(v)
Skilled (Residence) (Class VB);
(w)  Skilled—Independent (Migrant)
(Class BN);
(x)
Skilled—Independent
(Permanent) (Class SI);
(y)
Skilled (Migrant) (Class VE);
(z)
Skilled—Nominated (Permanent)
(Class SN);
(aa)  Skilled—Regional Sponsored
(Provisional) (Class SP);
(bb)  Skilled Employer Sponsored
Regional (Provisional) (Class
PE);
(cc)  Skilled Work Regional
(Provisional) (Class PS);
(dd)  Temporary Activity (Class GG);
(ee)  Temporary Business Entry (Class
UC);
(ff)  Temporary Skill Shortage (Class
GK);
(gg)  Temporary Work (International
Relations) (Class GD);
(hh)  Temporary Work (Long Stay
Activity) (Class GB);
(ii)
Temporary Work (Short Stay
Specialist) (Class GA);
(jj)
Training (Class GF);

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
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Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(kk)  Training and Research (Class
GC); or
(2)  a decision made under section 140E of
the Migration Act 1958 to refuse a
person’s application as a work
sponsor;
(3)  a decision made under section 140GA
of the Migration Act 1958 not to vary a
term of approval;
(4)  a decision made under section 140GB
of the Migration Act 1958 or under
regulation 5.19 of the Migration
Regulations 1994 to refuse to approve
a nomination;
(5)  a decision made under section 140M of
the Migration Act 1958 to cancel an
approved sponsor’s approval or to bar
an approved sponsor; or
(6)  a decision made under Subdivision G,
Division 3 of Part 2 of the Migration
Act 1958.
12
Character, Citizenship and
(1)  A proceeding in relation to a decision:
Bridging Visas
(a)
to which subsection 500(1) of the
Migration Act 1958 applies; or
(b)
made under the Australian
Citizenship Act 2007; or
(2)  A proceeding in relation to a reviewable
migration decision relating to one of the
following visa classes:
(a)
Bridging A (Class WA);
(b)
Bridging B (Class WB);
(c)
Bridging C (Class WC);
(d)
Bridging D (Class WD);
(e)
Bridging E (Class WE);
(f)
Bridging F (Class WF);
(g)
Bridging R (Class WR); or
(h)
Special Category (Temporary)
(Class TY).
13
China
A proceeding in relation to:
(1)  a reviewable protection decision
relating to China; or:
(2)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating
to China; or

10
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(3)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to
China.
14
India
A proceeding in relation to:
(1)  a reviewable protection decision
relating to India; or:
(2)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating
to India; or
(3)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to India.
15
Malaysia
A proceeding in relation to:
(1)  a reviewable protection decision
relating to Malaysia; or:
(2)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating
to Malaysia; or
(3)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to
Malaysia.

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
11
of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
16
Vietnam
A proceeding in relation to:
(1)  a reviewable protection decision
relating to Vietnam; or:
(2)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating
to Vietnam; or
(3)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to
Vietnam.
17
Africa, Americas, Middle
A proceeding in relation to:
East and South Asia
(1)  a reviewable protection decision
Countries
relating to one or more of the
following countries:
(a)
Algeria;
(b)
Angola;
(c)
Argentina;
(d)
Bahrain;
(e)
Benin;
(f)
Botswana;
(g)
Brazil;
(h)
Burkina Faso;
(i)
Burundi;
(j)
Cameroon;
(k)
Canada;
(l)
Chad;
(m)  Chile;
(n)
Colombia;
(o)
Congo, Democratic Republic of
the;
(p)
Congo, Republic of the;
(q)
Côte D’Ivoire;
(r)
Cuba;
(s)
Dominica;
(t)
Dominican Republic;
(u)
Ecuador;

12
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(v)
Egypt;
(w)  El Salvador;
(x)
Eritrea;
(y)
Eswatini;
(z)
Ethiopia;
(aa)  Gambia;
(bb)  Gabon;
(cc)  Ghana;
(dd)  Guinea;
(ee)  Haiti;
(ff)  Honduras;
(gg)  Iran;
(hh)  Iraq;
(ii)
Israel;
(jj)
Jordan;
(kk)  Kenya;
(ll)
Lebanon;
(mm) Liberia;
(nn)  Libya;
(oo)  Madagascar;
(pp)  Malawi;
(qq)  Mali;
(rr)  Mauritius;
(ss)  Mexico;
(tt)
Morocco;
(uu)  Nicaragua;
(vv)  Nigeria;
(ww) Palestinian Territories;
(xx)  Peru;
(yy)  Rwanda;
(zz)  Saudi Arabia;
(aaa)  Senegal;
(bbb) Seychelles;
(ccc)  Sierra Leone;
(ddd) Somalia;
(eee)  South Africa;
(fff)  South Sudan;
(ggg) St Vincent and the Grenadines;
(hhh) Sudan;
(iii)  Syria;

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
13
of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
(jjj)  Tanzania;
(kkk) Tunisia;
(lll)  Türkiye;
(mmm)  Uganda;
(nnn) United States of America;
(ooo) Uruguay;
(ppp) Venezuela;
(qqq) Yemen;
(rrr)  Zambia;
(sss)  Zimbabwe; or
(2)  a reviewable protection decision
relating to one or more of the
following:
(a)
Afghanistan;
(b)
Bangladesh;
(c)
Bhutan;
(d)
Maldives;
(e)
Nepal;
(f)
Pakistan;
(g)
Sri Lanka;
(h)
Stateless persons; or
(3)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating
to one or more of the countries
mentioned in subitem 17(1); or
(4)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to one
or more of the countries listed in
subitem 17(1).
18
All Other Countries
A proceeding in relation to:
(1)  a reviewable protection decision
relating to one or more countries not
listed in items 13 to 17; or
(2)  cancellation of a Refugee and
Humanitarian (Class XB) visa relating

14
Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1

of 2024

Allocation of a proceeding type to lists
Item
Column 1
Column 2
List
Summary of proceeding type
to one or more countries not mentioned
in items 13 to 17; or
(3)  cancellation of a Return (Residence)
(Class BB) visa where:
(a)
the previous visa held was a
Refugee (Subclass 200) or
Global Special Humanitarian
(Offshore) (Subclass 202), or
was a visa granted on the basis of
a protection finding having been
made; and
(b)
the previous visa related to one
or more countries not listed in
items 13 to 17.
19
Child Support
A proceeding in relation to a decision made
under the:
(1)  Child Support (Assessment) Act 1989;
or
(2)  Child Support (Registration and
Collection) Act 1988.
20
Information and Other
(1)  A proceeding in relation to a decision
made under:
(a)
the Archives Act 1983;
(b)
the Freedom of Information Act
1982; or
(c)
the Privacy Act 1988,
other than a proceeding to which Part 6
of the Act applies.
(2)  A proceeding in relation to a decision
not specified elsewhere in this Practice
Direction, other than a proceeding to
which Part 6 of the Act applies.

Administrative Review Tribunal (Allocation of Business to Lists) Direction No.1
15
of 2024

Administrative Review Tribunal (Establishment
of Lists) Instrument No.1 of 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following instrument.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
1  Name ...................................................................................................................................... 1
2  Commencement ..................................................................................................................... 1
3  Authority ................................................................................................................................ 1
4  Definitions ............................................................................................................................. 1
5  Establishment of Lists ............................................................................................................ 1
6  Intelligence and Security ........................................................................................................ 1
Schedule — Table of Lists
2

Administrative Review Tribunal (Establishment of Lists) Instrument No.1 of 2024
i

1 Name

  This instrument is the Administrative Review Tribunal (Establishment of Lists)
Instrument No.1 of 2024.
2 Commencement

  This instrument commences on, and has effect from, the date it is signed.
3 Authority

  This instrument is made under subsection 196(2) of the Administrative Review
Tribunal Act 2024.
4 Definitions
Note:
The following expressions used in this instrument are defined in section 4 of the Act:
(a)  jurisdictional area;
(b)  list;
(c)  Tribunal;
(d)  Tribunal Advisory Committee.

  In this instrument:
Act means the Administrative Review Tribunal Act 2024.
5  Establishment of Lists

  In accordance with subsection 196(2) of the Act, and having consulted the
Tribunal Advisory Committee, the subareas specified in Column 2 of the table in
the Schedule to this instrument are established as Lists within the corresponding
jurisdictional area specified in Column 1.
6  Intelligence and Security

  The Tribunal's powers in relation to a proceeding to which Part 6 of the Act
applies are to be exercised in the Intelligence and Security jurisdictional area.

Administrative Review Tribunal (Establishment of Lists) Instrument No.1 of 2024
1

Schedule — Table of Lists

Column 1
Column 2
Jurisdictional area
List
General
Child Support
Information and Other
Veterans’ and Workers’ Compensation
Veterans
Workers’ Compensation
Taxation and Business
Taxation
Regulation and Discipline
National Disability Insurance Scheme
Plans
Access
Social Security
Centrelink
Paid Parental Leave
Migration
Study, Visitor and Other Visas
Family and Partner Visas
Working, Skilled and Investment Visas
Character, Citizenship and Bridging Visas
Protection
China
India
Malaysia
Vietnam
Africa, Americas, Middle East and South
Asia Countries
All Other Countries

2
Administrative Review Tribunal (Establishment of Lists) Instrument No.1 of 2024

Administrative Review Tribunal (Assignment of
Members to Lead Lists) Instrument No.1 of
2024
I, the Hon Justice Emilios Kyrou AO President of the Administrative Review Tribunal, make
the following instrument.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
1  Name ...................................................................................................................................... 1
2  Commencement ..................................................................................................................... 1
3  Authority ................................................................................................................................ 1
4  Definitions ............................................................................................................................. 1
5  Assignment ............................................................................................................................ 1
Schedule — Table of Assignments
2

Administrative Review Tribunal (Assignment of Members to Lead Lists)
i
Instrument No.1 of 2024

1 Name

  This instrument is the Administrative Review Tribunal (Assignment of Members
to Lead Lists) Instrument No.1 of 2024.
2 Commencement

  This instrument commences on, and has effect from, the date it is signed.
3 Authority

  This instrument is made under subsection 198(1) of the Administrative Review
Tribunal Act 2024.
4 Definitions
Note:
The following expressions used in this instrument are defined in section 4 of the Act:
(a)  Deputy President;
(b)  jurisdictional area;
(c)  jurisdictional area leader;
(d)  list;
(e)  senior member.

  In this instrument:
Act means the Administrative Review Tribunal Act 2024.
5  Assignment

  In accordance with subsection 198(1) of the Act, and having consulted each
jurisdictional area leader of each list affected by the making of this instrument,
the Deputy President or senior member specified in Column 3 of an item in the
table in the Schedule to this instrument is assigned to lead the list specified in
Column 2 of that item.

Administrative Review Tribunal (Assignment of Members to Lead Lists)
1
Instrument No.1 of 2024

Schedule — Table of Assignments

Item
Column 1
Column 2
Column 3
No.
Jurisdictional area
List
List leader
1
General
Child Support
John Longo
2
Information and Other
John Longo
3
Veterans’ and Workers’
Veterans
Geoffrey McCarthy
Compensation
4
Workers’ Compensation
Geoffrey McCarthy
5
Taxation and Business
Taxation
Robert Olding
6
Regulation and Discipline
Robert Olding
7
National Disability
Plans
Phillip French
Insurance Scheme
8
Access
Phillip French
9
Social Security
Centrelink
Tamara Hamilton-Noy
10
Paid Parental Leave
Tamara Hamilton-Noy
11
Migration
Study, Visitor and Other
Gabrielle Cullen
Visas
12
Family and Partner Visas
Alison Murphy
13
Working, Skilled and
Bridget Cullen
Investment Visas
14
Character, Citizenship and
Nicholas Manetta
Bridging visas
15
Protection
China
Sean Baker
16
India
Jane Marquard
17
Malaysia
Nicole Burns
18
Vietnam
Linda Symons
19
Africa, Americas, Middle
Shahyar Roushan
East and South Asia
Countries
20
All Other Countries
Kim Rosser

2
Administrative Review Tribunal (Assignment of Members to Lead Lists)

Instrument No.1 of 2024

Administrative Review Tribunal (Tribunal
Advisory Committee) Nomination 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, acting
pursuant to paragraph 236(2)(d) of the  Administrative Review Tribunal Act 2024, nominate
the following staff members as members of the Tribunal Advisory Committee:

(1)
Mr Jamie Crew, Chief Operating Officer;

(2)
Mr Daniel Slater, General Counsel.
This nomination has effect from the date it is signed and until revocation.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Administrative Review Tribunal (Tribunal Advisory Committee) Nomination 2024
1

Administrative Review Tribunal (Child
Support) Practice Direction 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Practice Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
Part 1.
Preliminary
1
Definitions
2
Decisions covered by this Practice Direction
3
Part 2.
Applying for review
3
Making an application for First Review and Second Review
3
When and how time to apply may be extended
4
Part 3.
General conduct and procedure of child support reviews
4
The Child Support Registrar as a party
4
Part 4.
Hearings
5
How the hearing will be conducted
5
Hearings of First Review applications to be held in private
6
Consenting to the Tribunal deciding a review without a hearing
6
Part 5.
Evidence
6
Documents provided to the Tribunal
6
When disclosure of information is prohibited or restricted
8
Part 6.
Protection order or family violence history
9

2
Administrative Review Tribunal (Child Support) Practice Direction 2024

Part 1.  Preliminary
1.1
This Practice Direction is made under section 36(1) of the Administrative Review
Tribunal Act 2024 (Act).
1.2
This Practice Direction is arranged in 6 Parts:
(a)
Part 1 – Preliminary;
(b)
Part 2 – Applying for review;
(c)
Part 3 – General conduct and procedure of child support reviews;
(d)
Part 4 – Hearings;
(e)
Part 5 – Evidence; and
(f)
Part 6 – Protection order or family violence history.
1.3
This Practice Direction commences on 14 October 2024 and has effect from that
date. This Practice Direction applies to those applications for review of child
support decisions described at [1.12] below whether lodged before, on or after
this date, and remains in effect until it is superseded or revoked.
1.4
The purpose of this Practice Direction is to make directions about the practice
and procedures relating to applications for review of decisions and the conduct of
proceedings that apply to the review of child support decisions.
1.5
This Practice Direction should be read together with the Administrative Review
Tribunal (Common Procedures) Practice Direction 2024.
1.6
To the extent that this Practice Direction is inconsistent with the Administrative
Review Tribunal (Common Procedures) Practice Direction 2024 in relation to
applications for review of child support decisions, the provisions of this Practice
Direction prevail. However, where this Practice Direction is silent in respect of
any matter, the provisions of the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024 shall apply.
1.7
This Practice Direction does not apply to the extent that it is inconsistent with:
(a)
a provision of the Act or another Act or instrument under which the
Tribunal has powers to review decisions;
(b)
a provision of a regulation made under the Act or another Act; or
(c)
a provision of a rule made under the Act.

Administrative Review Tribunal (Child Support) Practice Direction 2024
1

1.8
If the Tribunal makes a direction in relation to a proceeding that is inconsistent
with this Practice Direction, the Tribunal’s direction applies to that proceeding
and this Practice Direction does not apply, to the extent of the inconsistency.
1.9
A failure by the Tribunal to comply with this Practice Direction does not affect
the validity of anything done by the Tribunal.
1.10  A failure by a party or any other person to comply with this Practice Direction
may have consequences for the progress of the application or the person’s
participation in the review, including dismissal of the application, in accordance
with the provisions of the Act or any other applicable statutory instrument.
Definitions
1.11  In this Practice Direction:
Act means the Administrative Review Tribunal Act 2024.
ART social services decision has the same meaning as under the Act.
child means a person under the age of 18 years.
child support decision means a decision made by the Child Support Registrar
and for which ART review may be sought under section 89 of the CSRC Act.
CSRC Act means the Child Support (Registration and Collection) Act 1988.
Child Support Registrar means the person referred to in section 10 of the
CSRC Act or the agency within which they are an employee.
family violence order means an order (including an interim order) made under
a law of a State or Territory prescribed under the Family Law Regulations 1984
to protect a person from family violence.
First Review means review by the Tribunal of a child support decision.
Member means a member of the Tribunal.
NAATI means the National Accreditation Authority for Translators and
Interpreters.
party means a person referred to in section 22 of the Act or in section 95D of
the CSRC Act, other than the Child Support Registrar.
Presiding Member has the same meaning as under the Act.
personal information means information or an opinion about an identified
individual or an individual whose identity is apparent from the information or
opinion:
(a)
whether the information or opinion is true or not; and
(b)
whether the information or opinion is recorded in material form or
not.

2
Administrative Review Tribunal (Child Support) Practice Direction 2024

protection order includes but is not limited to a family violence order, a
domestic violence order, a restraining order, a protection order, an intervention
order, an apprehended violence order and a workplace protection order.
redact means to obscure or remove sensitive information from a document so
that the sensitive information is no longer visible.
representative means a person who is authorised to represent a party.
Rules means the Rules made under the Act.
statement of reasons has the same meaning as under the Act.
Second Review has the same meaning as under the Act.
Tribunal means the Administrative Review Tribunal.
Tribunal Case Event has the same meaning as under the Act.
Decisions covered by this Practice Direction
1.12  This Practice Direction applies to:
(a)
First Reviews of child support decisions; and
(b)
Second Reviews of ART social services decisions relating to a child
support decision.
Note:   This Practice Direction does not apply to decisions of the Child Support
Registrar made under section 72T of the CSRC Act. For review of
those decisions, refer to the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024.
Part 2.  Applying for review
Making an application for First Review and Second Review
2.1
A person making an application for First Review or Second Review relating to a
child support decision should follow the requirements in relation to how to apply
for a review and the time within which to do so contained in Part 3 of the
Administrative Review Tribunal (Common Procedures) Practice Direction 2024.
2.2
A person may make an application on behalf of the applicant if the Tribunal is
satisfied that the person is:
(a)
a lawyer acting with the authority of the applicant;
(b)
the holder of a power of attorney or equivalent legal instrument
authorising the commencement of legal proceedings on behalf of the
applicant;

Administrative Review Tribunal (Child Support) Practice Direction 2024
3

(c)
the lawfully appointed guardian of the applicant; or
(d)
the executor or administrator of the deceased estate of the applicant.
2.3
Parties may choose another person to represent them in the proceeding (see
section 66 of the Act). Parties who engage a representative must notify the
Tribunal when applying for review the identity of their representative and their
relationship to their representative. A representative for this purpose does not
include a ‘support person’ as described at [4.2] below.
When and how time to apply may be extended
2.4
An applicant may apply to the Tribunal for an order to extend the period in
which the applicant may apply for review of a child support decision. Paragraphs
3.11 to 3.14 of the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024 apply in relation to applications for an extension of
time.
2.5
The Tribunal will only give notice of an extension of time application to the
Child Support Registrar, and will not automatically notify any other party unless
the Tribunal gives a direction to do so under section 19(5) of the Act.
2.6
In most cases, an application for an extension of time will be decided by the
Member without a Tribunal Case Event unless the Tribunal decides otherwise.
Note:   These extension of time provisions do not apply to percentage of care matters.
For care percentage objection decisions, there is no time limit to apply for a
First Review. There is only a time limit to apply from First Review to Second
Review (see sections 18 and 131J of the Act).
Part 3.  General conduct and procedure of child support reviews
3.1
Parties’ obligations when engaging with the Tribunal and any consequences for
not complying with these obligations are set out in Part 2 ‘Obligations of Parties’
of the Administrative Review Tribunal (Common Procedures) Practice Direction
2024.
Note:   Parties to a child support review have a legal obligation to make full and frank
disclosure of their financial position to the Tribunal for the purpose of the
review.
The Child Support Registrar as a party
3.2
The Child Support Registrar is taken to have elected not to participate in the First
Review of a child support decision and, unless ordered to do so by the Tribunal,
will not appear before the Tribunal or otherwise participate in the proceeding.

4
Administrative Review Tribunal (Child Support) Practice Direction 2024

Note:   Ordinarily where parties to a Change of Assessment decision reach an
agreement in a case assessment process, those agreements are sent to the Child
Support Registrar for their view or assessment as to acceptability even though
they are a non-participating party to the First Review.
3.3
The Child Support Registrar is ordinarily expected to participate as a party to any
Second Review relating to a child support decision as this would usually provide
the best assistance to the Tribunal.
3.4
The Child Support Registrar’s obligations to the Tribunal continue whether the
Child Support Registrar is a party or non-participating party in the proceeding:
see paragraph 2.2 of the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024 and section 56 of the Act.
Part 4.  Hearings
How the hearing will be conducted
4.1
If a hearing is held in a proceeding, ordinarily the parties are expected to attend.
Note:   Where there is a history of family violence or a protection order is in force, the
Tribunal may make appropriate alternative arrangements about attendance.
4.2
At least 21 days before a hearing, a party must advise the Tribunal of any person
(other than an interpreter or a representative) the party wants to be present at the
hearing for support and the reasons why it is necessary for that person to provide
support, including any evidence regarding the need for support. Parties should
also advise the Tribunal as soon as possible of any proposed changes to these
arrangements.
4.3
If a protection order against a party is in force, that party will be required to
participate in the hearing by video, telephone or other electronic means unless
the Tribunal decides that the party protected by the protection order is to
participate by video, telephone or other electronic means.
4.4
The Tribunal will not permit a child to be present during a hearing. If a hearing is
proceeding by electronic means, parties are required to immediately inform the
Tribunal if a child is, or becomes, present.
4.5
The Presiding Member will determine how a hearing is to be conducted.
(a)
The Presiding Member may ask questions of the parties or any witnesses
during the hearing.
(b)
Neither a party nor their representative may put questions to another
party or a witness during the hearing.

Administrative Review Tribunal (Child Support) Practice Direction 2024
5

(c)
However, a party or their representative may request that the Presiding
Member put a particular question to another party or a witness during the
hearing.
4.6
The Tribunal will not provide a copy of a recording of the hearing to any party,
unless ordered to do so by a court.
Hearings of First Review applications to be held in private
4.7
All hearings of First Reviews will be held in private, as required by section 95K
of the CSRC Act.
4.8
The Tribunal will make a non-disclosure order under section 70 of the Act at the
earliest opportunity to protect the confidentiality of personal information
acquired through the review.
Consenting to the Tribunal deciding a review without a hearing
4.9
The Tribunal may make a decision without the parties appearing before the
Tribunal at a hearing if the parties consent (see section 106(2) of the Act).
Note:   The process for requesting that the Tribunal decide a review without a hearing is
set out in paragraph 6.6 of the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024.
4.10  If a party consents to the Tribunal deciding the review without a hearing, they
must provide the consent in writing.
4.11  Where a party has a representative, the representative can notify the Tribunal of
the party’s consent to the Tribunal deciding the review without a hearing. That
notice must contain the party’s signature.
4.12  The Tribunal will only determine a review without a hearing if the Tribunal is
satisfied that it can determine the issues on the papers without the parties being
present.
Part 5.  Evidence
Documents provided to the Tribunal
5.1
A document which is not given to the Tribunal in accordance with this Practice
Direction will only be considered with the permission of the Tribunal.
5.2
The Child Support Registrar must give to the Tribunal a copy of the decision to
be reviewed within 3 working days after receiving the Tribunal’s notice of the
application for review.

6
Administrative Review Tribunal (Child Support) Practice Direction 2024

5.3
The Tribunal may require a party to complete a Statement of Financial
Circumstances – Child Support Reviews form. Parties must complete and return
the form within 14 days following receipt of the form.
5.4
A party must lodge any evidence which the party contends supports their claims
within the timeframe specified by the Tribunal. If additional time is required, this
must be communicated to the Tribunal in writing setting out:
(a)
the additional time required;
(b)
the reasons why additional time is required and any documentary
evidence in support of those reasons; and
(c)
the nature of the additional evidence to be provided.
5.5
Where the Tribunal has not specified a date, any document upon which a party,
including the Child Support Registrar, intends to rely at a hearing must be given
to the Tribunal at least:
(a)
14 days before the hearing where no party resides outside Australia; or
(b)
28 days before the hearing where any party resides outside Australia.
5.6
No party, including the Child Support Registrar, should redact any information
contained in any document provided to the Tribunal without the permission of
the Tribunal except for the following:
(a)
any tax file number or passport number;
(b)
any Centrelink client reference number or child support identification
number; or
(c)
the number of the account on a bank statement (including any account to
or from which money is transferred in the bank statement) other than the
last four digits in that account number.
5.7
Where the Child Support Registrar has reason to believe that the health or safety
of a party or another person may be at risk if one or more of the following
categories of information is given to the Tribunal, the Child Support Registrar
may also redact that category (or those categories) of information that gives (or
give) rise to the risk:
(a)
the identity of the other person;
(b)
the residential and postal addresses of the party or the other person;
(c)
the email addresses of the party or the other person;
(d)
the telephone numbers of the party or the other person;

Administrative Review Tribunal (Child Support) Practice Direction 2024
7

(e)
details (such as registration numbers) capable of identifying any vehicles
of the party or the other person;
(f)
the name, ABN and street address of the employer of the party or the
other person; or
(g)
information regarding a residence, business, place or locality which is
capable of being used, on its own or together with other information, to
identify the whereabouts of the party or other person.
Note:   For the avoidance of doubt, where only some of the categories of information
give rise to the risk, only those categories of information can be redacted. For
example, if only an email address of a party gives rise to the risk, only that email
address can be redacted.
5.8
Any document lodged with the Tribunal that is not in English must be
accompanied by a NAATI certified translation into English.
5.9
All documents are to be exchanged by electronic means as set out in paragraphs
2.13(a), (d) and (e) of the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024, unless a party informs the Tribunal and the Child
Support Registrar in writing that they do not consent to receipt by electronic
means.
When disclosure of information is prohibited or restricted
5.10  The Tribunal will ordinarily provide a copy of any document a party gives to the
Tribunal to the Child Support Registrar and to any other party to the review or
their representative.
5.11  The Tribunal will not provide to a party a document which contains the personal
information of another party or the personal information of another person
without that person’s consent.
5.12  If there is a protection order in force to protect a party, or if there are concerns
about the safety of a party due to a history of family violence, the Tribunal will
also redact any other information the Tribunal considers may compromise the
safety of a party or any other person.
5.13  The process for requesting that the Tribunal prohibit or restrict the disclosure of
information is set out in Part 6 of the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024. In addition to those provisions, a party
asking the Tribunal to make an order prohibiting or restricting the disclosure of
information to another party must state why such an order would not adversely
affect the fairness of the review.
5.14  The Tribunal may make a non-disclosure or prohibition order of its own motion.
The Tribunal will make non-disclosure orders under section 70 of the Act at the

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Administrative Review Tribunal (Child Support) Practice Direction 2024

earliest opportunity to protect the confidentiality of personal information
acquired through the review proceeding.
Note:
The Tribunal’s power to make non-disclosure orders under section 70 of the Act
is very broad and includes the power to prohibit or restrict the publication or
other disclosure of information to some or all of the parties to a proceeding.
5.15  After the review is finalised, the Tribunal will not give any person a copy of a
document that was provided to the Tribunal during the course of the review that
contains another person's personal information without that other person's
consent.
Part 6.  Protection order or family violence history
6.1
Parties to a review must advise the Tribunal if there is any history of family
violence between them where no protection order is in force.
6.2
Within 14 days after making, or being notified by the Tribunal of, an application
for review, a party must give to the Tribunal:
(a)
where a party has obtained a protection order against another party to the
review—a copy of that order; or
(b)
where a party has received a protection order that has been obtained
against them—a copy of that order.
6.3
In complying with [6.1] above, the person protected by the protection order
(protected person) must also advise the Tribunal if their whereabouts, including
their residential address, contact details or place of employment, are not known
to the other party.
6.4
Where a party obtains a protection order against another party to the review after
the protected person has made or has been notified of an application for a review
but prior to the hearing, the protected person must give the Tribunal a copy of the
order as soon as practicable.

Administrative Review Tribunal (Child Support) Practice Direction 2024
9

Administrative Review Tribunal (Common
Procedures) Practice Direction 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Practice Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
Part 1.
Preliminary
3
Definitions
4
Practice Directions made in respect of certain jurisdictional areas
6
Part 2.
Obligations of parties
6
Obligations of parties and representatives to assist the Tribunal
6
Communicating with the Tribunal
7
Address for documents
7
Giving documents or things to the Tribunal
8
Giving documents or things to a person or decision maker
9
Giving documents to a person with address for documents
9
Giving documents to individuals
9
Giving documents to corporations
10
Giving documents to government agencies
10
Giving documents to unincorporated associations
10
Time an electronic communication is taken to be given to a person
11
Accessibility
11
Appointment and removal of representative in certain circumstances
12
Part 3.
Applying for review of a decision
13
How to apply for a review
13
Applying for Second Review of an ART social security decision
14
Time for making an application for a review
14
When and how time to apply may be extended
15
Part 4.
General conduct and procedure of reviews
16

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Tribunal documents provided by the decision-maker
16
Requesting a decision under review be stayed
17
Requesting a review be expedited
18
Applying to be made a party
19
Directions hearings and other Tribunal case events
20
Dispute resolution processes
20
Compliance with Tribunal orders and directions
21
Part 5.
Hearings
23
How a hearing may be held
23
Hearings to be held in public except in certain circumstances
24
Consenting to the Tribunal deciding a review without a hearing
25
Setting a hearing date
25
Adjournments
26
Prohibition on cameras and recording devices during Tribunal case events
26
Addressing Tribunal members during a hearing
27
Referral of matters to the Guidance and Appeals Panel
27
Part 6.
Evidence
27
When publication or disclosure of information is prohibited or restricted
28
Expert evidence
30
Parties may request the Tribunal to issue a summons
30
Implied undertaking
31
Part 7.
Statements of Facts, Issues and Contentions
33
Part 8.
Ending a proceeding
34

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1.6
If the Tribunal makes a direction in relation to a proceeding that is inconsistent
with this Practice Direction, the Tribunal’s direction applies to that proceeding
and this Practice Direction does not apply, to the extent of the inconsistency.
1.7
A failure by the Tribunal to comply with this Practice Direction does not affect
the validity of anything done by the Tribunal.
1.8
A failure by a party or any other person to comply with this Practice Direction
may have consequences for the progress of the application or the person’s
participation in the review, including dismissal of the application or removal of
the non-compliant person as a party to the review, in accordance with the
provisions of the Act or any other applicable statutory instrument.
Definitions
1.9
In this Practice Direction:
Act means the Administrative Review Tribunal Act 2024.
ART social services decision has the same meaning as under the Act.
character decision means a decision reviewable by the Tribunal pursuant to
section 500 of the Migration Act 1958.
decision-maker has the same meaning as under the Act.
eligible social services decision has the same meaning as under the Act.
expedited character decision means a decision made under sections 501 or
501CA of the Migration Act 1958 where the applicant is in the migration zone
at the time of application.
family violence order means an order (including an interim order) made under
a law of a State or Territory prescribed under the Family Law Regulations 1984
to protect a person from family violence.
Guidance and Appeals Panel has the same meaning as under the Act.
jurisdictional area has the same meaning as under the Act.
list has the same meaning as under the Act.
litigation supporter has the same meaning as under the Act.
Member means a member of the Tribunal.

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Direction 2024

migration decision has the same meaning as reviewable migration decision at
section 338 of the Migration Act 1958 but does not include decisions
reviewable in the Tribunal pursuant to sections 136 and 500 of the Migration
Act 1958.
migration zone has the same meaning as in section 5 of the Migration Act
1958.
NAATI means the National Accreditation Authority for Translators and
Interpreters.
NDIS means the National Disability Insurance Scheme.
Presiding Member has the same meaning as under the Act.
protection decision has the same meaning as reviewable protection decision at
section 338A of the Migration Act 1958 but does not include decisions
reviewable in the Tribunal pursuant to section 500 of the Migration Act 1958.
Registrar means a person appointed as a registrar of the Tribunal under section
237 of the Act or a person engaged under section 90 of the Act to perform
dispute resolution functions.
registry means any registry office of the Tribunal.
Rules means the Rules made under the Act.
Second Review has the same meaning as under the Act.
small business taxation assessment decision has the same meaning as in the
Taxation Administration Act 1953.
social security decision means a decision that the Tribunal has jurisdiction to
review under the A New Tax System (Family Assistance) (Administration) Act
1999, Paid Parental Leave Act 2010, Social Security Act 1991, Social Security
(Administration) Act 1999, Child Support (Registration and Collection) Act
1988 or Student Assistance Act 1973.
taxation decision has the same meaning as in the Taxation Administration Act
1953.
Tribunal means the Administrative Review Tribunal.
Tribunal case event has the same meaning as in the Act.

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Practice Directions made in respect of certain jurisdictional areas
1.10  In addition to this Practice Direction, specific practice directions have been made
in respect of:
(a)
Review of migration decisions, protection decisions and character
decisions;
(b)
Review of most child support decisions;
(c)
Review of freedom of information decisions; and
(d)
The Guidance and Appeals Panel.
Note:   Paragraph 1.12 of the Administrative Review Tribunal (Child Support)
Practice Direction 2024 sets out the child support decisions which are covered
by that practice direction.
1.11  Parties with applications in any of the jurisdictional areas covered by the practice
directions set out at paragraph 1.10 above should read the practice direction
which relates to that area as it may contain important information in respect of
strict time limits and other requirements on parties which may differ from those
contained in this Practice Direction. To the extent that any practice direction set
out at 1.10 above is inconsistent with this Practice Direction, the provisions of
that practice direction prevails.
Part 2. Obligations of parties
2.1
Part 2 of this Practice Direction applies to applications for review in all
jurisdictional areas, subject to the modifications and limitations contained in this
Part and/or other practice directions (see paragraphs 1.10 and 1.11 above).
Obligations of parties and representatives to assist the Tribunal
2.2
Section 56 of the Act requires all parties and their representatives before the
Tribunal to use their best endeavours to assist the Tribunal in achieving its
objective under section 9 of the Act and to assist the Tribunal to make the correct
or preferable decision in relation to a review.
2.3
By acting in accordance with this Practice Direction, parties can assist the
Tribunal to fulfil its objective.

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Communicating with the Tribunal
2.4
Parties and their representatives must provide the Tribunal with a current
telephone number and email address, unless neither the party nor the
representative have access to a telephone or the internet.
2.5
The Tribunal will send documents and notices about an application for review to
the most recent email address provided in connection with the review, unless the
Tribunal determines otherwise.
2.6
Where a litigation supporter is appointed, the Tribunal will communicate with
the litigation supporter and the representative of the party (where a representative
has been appointed).
2.7
Parties must not contact, or communicate with, Members other than during a
hearing, including a directions hearing. At all other times, contact or
communication may only be made through Tribunal staff or Registrars.
2.8
Substantive communications between the Tribunal and a party should be copied
to all other participating parties, unless a confidentiality application or order is in
place or there is another legal reason for not doing so.
Note:
Where a family violence order or other court order is in place prohibiting
one party from contacting another, correspondence should not be copied to
that other party.
Address for documents
2.9
An applicant must include their address for documents when making their
application.
Note:
If the applicant does not do so, any address shown in the application or an
address for documents later notified to the Tribunal is taken to be the
applicant’s address for documents.
2.10  Each other party to the proceeding must give the Tribunal an address for
documents within 28 days after being given notice of the application
Note:
Sections 18 to 22 of the Child Support (Assessment) Regulations 2018 deal
with service of certain kinds of documents and the address for documents.

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2.11  A person who is not a party to the proceeding may give the Tribunal an address
for documents.
2.12  If a person wishes to change their address for documents, the person must tell the
Tribunal about the change.
Giving documents or things to the Tribunal
2.13  Except where expressly stated otherwise in this Practice Direction, a document
or thing may be lodged with, or given to, the Tribunal by:
(a)
submitting it using the Tribunal online system accessible via the Tribunal
website (www.art.gov.au);
(b)
giving it to a staff member or Registrar of the Tribunal at a registry;
(c)
sending it by pre-paid post or reply-paid post to a registry;
(d)
emailing it to the email address of a registry; or
(e)
using a digital file transfer method approved by the Tribunal.
2.14  For the purposes of paragraphs 2.13 above and 3.2 below, contact details for
each registry, and guidelines that should be followed when sending an email to
the Tribunal, can be found on the Tribunal website at www.art.gov.au.
2.15  Except where expressly stated otherwise in any Act conferring powers upon the
Tribunal, the Tribunal is taken to have received a document or thing given to it:
(a)
when submitting it using the Tribunal online system accessible via the
Tribunal website (www.art.gov.au) or approved digital file transfer—
immediately;
(b)
when giving it to a staff member or Registrar of the Tribunal at a
registry—immediately;
(c)
when sending it by pre-paid post or reply-paid post to a registry—at the
end of the day the document is received at a registry of the Tribunal; or
(d)
when emailing to a registry—at the end of the day it was sent.

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Direction 2024

Giving documents or things to a person or decision maker
2.16
For subsection 290(2) of the Act, paragraphs 2.9 to 2.24 set out the manner in
which a document is to be given to a person for the purposes of a proceeding
before the Tribunal.
2.17
Paragraphs 2.13 to 2.24 do not apply to the extent to which the Act or another
enactment specifies how a document is to be given to a person for the purposes
of a proceeding before the Tribunal.
Note: For methods of giving and receiving documents that apply in a review of
a reviewable migration decision or a reviewable protection decision, see
Part 5, Division 7 of the Migration Act 1958 and Part 5 of the Migration
Regulations 1994.
2.18
A document is to be given to the person:
(a)
if the Tribunal has ordered that the document be given in a specified
manner—in accordance with the order; or
(b)
in accordance with paragraphs 2.19 to 2.24 as applicable.
Giving documents to a person with address for documents
2.19
If a person has an address for documents, a document may be given to the person
by:
(a)
leaving the document in a sealed envelope addressed to the person at that
address; or
(b)
sending the document by pre-paid post addressed to the person at that
address; or
(c)
sending the document to a fax number, email address or other electronic
address included in the person’s address for documents.
Giving documents to individuals
2.20
A document may be given to an individual by:
(a)
handing the document to the individual; or
(b)
putting the document down in the individual’s presence and telling the
individual the general nature of the document; or
(c)
sending the document by pre-paid post addressed to the individual to the
last known address of the place of residence or business of the
individual; or

Administrative Review Tribunal (Common Procedures) Practice
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Direction 2024

(d)
leaving the document in a sealed envelope addressed to the individual at
the last known address of the place of residence or business of the
individual.
Giving documents to corporations
2.21
A document may be given to a corporation:
(a)
by leaving the document in a sealed envelope addressed to the
corporation at the head office, a registered office or a principal office of
the corporation; or
(b)
by sending the document by pre-paid post addressed to the corporation to
the head office, a registered office or a principal office of the
corporation; or
(c)
if the corporation is a company within the meaning of section 9 of
the Corporations Act 2001—in any way allowed by section 109X of that
Act; or
(d)
in any other way that is allowed under:
(i)
a law of the Commonwealth or of the State in which the
document is to be given; or
(ii)
a Norfolk Island enactment if the document is to be given in
Norfolk Island.
Giving documents to government agencies
2.22
A document may be given to a government agency by:
(a)
sending the document by pre-paid post addressed to the agency; or
(b)
leaving the document in a sealed envelope addressed to the agency at an
office of the agency.
Giving documents to unincorporated associations
2.23
A document may be given to a person representing an unincorporated association
by:
(a)
sending the document by pre-paid post addressed to the association; or
(b)
leaving the document in a sealed envelope addressed to the association:
(i)
at the association’s principal place of business or principal
office; and
(ii)
with a person who is apparently an officer of, or in the service
of, the association.

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Direction 2024

Time an electronic communication is taken to be given to a person
2.24  For the purposes of paragraph 2.19(c) of this Practice Direction, a document
given to a person by means of an electronic communication is taken to have been
given on the day the electronic communication was sent.
Note:   See section 29 of the Acts Interpretation Act 1901 for the time at which
a document given by post is taken to have been given.
Accessibility
1.1
Parties may request an interpreter, adjustments or other assistance to participate
in proceedings. Requests should be made as early as possible.
1.2
The Tribunal will consider any requests under 2.25 above and any requirements
set out in the Act and decide what is appropriate on a case-by-case basis.
1.3
Adjustments may be provided:
(a)
where any specific supports or arrangements are required to enable a
person to effectively participate in the review, having regard to the
diverse needs and broad range of applicants. For example, if a person is
deaf or has a hearing or speech impairment, the Tribunal may use the
National Relay Service to communicate with the person and arrange for a
hearing loop if required;
(b)
where the Tribunal has been advised that there is a history of family
violence between a party and another party, witness or other person
attending a hearing (noting that there is an obligation to advise the
Tribunal if there is any history of family violence between the parties in
reviews of social security decisions where there are parties other than the
applicant and the decision-maker); or
(c)
where a person requires an interpreter, including an AUSLAN
interpreter, for communication with the Tribunal or understanding
evidence and submissions given to the Tribunal.
1.4
Requests can be made using one of the methods specified at 2.13 above. or by
telephoning the registry using the contact details specified at www.art.gov.au.
1.5
A request for an interpreter should specify the required language and/or dialect.

Administrative Review Tribunal (Common Procedures) Practice
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Direction 2024

1.6
The Tribunal may appoint an interpreter either by request from a party or on its
own initiative.
1.7
Where the Tribunal decides an interpreter is required, it will arrange for an
independent NAATI accredited interpreter where available. Representatives,
relatives and friends will not generally be allowed to act as interpreters.
1.8
A person who is dissatisfied with the quality of interpreting at a hearing should
tell the Tribunal immediately.
Appointment and removal of representative in certain circumstances
1.9
A party to a proceeding may choose another person to represent them. The
Tribunal can order that a person can no longer be represented by their
representative where the Tribunal is satisfied that:
(a)
the representative has a conflict of interest in representing the person;
(b)
the representative is not acting in the best interests of the person;
(c)
representation by the representative presents a safety risk to any person;
(d)
representation by the representative presents an unacceptable privacy
risk to any person; or
(e)
the representative is otherwise impeding the Tribunal.
1.10  Generally, the Tribunal will invite a person to comment, or have their
representative comment on their behalf, before making an order that their
representative no longer represents them in the proceeding.
1.11  In deciding whether to make an order that a representative no longer represent a
person under 1.9 above, the Tribunal may consider:
(a)
the ability of the person to participate in the proceedings if they are no
longer represented by the representative;
(b)
the availability of alternative representation;
(c)
whether measures can be put in place which may mitigate the concerns
of the Tribunal if the representative is allowed to continue; and
(d)
whether adjustments can be made to enable the person to effectively
participate without the representative.

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Direction 2024

Part 3. Applying for review of a decision
3.1
Part 3 of this Practice Direction applies to applications for review in all
jurisdictional areas, subject to the modifications and limitations contained in this
Part and/or other practice directions (see paragraphs 1.10 and 1.11 above).
How to apply for a review
3.2
An application for review of a decision, other than a migration decision or a
protection decision, may be made by:
(a)
completing and submitting the electronic application form accessible
from the Tribunal website at www.art.gov.au;
(b)
downloading and completing the paper form accessible from the
Tribunal website at www.art.gov.au and:
(i)
posting, or otherwise delivering it to a registry specified on the
Tribunal website at www.art.gov.au; or
(ii)
emailing it to an email address of a registry; or
(c)
letter—that includes the details set out at 3.3 below and a copy of the
decision sought to be reviewed (if available)—which is:
(i)
posted or otherwise delivered to a registry specified on the
Tribunal website at www.art.gov.au; or
(ii)
emailed it to an email address of a registry.
3.3
The following details must be included in any type of application for review
referred to at 3.2 above:
(a)
the applicant’s name;
(b)
contact details of the applicant or their representative;
(c)
the nature of the decision sought to be reviewed;

(d)
the date of the decision;
(e)
the date the applicant received the decision; and

Administrative Review Tribunal (Common Procedures) Practice
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Direction 2024

(f)
the reasons why the applicant says the decision should be reviewed.
Note:   The process for applying for review of a migration decision or a protection
decision is set out in the Administrative Review Tribunal (Migration,
Protection and Character) Practice Direction 2024. Paragraphs 3.2 above to
3.8 below do not apply to those reviews.
3.4
Failure to include the information set out at paragraph 3.3(c) to (f) above will not
invalidate an application, but may affect its progress. For example, an application
that does not contain the date of the decision may not progress until the Tribunal
can identify the decision that is the subject of the application.
3.5
Where the Tribunal requires further information from a party to progress an
application for review, the Tribunal may request the party to provide that
information in writing.
3.6
For review of social security decisions (except for applications under the Paid
Parental Leave Act 2010) and decisions made by the National Disability
Insurance Agency, an application may also be made by telephoning the registry
using the contact details referred to at 2.14 above and providing the application
information set out at 3.3 above to staff of the Tribunal.
3.7
If an application fee is payable, the fee must be paid within the time prescribed
by the Rules. The Tribunal may dismiss an application for review if the fee is not
paid within the time prescribed by the Rules.
3.8
An applicant may be eligible for a fee reduction. Applicants applying through the
online application form may apply for a fee reduction using that form. A form for
fee reduction is also available on the Tribunal website at www.art.gov.au.
Applying for Second Review of an ART social security decision
3.9
An application for a Second Review of an ART social security decision is to be
made in the same manner as an application for a first review of an eligible social
services decision.
Time for making an application for a review
3.10  Applications for review must be made within the period prescribed in the Rules
or by an Act or instrument under which the Tribunal has power to review the
decision.

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3.11  If no period is prescribed, the application for review must be made within a
period the Tribunal considers reasonable unless there are special circumstances
that justify the Tribunal reviewing the decision (see section 20 of the Act).
Note:    The time for applying for review of a migration decision, a protection
decision or an expedited character decision is set out in the Administrative
Review Tribunal (Migration, Protection and Character) Practice Direction
2024.
When and how time to apply may be extended
3.12  An applicant may apply to the Tribunal for an order to extend the period in
which they may apply for review of a decision, unless a provision of the Rules or
an Act or instrument under which the Tribunal has powers to review the decision
provides otherwise.
Note:
The Tribunal cannot extend the time for filing an application seeking
review of:
(a)
an application by an employer for first review of a paid parental
leave decision;
(b)
a migration decision;
(c)
a protection decision; or
(d)
an expedited character decision.
3.13  Applications for an extension of time, where available, may be made by any of
the following means:
(a)
completing and submitting the electronic application form accessible
from the Tribunal website at www.art.gov.au;
(b)
downloading and completing the paper form accessible from the
Tribunal website at www.art.gov.au and:
(i)
posting, or otherwise delivering it to a registry specified on the
Tribunal website at www.art.gov.au; or
(ii)
emailing it to an email address of a registry;
(c)
letter, which is:
(i)
posted, or otherwise delivered to a registry specified on the
Tribunal website at www.art.gov.au; or

Administrative Review Tribunal (Common Procedures) Practice
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Direction 2024

(ii)
emailed to an email address of a registry.
3.14  The Tribunal may give, or require the applicant to give, a copy of the application
for an extension of time to a person the Tribunal considers is affected by the
application.
3.15  A party who receives notice of an application for an extension of time must
notify the Tribunal within 14 days if they wish to oppose the application for an
extension. The Tribunal may refuse an extension of time even if the granting of
the extension is not opposed by any other party.
Part 4. General conduct and procedure of reviews
4.1
Part 4 of this Practice Direction applies to applications for review in all
jurisdictional areas, subject to the modifications and limitations contained in this
Part and/or other practice directions (see paragraphs 1.10 and 1.11 above).
Tribunal documents provided by the decision-maker
4.2
The documents which are required to be given to the Tribunal by a
decision-maker on commencement of a review under the Act or another
enactment must:
(a)
be in a text-searchable PDF;
(b)
be organised chronologically;
(c)
remove duplicate documents where not required for context;
(d)
be paginated; and
(e)
be provided with an index.
4.3
If a party applies to the Tribunal under section 28 of the Act to adjust the time
within which a decision-maker is required by section 23 of the Act to give
documents to the Tribunal, that party must notify any other parties of that
application, as soon as possible after the application is made.
Note 1:
A decision-maker is not required to give documents to the Tribunal
pursuant to section 23 of the Act where the decision under review is a
migration decision, a protection decision or an expedited character
decision.

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Note 2:   Section 23 of the Act does not apply in relation to an application for review
of a reviewable objection decision. See section 14ZZF of the Taxation
Administration Act 1953 for the requirements on the decision-maker to
give documents to the Tribunal.
4.4
If a decision-maker applies for an order prohibiting or restricting the publication
or other disclosure of a document, they must do so as soon as practicable and
inform any other party as soon as practicable of their application.
Note:
This paragraph does not apply in child support matters covered by the
Administrative Review Tribunal (Child Support) Practice Direction 2024.
Instead, paragraphs 5.10 to 5.14 of the Administrative Review Tribunal
(Child Support) Practice Direction 2024 apply.
4.5
If a decision-maker applies for an order under paragraph 4.3 or 4.4 above, the
Tribunal may reach a decision with or without a Tribunal case event.
Requesting a decision under review be stayed
4.6
Unless a provision of an Act or instrument under which the Tribunal has power
to review the decision provides otherwise, a party may apply for an order staying
or otherwise affecting the operation or implementation of the decision by any of
the following means:
(a)
completing and submitting the electronic application form accessible
from the Tribunal website at www.art.gov.au;
(b)
downloading and completing the paper form accessible from the
Tribunal website at www.art.gov.au and:
(i)
posting, or otherwise delivering it to a registry specified on the
Tribunal website at www.art.gov.au; or
(ii)
emailing it to an email address of a registry; or
(c)
by letter sent by post, email or otherwise delivered to a registry,
including the information set out at 3.3 above, and the reasons why an
order staying (or otherwise affecting) the operation of the decision
should be granted.
Note:
Contact details for each registry can be found on the Tribunal website
at www.art.gov.au.

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4.7
The Tribunal will give the parties a reasonable opportunity to make submissions
before making, varying or revoking an order staying (or otherwise affecting) the
operation of the decision.
Note:   The Tribunal cannot make an order staying the operation of:
(a)
a migration decision;
(b)
a protection decision;
(c)
certain social security decisions that are not eligible social services
decisions; or
(d)
a taxation decision except for a small business taxation assessment
decision.
Requesting a review be expedited
4.8
At any stage of the review process, a party may request that the Tribunal
expedite the review process. The Tribunal will only expedite the review process
if it is satisfied that it is appropriate to do so.
Note:
Some enactments require the Tribunal to expedite certain reviews. They
include the requirement to:
(a)
expedite a hearing in circumstances where Services Australia is
continuing to pay benefits pending the review by the Tribunal;
(b)
make a decision within 84 days for an expedited character decision;
and
(c)
make a decision within 7 working days in relation to certain
bridging visa decisions.
4.9
A request for expedition should be made in writing, set out why the Tribunal
should expedite the review and include any evidence to support the request. The
Request for expedited decision form available from the Tribunal website at
www.art.gov.au may be used to make the request.
4.10  If the Tribunal receives a request for a review to be expedited, it will invite any
other participating party to the review to make a submission on the request.
4.11  The Tribunal will not usually expedite the review process unless:
(a)
all participating parties will be ready to proceed on the date of the
hearing; and
(b)
the Tribunal is satisfied that an expedited review process would not
disadvantage any party.

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4.12  The Tribunal will not adjourn a hearing for a review process that has been
expedited unless there are good reasons.
4.13  Paragraphs 3.12 to 3.14 of the Administrative Review Tribunal (Migration,
Protection and Character) Practice Direction 2024 also apply to requests for
expedition of a migration decision or a protection decision.
Applying to be made a party
4.14  Paragraphs 4.15 to 4.18 below do not apply to applications for review of taxation
decisions, migration decisions, protection decisions and decisions made under
section 501 of the Migration Act 1958.
4.15  The Tribunal may notify a person of their right to apply to be made a party to a
review where it considers that person’s interests may be affected by the decision.
4.16  The Tribunal may make a person, other than the applicant or the decision-maker,
a party to the review if it is satisfied the person’s interests are affected by the
decision and considers it appropriate that the person become a party to the
proceeding. If a person becomes a party to a proceeding, the Tribunal will notify
all parties to the proceeding.
4.17  A person may apply to be made a party by writing to the Tribunal by a method
specified at paragraph 2.13 above and by including:
(a)
the name and contact details of the person applying to be a party;
(b)
the Tribunal reference number (if known);
(c)
the name(s) of the other parties to the review (if known); and
(d)
the reason or reasons for the application to become a party including how
the review may affect their interests.
4.18  A person, other than the applicant or decision-maker, may withdraw as a party to
a proceeding by giving written notice to the Tribunal by a method specified at
paragraph 2.13 above.
Note:   A first review applicant may not be permitted to withdraw from a Guidance
and Appeals Panel proceeding or a Second Review proceeding, in which that
applicant may become a respondent. In such a case, the Tribunal would need
to consider, among other things, whether such a withdrawal would impede the
proper review of the decision the subject of the proceeding.

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Directions hearings and other Tribunal case events
4.19  All parties must act in good faith in relation to the conduct of Tribunal case
events. Where a party is represented at a Tribunal case event, the representative
must be in a position to properly articulate the position of that party and be
mindful of their obligations to the Tribunal.
Note:   The Tribunal expects parties to confer before a directions hearing or other
Tribunal case event with a view to agreeing as far as possible the directions or
orders to be sought.
4.20  The Tribunal may list a directions hearing or other Tribunal case event to discuss
the conduct of a review or to consider non-compliance of a party with a
direction, or to make orders. The orders or directions that may be made include
that the party file and serve a Statement of Facts, Issues and Contentions, witness
statements, and expert and other evidence, where applicable.
Note:   Part 7 below deals with Statements of Facts, Issues and Contentions.
4.21  Parties can also request the Tribunal hold a directions hearing. A party requesting
that a directions hearing be held should make that request in writing and set out
why the directions hearing is required.
Dispute resolution processes
4.22  In some cases where there is more than one participating party, the Tribunal may
list the application for review for a dispute resolution process (such as a
conciliation or a mediation) to facilitate the settlement of the application for
review.
Note:
The parties should refer to the Tribunal’s website for further information
relating to the types of dispute resolution processes undertaken by it:
www.art.gov.au.
4.23  Parties must advise at least two weeks before the date of the dispute resolution
process, the name and position of the person who will attend and who has
authority to settle. At least one of the persons attending must have the authority
to settle.
4.24  Unless prior approval has been granted by the Tribunal, the person authorised to
settle the application for review must be in attendance for the duration of the
dispute resolution process in the same manner as the other attendees.
4.25  If the parties have engaged representatives for the dispute resolution process, the
representative should be in attendance.

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4.26  Before the dispute resolution process, all of the relevant material the parties wish
to rely upon should be in the possession of all parties and the relevant issues
should be clearly defined. All parties must be able to articulate at the dispute
resolution process the basis on which they contend a decision should be made by
the Tribunal in their favour.
Note:   If a party wishes to file a confidential document to assist the Tribunal to
facilitate a resolution of the proceeding, the party may seek an order that the
document not be disclosed to any other party. See paragraphs 6.6 to 6.7
below regarding non-disclosure orders.
4.27  If the parties reach in-principle agreement at the dispute resolution process, the
Tribunal expects that formal resolution of the matter will occur promptly.
4.28  Some types of dispute resolution processes (including conciliations and
mediations) are strictly confidential and nothing that is said by any party during
them can be relied upon by another party as evidence. However, parties may
agree that particular evidence provided at such a dispute resolution process can
be relied on as evidence.
Compliance with Tribunal orders and directions
4.29  All parties must comply with orders and directions made by the Tribunal.
4.30  Representatives must ensure that the representative’s client(s) comply with any
orders or directions made by the Tribunal. For the avoidance of doubt, 4.30
does not affect a party’s obligation to comply with 4.29.
Matters involving more than one participating party
4.31  In matters involving more than one participating party, when a party or the
party’s representative form the view that they will not be able to comply with
an order or direction made by the Tribunal, the party must, within the specified
period, write to the Tribunal and:
(a)
request further time to comply with the Tribunal’s order or direction;
(b)
explain the reasons for requesting further time; and
(c)
inform the Tribunal whether each other participating party consents to or
opposes the request, unless they are prohibited from contacting the other
party.

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All matters
4.32  Parties should not assume that a requested extension of time for compliance with
an order or direction made by the Tribunal will be granted, even if the extension
is consented to by all participating parties. The Tribunal will generally take into
account the following factors in deciding whether to grant an extension:
(a)
the reasons provided for not complying with the order or direction;
(b)
the amount of notice provided in requesting the extension;
(c)
whether there have been other delays in progressing the application for
review;
(d)
whether any prior extension of time has been granted;
(e)
whether granting the extension of time will result in any Tribunal case
event needing to be rescheduled;
(f)
the length of additional time requested;
(g)
the effect the requested extension of time would have on the resources of
the Tribunal and other Tribunal users; and
(h)
any other factor the Tribunal considers is relevant.
4.33  In the event of non-compliance with an order or direction by an applicant or the
applicant’s representative, the Tribunal may:
(a)
require further information from the applicant or the applicant’s
representative as to the non-compliance including, for example, a signed
statement setting out the steps taken to comply;
(b)
dismiss the application for review in accordance with section 100 of the
Act;
(c)
remove the applicant’s representative in accordance with section 66 of
the Act on the basis that they are not acting in the best interests of the
applicant or on the basis that the applicant’s representative is otherwise
impeding the Tribunal;
(d)
if the Tribunal considers that the issues for determination in the
proceeding can be adequately determined in the absence of the parties to
the proceeding—make a decision without a hearing in accordance with
section 106(5) of the Act; or

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(e)
take any other action the Tribunal considers appropriate.
4.34  In the event of non-compliance with an order or direction by a respondent or the
respondent’s representative the Tribunal may:
(a)
require further information from the respondent or the respondent’s
representative as to the non-compliance including, for example, a signed
statement setting out the steps taken to comply;
(b)
remove the respondent as a party from the application for review in
accordance with section 83(3) of the Act;
(c)
remove the respondent’s representative in accordance with section 66 of
the Act on the basis that they are not acting in the best interests of the
respondent or on the basis that the respondent’s representative is
otherwise impeding the Tribunal;
(d)
if the Tribunal consider that the issues for determination in the
proceeding can be adequately determined in the absence of the parties to
the proceeding—make a decision without a hearing in accordance with
section 106(5) of the Act; or
(e)
take any other action the Tribunal considers appropriate.
Part 5. Hearings
5.1
Part 5 of this Practice Direction applies to applications for review in all
jurisdictional areas, subject to the modifications and limitations contained in this
Part and/or other practice directions (see paragraphs 1.10 and 1.11 above).
How a hearing may be held
5.2
The Tribunal may hold a hearing:
(a)
in person;
(b)
by video conferencing platform;
(c)
by telephone; or
(d)
by a combination of in person, telephone and/or video.

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5.3
In determining how the hearing will be held, relevant considerations may
include, but are not limited to:
(a)
where the parties, and in particular the applicant, are located and their
distance from a registry;
(b)
any expressed preference from a party and the reasons for that
preference;
(c)
whether any party or representative has an impairment, or any
vulnerabilities, which would make it difficult for them to attend a
registry in person or to participate in a hearing by video or by telephone;
(d)
where there is a history of family violence between a party and another
party, witness or another person attending the hearing, such that at least
one of those persons should participate in a hearing by video or
telephone;
(e)
the nature and complexity of the legal and factual issues to be decided,
including the extent to which the Tribunal may need to assess the
credibility of oral evidence given by the applicant or a witness and of
documentary evidence;
(f)
the number, nature, location and availability of any witnesses; and
(g)
the nature and volume of the documentary evidence.
5.4
There is no entitlement to a particular hearing method.
Hearings to be held in public except in certain circumstances
5.5
Except where otherwise required by law or a direction made under the Act, the
Tribunal hearings are held in public.
Note:   Hearings of the following review types must, by law, be held in private:
(a)
review of a decision under the social security law within the meaning
given by the Social Security Act 1991;
(b)
review of a decision under the family assistance law within the
meaning given by the A New Tax System (Family Assistance)
(Administration) Act 1999;
(c)
first review of a decision under the Child Support (Assessment) Act
1989 or the Child Support (Registration and Collection) Act 1988;
(d)
review of a decision under the Paid Parental Leave Act 2010;

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(e)
review of a decision in the Intelligence and Security jurisdictional area;
(f)
review of a protection decision; and
(g)
review of a taxation decision where a party has requested that a hearing
be in private under section 14ZZE of the Taxation Administration Act
1953.
5.6
The Tribunal may direct by order that a hearing, or part of a hearing, be held in
private and give directions in relation to who may be present.
5.7
If a party wishes that a hearing, or part of a hearing, be held in private the party
must make an application in writing to the Tribunal advising of the reasons why
the hearing should be held in private.
Consenting to the Tribunal deciding a review without a hearing
5.8
The Tribunal may make a decision without holding a hearing if the parties
consent.
5.9
Where a party has a representative, the representative should notify the Tribunal
of the party’s consent to the Tribunal deciding the review without a hearing by
completing the Consent to the Tribunal Deciding the Review Without a Hearing
form.
Setting a hearing date
5.10  Where a hearing is required, the Tribunal will set a hearing date.
5.11  In applications involving more than one participating party (other than
applications for review of character decisions):
(a)
Prior to a hearing date being set, represented parties may be required to
file a hearing certificate identifying proposed witnesses, availability of
the party and the representatives, and the anticipated length and mode of
the hearing. The Tribunal may also require unrepresented parties in such
matters to file a hearing certificate. If a party fails to provide the hearing
certificate within the time specified, the Tribunal may set the hearing
date without further consultation.
(b)
Witnesses should not be required for cross-examination unnecessarily
and generic formulations such as requiring for cross-examination ‘all
witnesses on which the other party intends to rely’ are not appropriate.

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(c)
If a statement from a witness is included in the documents filed for the
purposes of the hearing and a party contends that the statement should be
given weight, that should be made clear prior to the hearing to give the
other party an opportunity to consider whether that witness should be
made available for cross-examination at the hearing.
Adjournments
5.12  The Tribunal will not adjourn a hearing date unless it considers that there are
good reasons to justify the adjournment. In general, the following matters are
not, of themselves, sufficient reasons for an adjournment to be granted:
(a)
the unavailability of counsel or representation; and
(b)
the consent of any other participating party.
5.13  An application for an adjournment should be made in writing to the Tribunal at
the earliest opportunity and set out the reasons for seeking an adjournment, the
period sought, and be accompanied by any documents that support the
application. An application for an adjournment on the basis that the parties are
close to settling the proceeding should specify a date by which they expect to
formally resolve the proceeding.
5.14  An application for an adjournment made within 10 days of a hearing is unlikely
to be granted unless there are good reasons for doing so.
5.15  If the Tribunal grants an adjournment, the Tribunal will seek to re-list the matter
for hearing as soon as practicable afterwards.
Prohibition on cameras and recording devices during Tribunal case events
5.16  The use of cameras and audio or video recording or transmission devices in
Tribunal case events is strictly prohibited without the express permission of the
presiding member or Registrar.
5.17  Mobile phones are not to be used in Tribunal hearing rooms for the purpose of
communicating with any person. They must be switched off or switched to silent
mode before entering a hearing room where a matter is to be, or is being, heard.
This includes hearings where parties are appearing remotely.
5.18  The use of transcription software is not to be used during a Tribunal case event
without the express permission of the Presiding Member or Registrar.

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Addressing Tribunal members during a hearing
5.19  In general, parties should address a Tribunal member by:
(a)
their title (e.g. Deputy President, Senior Member or Member);
(b)
their name (e.g. Ms Smith); or
(c)
a combination of both (e.g. Senior Member Smith).
5.20  Where a member of the Tribunal is a judge, they should be addressed as ‘Your
Honour’.
Referral of matters to the Guidance and Appeals Panel
5.21  The practices and procedures applicable to the referral to, and conduct of,
matters before the Guidance and Appeals Panel are set out in the Administrative
Review Tribunal (Guidance and Appeals Panel) Practice Direction 2024.
Part 6. Evidence
6.1
Part 6 of this Practice Direction applies to applications for review in all
jurisdictional areas, subject to the modifications and limitations contained in this
Part and/or other practice directions (see paragraphs 1.10 and 1.11 above).
6.2
In general, all evidence relevant to a matter before the Tribunal must be:
(a)
identified as early as possible in the review process;
(b)
lodged with the Tribunal in accordance with any directions made by the
Tribunal in respect of each case; and
(c)
in English, or accompanied by a NAATI certified translation into
English. The Tribunal may not accept any evidence that is not in English
without a certified translation.
6.3
The Tribunal may require the author of any documents submitted as evidence to
give oral evidence if the Tribunal is unable to accept the document without
hearing from them.

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6.4
Where there is more than one participating party to the review:
(a)
The Tribunal will not normally permit the tender of any evidence (with
the exception of summonsed material) which an opposing party has not
been given notice of prior to the hearing. If, after the giving of evidence
is completed, either party identifies a need to rely upon additional
evidence, the Tribunal’s permission should be sought at the earliest
possible opportunity.
(b)
If a party has submitted a witness statement or a report from a witness,
and the other party or the Tribunal has indicated that it wishes to cross-
examine that witness, the party who has submitted the witness statement
or report is responsible (administratively and financially) for making the
witness available at the hearing. If the party does not make the witness
available, this may lead to the statement or report:
(i)
being excluded entirely;
(ii)
being admitted but given less weight than the evidence of other
witnesses who were made available for cross-examination; or
(iii)  being admitted but given no weight at all.
6.5
Unless the Tribunal has given permission to give written submissions or other
documents after a hearing has concluded, or the documents are required or
permitted by law, such documents will not usually be taken into account.
When publication or disclosure of information is prohibited or restricted
6.6
A party may apply in writing to the Tribunal for a direction by order prohibiting
or restricting the disclosure or publication of information:
(a)
tending to reveal the identity of or otherwise concerning:
(i)
a party to or witness in a proceeding in the Tribunal; or
(ii)
any person related to or otherwise associated with any party to or
witness in a proceeding in the Tribunal;
(b)
concerning a party, witness or other person; or
(c)
relating to a proceeding in the Tribunal that is either:
(i)
information that comprises evidence or information about
evidence; or

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(ii)
information given to the Tribunal.
6.7
The Tribunal may also make a non-disclosure or prohibition order on its own
initiative.
Note 1:
The Tribunal will make a non-disclosure order under section 70 of the
Act at the earliest opportunity to protect the identity of a child participant
or child applicant in a review of a decision under the National Disability
Insurance Scheme Act 2013.
Note 2:
Noting the volume and sensitive nature of the information in documents
relating to review of social security decisions, the agency party may,
without applying for a non-disclosure order under section 70 of the Act,
redact information from a document that is to be provided pursuant to
Part 3, Division 4, Subdivision B of the Act, that:
(a)
is about a person (other than a party) that is not in any way related
to the decision under review; or
(b)
where there is more than one non-agency party to the proceeding -
discloses a party’s tax file number, passport number, residential
address, email address, telephone number, social services
reference or identification number, or bank account number (other
than the last four digits in that account number).
The authorisation set out in this note will be reviewed within 6 months of
the making of this Practice Direction.
6.8  Any protection decision, character decision or bridging visa decision relating to a
protection visa, or any social security decision that is published will be given a
pseudonym, and relevant identifying information omitted.
Note 1:
The Migration Act 1958 does not permit the Tribunal to publish any
information of a person, or a relative or other dependent of a person,
who:
(a)
has applied for a protection visa (including a protection-related
bridging visa); or
(b)
is seeking review of the cancellation of a protection visa
(including a protection-related bridging visa).
Note 2:
The Tribunal may publish reasons for decision on review of a social
security decision that does not include information that may identify a
party to a review, or a person related or associated with a party, or a
witness in the review. This does not apply to the Secretary of the
Department of Social Services or the Child Support Registrar.
Note 3:
Section 14ZZJ of the Taxation Administration Act 1953 provides that in
taxation decision proceedings, if the hearing is not conducted in public,
the Tribunal must ensure as far as practicable that its reasons are framed
so as not to be likely to enable the identification of the applicant.

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Expert evidence
6.9
Parties who wish to rely upon expert medical or other expert evidence must have
regard to the Tribunal’s Guideline on Persons Giving Expert and Opinion
Evidence. Compliance with the Guideline may be relevant to determining the
weight which may be given to the evidence.
6.10  A party who asks an expert to prepare a report or give evidence at the Tribunal
must ensure that the expert:
(a)
is given a copy of the Guideline; or
(b)
confirms that they already have a copy of the Guideline.
6.11  Paragraphs 6.9 and 6.10 above do not apply to reviews of eligible social services
decisions and Second reviews.
Parties may request the Tribunal to issue a summons
6.12  The Tribunal may, either on the request of a party or on its own initiative,
summon a person to:
(a)
appear before the Tribunal to give evidence; or
(b)
produce any document or thing specified in the summons.
6.13  A request for the Tribunal to issue summons referred to in section 74(3)(a) of the
Act must be in the approved form.
6.14  For the purpose of section 116 of the Act, a summons referred to in section 74 of
the Act is taken to be given to a person named in the summons (the named
person) if the summons is given to the named person:
(a)
in a way mentioned in paragraphs 2.19 to 2.23 of this Practice
Direction as applicable; or
(b)
in a way agreed between the named person and the person giving
the summons; or
(c)
in any other way, if the person giving the summons receives, from
the named person, a written acknowledgement that the named
person has been given the summons.
6.15  The Tribunal may refuse a request to issue a summons.
6.16  A person who is issued with a summons by the Tribunal must comply with that
summons within the period specified in the summons. The period specified must

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be at least 14 days after the date of the summons, unless a shorter period is
agreed to by the person who is being summoned.
6.17  Unless the summons specifies otherwise, a person will comply with 6.12(b)
above by producing the document or thing electronically.
6.18  Where documents are produced electronically, the Tribunal will facilitate
inspection by providing participating parties to the proceeding with copies of
those documents by email. Where inspection cannot be facilitated by email, the
Tribunal will specify in writing how inspection may take place.
6.19  Inspection will not be permitted where:
(a)
the Attorney-General certifies under section 91 of the Act that disclosure
would be contrary to the public interest;
(b)
inspection would otherwise result in a disclosure of information which is
prohibited or restricted by the Act, another Act or an instrument made
under an Act; or
(c)
the Tribunal upholds a notice of objection from the person required to
produce the document or thing or any party to the proceeding.
6.20  An objection for the purposes of 6.19(c) above must state the reasons for the
objection and must be made by completing and submitting the Notice of
Objection form accessible from the Tribunal website at www.art.gov.au.
Implied undertaking
6.21  If a party has obtained a document provided under compulsion in an application
before the Tribunal, the law implies that the parties who have received that
document have given an undertaking that the document will not be used for any
purpose other than the purpose for which it was given to the Tribunal unless:
(a)
the document was received in evidence by the Tribunal in a public
hearing of the application for review and there is no restriction on the
publication or disclosure of the document by an order of the Tribunal or
by another statutory provision; or
(b)
the Tribunal gives a party or parties permission to use the document for
another purpose.
6.22  The implied undertaking applies to:

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(a)
documents produced under sections 23 and 25 of the Act;
(b)
documents lodged pursuant to a direction given by the Tribunal
(including expert reports or witness statements); and
(c)
documents produced in response to a summons issued by the Tribunal.
6.23  The implied undertaking continues even after an application for review has been
finalised. A breach of the implied undertaking by using the document or
documents for another purpose may have serious legal consequences.
6.24  Documents which are provided to the Tribunal in one application for review may
be used in another application for review if:
(a)
the applications have been lodged by the same applicant and are
currently before the Tribunal; and
(b)
the Tribunal has determined that these applications should be dealt with
together.
6.25  If a party wishes to use a document subject to the implied undertaking for
another purpose, including a document that was given to the Tribunal in an
application for review that has been finalised, they must make a request to the
Tribunal for permission to be released from the implied undertaking. The request
must:
(a)
be in writing;
(b)
specify with particularity the documents in relation to which release is
sought;
(c)
explain clearly:
(i)
the reasons for release from the implied undertaking;
(ii)
who will use the documents; and
(iii)  the purpose for which the document will be used; and
(d)
if possible, specify whether the person to whom the documents relate
consents to the release from the implied undertaking.
6.26  Unless there is a good reason not to do so, a copy of the request must be sent to
any other party or parties to the application in which the documents were
originally provided. The Tribunal may direct that a copy of the request be sent to

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the other party or parties to the application for review in which the documents
were originally provided before making a decision on the request.
6.27  A request to be released from the implied undertaking may be determined with or
without a Tribunal case event.
Part 7. Statements of Facts, Issues and Contentions
7.1
The Tribunal may order parties to lodge a Statement of Facts, Issues and
Contentions. Any Statement of Facts, Issues and Contentions filed by a party
must be divided into three parts, entitled, ‘Facts’, ‘Issues’ and ‘Contentions’.
7.2
The part entitled ‘Facts’ should:
(a)
set out the relevant facts which the party contends are necessary to
determine the application for review, in chronological order; and
(b)
refer to other material before the Tribunal which, the party states,
supports the relevant facts.
7.3
The part entitled ‘Facts’ should not contain opinions.
7.4
The part entitled ‘Issues’ should:
(a)
refer to the issues which, in that party’s opinion, are necessary for the
Tribunal to determine; and
(b)
use neutral language.
Note:
In reviews of taxation decisions, the respondent should state with precision
the extent, if any, to which the respondent agrees to confine the issues in
dispute.
7.5
The part entitled ‘Contentions’:
(a)
should explain the conclusions that the party argues the Tribunal should
make, and why those conclusions should be made;
(b)
may refer to facts which are disputed and explain why one version of
events should be accepted and not another;
(c)
should refer to cases and legislation when appropriate; and

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(d)
should set out the type of decision under section 105 of the Act that the
party argues the Tribunal should make.
Part 8. Ending a proceeding
8.1
Once the Tribunal has made a decision which finally determines all outstanding
issues in a matter, the Tribunal no longer has the power to make any further
orders. However, if a party becomes aware of any obvious error in the text of a
decision or statement of reasons, the party should bring that error to the attention
of the Tribunal.
8.2
Where the Tribunal has given reasons for its decision in accordance with the Act,
the Tribunal will not provide any further explanation of the decision.

34
Administrative Review Tribunal (Common Procedures) Practice

Direction 2024

Administrative Review Tribunal (Freedom of
Information) Practice Direction 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Practice Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
Part 1.
Preliminary
1
Definitions
2
Decisions covered by this Practice Direction
3
Part 2.
General conduct and procedure of reviews of FOI Decisions
3
Part 3.
Procedures relating to the documents in issue
4
Provision of documents in issue
4
Provision of the schedule of documents in issue
5
Non-disclosure of certain matters
5
Return of documents in issue
6
Transfer of request for access to documents between agencies
6
Part 4.
Confidential evidence and submissions, closed hearings and
confidential reasons
6
Part 5.
Inspector-General of Intelligence and Security to give evidence in
certain proceedings
7

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Administrative Review Tribunal (Freedom of Information) Practice Direction 2024

Part 1.  Preliminary
1.1
This Practice Direction is made under section 36(1) of the Administrative Review
Tribunal Act 2024 (Act).
1.2
This Practice Direction is arranged in 5 Parts:
(a)
Part 1 – Preliminary;
(b)
Part 2 – General conduct and procedure of reviews of FOI Decisions;
(c)
Part 3 – Procedures relating to documents in issue;
(d)
Part 4– Confidential evidence and submissions, closed hearings and
confidential reasons; and
(e)
Part 5 – Inspector-General of Intelligence and Security to give evidence
in certain proceedings.
1.3
This Practice Direction commences on 14 October 2024 and has effect from that
date. This Practice Direction applies to all applications for review of FOI
Decisions whether lodged before, on or after this date, and remains in effect until
it is superseded or revoked.
1.4
The purpose of this Practice Direction is to make directions about the practice
and procedures relating to applications for review of FOI Decisions and the
conduct of proceedings that apply to the review of FOI Decisions.
1.5
This Practice Direction should be read together with the Administrative Review
Tribunal (Common Procedures) Practice Direction 2024.
1.6
To the extent that this Practice Direction is inconsistent with the Administrative
Review Tribunal (Common Procedures) Practice Direction 2024 in relation to
applications for review of FOI Decisions, the provisions of this Practice
Direction prevail. However, where this Practice Direction is silent in respect of
any matter, the provisions of the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024 shall apply.
1.7
This Practice Direction does not apply to the extent that it is inconsistent with:
(a)
a provision of the Act or another Act or instrument under which the
Tribunal has powers to review decisions;
(b)
a provision of a regulation made under the Act or another Act; or
(c)
a provision of a rule made under the Act.

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1.8
If the Tribunal makes a direction in relation to a proceeding that is inconsistent
with this Practice Direction, the Tribunal’s direction applies to that proceeding
and this Practice Direction does not apply, to the extent of the inconsistency.
1.9
A failure by the Tribunal to comply with this Practice Direction does not affect
the validity of anything done by the Tribunal.
1.10  A failure by a party or any other person to comply with this Practice Direction
may have consequences for the progress of the application or the person’s
participation in the review, including dismissal of the application, in accordance
with the provisions of the Act or any other applicable statutory instrument.
Definitions
1.11  In this Practice Direction:
access applicant means the person who made the request for access to
documents in respect of which the decision under review was made.
Act means the Administrative Review Tribunal Act 2024.
affected third parties has the same meaning as under the FOI Act.
closed hearing means a hearing that proceeds in the absence of the access
applicant and the access applicant’s representatives.
closed submissions means written submissions which are lodged with the
Tribunal but not disclosed to the access applicant or the access applicant’s
representatives.
decision-maker means the principal officer of the agency, or the Minister, to
whom the request for access to documents under the FOI Act was made.
documents in issue means the documents subject to the decision under review
that are claimed to be exempt.
exempt document has the same meaning as in the FOI Act.
FOI Act means the Freedom of Information Act 1982.
FOI Decisions means those decisions identified at [1.12] below.
Guidance and Appeals Panel has the same meaning as in the Act.
IC Review means a review undertaken by the Information Commissioner.
IC Reviewable Decision has the same meaning as in section 54K of the FOI Act.
Information Commissioner has the meaning given by the Australian
Information Commissioner Act 2010.
Member means a member of the Tribunal.

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open submissions means submissions relating to confidential evidence or a
closed hearing which can be provided to the access applicant or the access
applicant’s representative.
redact means to obscure or remove sensitive information from a document so
that the sensitive information is no longer visible.
representative means a person who is authorised to represent a party.
Rules means the Rules made under the Act.
Tribunal means the Administrative Review Tribunal.
Decisions covered by this Practice Direction
1.12  This Practice Direction applies to:
(a)
decisions made by the Information Commissioner on an IC Review; and
(b)
IC Reviewable Decisions if the Information Commissioner makes a
decision under section 54W(b) of the FOI Act that it is desirable that the
review of the IC Reviewable Decision be undertaken by the Tribunal.
Part 2.  General conduct and procedure of reviews of FOI Decisions
2.1
A person making an application for review of an FOI Decision should follow the
requirements in the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024 except where expressly set out otherwise in this Practice
Direction.
2.2
An application for review of decisions referred to at [1.12(b)] above must be
made within the period starting on the day the decision by the Information
Commissioner is made and ending at the period prescribed by the Rules. For all
other applications paragraphs 3.9 – 3.10 of the Administrative Review Tribunal
(Common Procedures) Practice Direction 2024 apply.
2.3
The access applicant will be a party to the review, even if they did not make the
application to the Tribunal.
2.4
Agencies to which the request for access was made have an obligation to notify
affected third parties that an application has been made to the Tribunal.
2.5
FOI Decisions cannot be referred to the Guidance and Appeals Panel.

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Part 3.  Procedures relating to the documents in issue
3.1
Where the decision-maker claims that a document is an exempt document, the
decision-maker must not include that document with the documents lodged with
the Tribunal under section 23 of the Act.
Note:   The decision-maker must not lodge the documents that are claimed to be exempt
and then request that the Tribunal make a confidentiality order under section 70
of the Act.
Provision of documents in issue
3.2
The decision-maker may elect to lodge the documents in issue, or the Tribunal
may require lodgement, under sections 58E or 64 of the FOI Act.
3.3
The decision-maker should ordinarily lodge the documents in issue, to which
section 64 of the FOI Act applies, 28 days after the decision-maker was given
notice of the application in accordance with section 64(4A) of the FOI Act.
3.4
Before requiring production under section 58E of the FOI Act of a document
claimed to be exempt under section 33, 34 or 45A of the FOI Act, the Tribunal
will advise the parties whether it is satisfied by evidence on affidavit or
otherwise that the document is exempt.
3.5
If the documents in issue include documents that have a security marking and
documents that do not have a security marking, the decision-maker must provide
the documents to the Tribunal in separate bundles, one containing the documents
without a security marking and one containing the documents with a security
marking.
3.6
The bundle of documents in issue without a security marking should be provided
to the Tribunal in accordance with [3.1] to 3.5] above. The bundle of documents
in issue with a security marking should be provided to the Tribunal in accordance
with [3.1] to 3.5] above and [3.7] to 3.8] below.
3.7
When a decision-maker or their representative provides material to the Tribunal
that has a security marking, the decision-maker must:
(a)
contact the Tribunal prior to lodging any such material in accordance
with this Practice Direction; and
(b)
inform the Tribunal of the date, time and method the decision-maker is
proposing to provide such material to the Tribunal (such as by courier)
and confirm the Tribunal is available to receive it.
3.8
The decision-maker must not provide material to the Tribunal which has a
security marking without complying with paragraph 3.7.

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2024

Provision of the schedule of documents in issue
3.9
Except where to do so would disclose the matter claimed to be exempt, the
decision-maker must, not later than 7 days prior to the hearing date or at such
earlier time as directed by the Tribunal, lodge with the Tribunal and give to any
other party a schedule (or schedules) of the documents in issue.
3.10  When preparing the schedule, each document in issue must be numbered
sequentially and each page within a bundle of documents in issue given a page
number.
3.11  The schedule must list the documents in issue sequentially by number and
include the page numbers of the documents. The schedule must provide the
following details in respect of each document, unless to do so would disclose the
matter claimed to be exempt:
(a)
the date of the document;
(b)
the person or persons by whom the document was created and, where
applicable, the person or persons to whom it was directed;
(c)
a description of the nature of the contents of the document so as to
provide an indicative justification for the ground or grounds of
exemption relied upon;
(d)
where applicable, a statement as to the ground or grounds of public
interest relied upon in support of the claim of exemption;
(e)
where the claim of exemption relates only to part of the document, an
indication of the part or parts involved; and
(f)
where a document is a copy of another document for which exemption is
claimed, it should be identified as a copy. The claim(s) of exemption do
not need to be repeated in respect of the copy document.
Non-disclosure of certain matters
3.12  The Tribunal will have regard to the need to avoid disclosing to an access
applicant or their representative exempt documents or exempt matter contained
in a document when considering whether to make orders:
(a)
directing that a hearing or a part of a hearing take place in private;
(b)
directing that a hearing or part of a hearing take place as a closed
hearing; and/or
(c)
restricting the publication or disclosure of:

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(i)
information tending to reveal the identity of a party to or witness
in a proceeding in the Tribunal or any person related to or
otherwise associated with any party to or witness in the
proceeding; and/or
(ii)
information relating to a proceeding in the Tribunal and
comprising of evidence or information about evidence or other
information given to the Tribunal.
3.13  If an order is made restricting the publication or disclosure of information, the
Tribunal will not refer to any of the restricted information in any published
decision.
3.14  If the Tribunal is considering whether it is practicable for a decision-maker to
grant access to a document if redactions are applied, it will invite the decision-
maker to propose relevant redactions and submissions in support.
Return of documents in issue
3.15  Where the Tribunal is satisfied that a document is an exempt document:
(a)
it will not require the decision-maker to produce the document to any
other party to the review; and
(b)
the document will be returned to the decision-maker as soon as
practicable.
Transfer of request for access to documents between agencies
3.16  Where any part of a request for access to documents has been transferred to
another agency pursuant to the provisions of section 16 of the FOI Act, the
referring agency must identify in its statement under section 24(2)(a) of the Act:
(a)
which aspects of the request for access have been transferred;
(b)
the name of the transferee agency; and
(c)
the date on which each such transfer was made.
Part 4.  Confidential evidence and submissions, closed hearings and confidential
reasons
4.1
A closed hearing may be convened to receive confidential submissions or adduce
confidential evidence.

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4.2
Where a decision-maker determines that a confidential affidavit and/or a closed
hearing is necessary to avoid disclosing documents in issue, the decision-maker
must inform the Tribunal and any other party as soon as possible.
4.3
Parties should ensure confidential affidavits or submissions are drafted narrowly
and limited to evidence that would disclose or tend to disclose information
claimed to be exempt so as not to give rise to procedural fairness issues in
circumstances where the access applicant is prevented from accessing this
material.
4.4
The Tribunal may require that the decision-maker provide open and closed
written submissions as to why a confidential affidavit and/or closed hearing is
necessary. If such submissions are ordered, the closed submissions will not be
provided to the access applicant or the access applicant’s representatives.
4.5
When the Tribunal determines that a closed hearing is necessary, that hearing
will be conducted in the absence of the access applicant and the access
applicant’s representatives.
4.6
Whether the Tribunal’s decision is published will be determined in accordance
with the Tribunal’s publication policy. However, the Tribunal will not publish its
statement of reasons where to do so would disclose information, the disclosure of
which is prohibited under the Act or another Act or instrument. In those
circumstances, the Tribunal may make an order restricting the publication, in full
or in part, of the statement of reasons to the Tribunal and the decision-maker.
4.7
The Tribunal may make a temporary order restricting publication, in full or in
part, of the statement of reasons to the Tribunal and the decision-maker to enable
the decision-maker’s representatives to confirm the statement of reasons does not
disclose information, the disclosure of which is prohibited under the Act or
another Act or instrument.
Part 5.  Inspector-General of Intelligence and Security to give evidence in certain
proceedings
5.1
Under section 50A of the Archives Act 1983 and section 60A of the FOI Act, the
Tribunal, before determining that a document is not an exempt document under
section 33 of the Archives Act 1983 or section 33 of the FOI Act, must request
the Inspector-General of Intelligence and Security to appear personally and give
evidence on:
(a)
the damage that would, or could reasonably be expected to, be caused to
the security, defence or international relations of the Commonwealth if
access is given to the document; or

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(b)
whether giving access to the document would divulge information
communicated in confidence by a foreign government, authority or
international organisation.
5.2
In considering whether to make a request under section 50A of the Archives Act
1983 or section 60A of the FOI Act prior to, or at the time of, the decision-maker
giving evidence or making submissions, the Tribunal will have regard to:
(a)
the number and nature of the documents that are claimed to be exempt
under section 33 of the Archives Act 1983 or the FOI Act;
(b)
the extent to which the Tribunal is able to limit the number of documents
in relation to which the Inspector-General will be requested to give
evidence;
(c)
the likely time required by the Inspector-General to:
(i)
advise whether they are qualified to give the evidence; and
(ii)
if qualified, to prepare the requested evidence;
Note: The current Inspector-General has indicated that in determining
whether they are ‘qualified’ to give evidence they will have regard to
their functions under the Inspector-General of Intelligence and Security
Act 1986. Generally, those functions pertain to the oversight of the
Australian Secret Intelligence Service, the Australian Security
Intelligence Organisation, the Defence Signals Directorate, the Defence
Imagery and Geospatial Organisation, the Defence Intelligence
Organisation and the Office of National Assessments.
(d)
the procedural rights of the parties; and
(e)
whether directions for the management of the hearing can be made
consistently with those rights so as to limit the time and resource
demands on the Inspector-General and their office.

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Administrative Review Tribunal (Guidance and
Appeals Panel) Practice Direction 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Practice Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Administrative Review Tribunal (Guidance and Appeals Panel)
1
Practice Direction 2024

Contents
Part 1.
Preliminary
3
Scope and structure
3
Circumstances where matters referred to GAP
4
Definitions
5
Objectives and general principles
6
Part 2.
First Instance Referrals
7
First instance referral on the President’s own initiative
7
First instance referral on request of a party
8
Part 3.
Second Instance Referrals
12
Application to refer a Tribunal decision to the GAP
12
Response to referral application
15
Reply to response opposing referral application
18
Part 4.
Requests for Interlocutory and Ancillary Orders
19
Request for extension of time
19
Request for payment of a concessional fee
20
Request for stay order affecting Tribunal decision
20
Request for oral hearing
22
Part 5.
Discretionary Considerations
22
General discretionary considerations
22
Discretionary considerations – first instance referrals
22
Discretionary considerations – second instance referrals
23
Part 6.
Decisions Regarding Referral
25
Referral decisions usually made without oral hearing
25
Notification of decision to parties
25
Part 7.
General
25
Once a matter is referred
25
If parties reach agreement
26

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Practice Direction 2024

Part 1.   Preliminary
Scope and structure
1.1
This Practice Direction is made under section 36(1) of the Administrative
Review Tribunal Act 2024 (Act).
1.2
This Practice Direction is arranged in 7 Parts:
(a)
Part 1 – Preliminary;
(b)
Part 2 – First instance referrals;
(c)
Part 3 – Second instance referrals;
(d)
Part 4 – Requests for interlocutory and ancillary orders;
(e)
Part 5 – Discretionary considerations;
(f)
Part 6 – Decisions regarding referral; and
(g)
Part 7 – General.
1.3
This Practice Direction commences on 14 October 2024 and has effect from
that date and remains in effect until it is superseded or revoked.
1.4
The purpose of this Practice Direction is to make directions about the
practices and procedures applicable to referral of matters to the guidance
and appeals panel (GAP) established by Part 5 of the Act.
1.5
This Practice Direction does not apply to the extent it is inconsistent with:
(a)
a provision of the Act or another Act or instrument under which the
Tribunal has powers to review decisions;
(b)
a provision of a regulation made under the Act; or
(c)
a provision of a rule made under the Act.
1.6
This Practice Direction should be read in conjunction with the following
practice directions made under section 36 of the Act:
(a)
Administrative Review Tribunal (Common Procedures) Practice
Direction 2024;
(b)
Administrative Review Tribunal (Migration, Protection and Character)
Practice Direction 2024;

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(c)
Administrative Review Tribunal (Child Support) Practice Direction
2024; and
(d)
Administrative Review Tribunal (Freedom of Information) Practice
Direction 2024.
1.7
Where the terms of this Practice Direction are inconsistent with the terms
of another practice direction, the terms of this Practice Direction apply.
1.8
A failure by the Tribunal to comply with this Practice Direction does not
affect the validity of anything done by the Tribunal.
Circumstances where matters referred to GAP
1.9
The Act confers a discretion on the President to refer certain matters for
hearing and determination by the GAP in three circumstances:
(a)
referral under section 122(1) of the Act – where there is no existing
Tribunal decision on an application for review and the President is
satisfied that the application for review raises an issue of significance to
administrative decision making and the referral is appropriate in the
interests of justice. (first instance referral)
(b)
referral under section 128(2)(a) of the Act – where there is an existing
Tribunal decision on an application for review and the President is
satisfied that the Tribunal decision raises an issue of significance to
administrative decision making. (second instance referral based on
administrative significance)
(c)
referral under section 128(2)(b) of the Act – where there is an existing
Tribunal decision on an application for review and the President is
satisfied that the Tribunal decision may contain an error of fact or law
materially affecting the Tribunal decision. (second instance referral
based on a possible error of fact or law)
Note:   In relation to second instance referrals, it is possible for a referral to
include either circumstance (b) or circumstance (c) or both of them in
relation to a Tribunal decision.
1.10  For second instance referrals, in accordance with section 130(2) of the
Act, the Tribunal decision that is reviewed by the GAP is:
(a)
if the Tribunal decision affirmed the original decision-maker’s decision
or sets it aside and remits it for reconsideration by the original decision-
maker — the original decision-maker’s decision;
(b)
if the Tribunal decision varied the original decision-maker’s decision —
the varied decision; or

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(c)
if the Tribunal decision substituted a new decision for the original
decision-maker’s decision — the substituted decision.
Definitions
1.11  In this Practice Direction:
applicant for review means a party applying to the Tribunal for review of a
reviewable decision.
Act means the Administrative Review Tribunal Act 2024.
conferring legislation means an Act or other legislative instrument conferring
jurisdiction on the Tribunal to review particular matters.
decision-maker has the same meaning as under the Act.
earlier Tribunal proceeding means the proceeding in which the Tribunal
decision was made.
fee payable means a fee payable under the rules for making a referral
application.
first instance referral has the meaning in paragraph 1.9(a) of this Practice
Direction.
GAP means the guidance and appeals panel.
GAP applicant means a party who applies to the President to refer a Tribunal
decision to the GAP for fresh review in accordance with section 123 of the Act.
guidance and appeals panel has the same meaning as under the Act.
ineligible matter means a matter which under the Act, conferring legislation or
the rules cannot be referred to the GAP.
Note:  Some ineligible matters are referred to in the Note to paragraph 2.1 and in
Note 1 to paragraph 3.1 of this Practice Direction.
non-participating party has the same meaning as under the Act.
party means a party to an application for review before the Tribunal.
President means the President of the Tribunal and includes a person who has
delegated authority from the President in relation to the matter set out in this
Practice Direction.
referral application means an application to refer a Tribunal decision to the
GAP pursuant to section 123 of the Act.

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referral decision means a decision by the President to refer or refuse to refer a
matter to the GAP.
referral request means a request to refer an application for review to the GAP
pursuant to section 122 of the Act.
responding party means the party responding to the referral request or the
referral application.
reviewable decision has the same meaning as under the Act.
rules has the same meaning as under the Act.
second instance referral based on administrative significance has the meaning
in paragraph 1.9(b) of this Practice Direction.
second instance referral based on a possible error of fact or law has the
meaning in paragraph 1.9(c) of this Practice Direction.
stay order means an order affecting the operation or implementation of a
Tribunal decision made under section 127 of the Act.
Tribunal means the Administrative Review Tribunal.
Tribunal case event has the same meaning as under the Act.
Tribunal decision means a decision of the Tribunal, other than as constituted
by the GAP, made in relation to a reviewable decision in accordance with
section 105 of the Act.
Tribunal guidance decision has the same meaning as under the Act.
Objectives and general principles
1.12  The objectives of this Practice Direction include to ensure that:
(a)
matters referred to the GAP and pathways for potential referral proceed
expeditiously and efficiently; and
(b)
matters of significance to administrative decision making which are the
subject of a first instance referral to the GAP are identified and referred
as early as possible.
1.13  The Tribunal expects parties and their representatives to use their best
endeavours to assist the Tribunal to achieve its objective under section 9 of
the Act, including by:

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(a)
clearly setting out in writing why a matter should or should not be
referred to the GAP and providing all documentary evidence relied upon
and any written submissions, in accordance with this Practice Direction;
and
(b)
ensuring that their written submissions clearly and concisely address the
matters the GAP is asked to determine.
1.14  The Tribunal aims to reduce cost and delay by:
(a)
requiring timely information from parties about the basis for a referral to
the GAP prior to a decision being made whether a matter is to be
referred;
(b)
limiting factual investigation to what is required to resolve the matters
the Tribunal is asked to determine;
(c)
accessing documents and records from the earlier Tribunal proceeding
that are relevant and have already been given to the Tribunal by the
parties;
(d)
holding Tribunal case events only where necessary; and
(e)
deciding referral requests and referral applications without requiring an
oral hearing, except where, upon request by a party, the Tribunal
determines that an oral hearing is necessary in the interests of justice.
Part 2.  First Instance Referrals
First instance referral on the President’s own initiative
2.1
A first instance referral of an application for review to the Tribunal can be
made by the President on the President’s own initiative or on the request
of a party.
Note:   Some applications for review are ineligible matters in respect of a first
instance referral to the GAP. They include:
(a)  applications for review of decisions made under the Freedom of
Information Act 1982; and
(b)  applications for review in the Intelligence and Security jurisdictional
area.
2.2
Having regard to:
(a)
the Tribunal’s objective in paragraph 9(d) of the Act to improve the
transparency and quality of government decision-making; and

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(b)
the functions of the President under section 193(i) to inform Ministers,
relevant Commonwealth entities and the Administrative Review Council
of any systemic issues related to the making of reviewable decisions that
have been identified in the caseload of the Tribunal,
members and staff of the Tribunal will inform the President of any application
for review that may warrant consideration of whether it is appropriate for first
instance referral to the GAP.
2.3
Where the President considers that an application for review may be
appropriate for first instance referral, the President will usually seek
written submissions from the parties on whether the application for review
should be referred to the GAP.
Note:   The notice from the President may require the parties to comply with Part 3
of this Practice Direction with appropriate modifications.
2.4
A decision by the President whether to refer the application for review to
the GAP will be made without an oral hearing and will have regard to any
submissions made by the parties.
First instance referral on request of a party
2.5
A party to an application for review (requesting party), other than one
involving an ineligible matter, may request that the President refer the
application for review to the GAP for hearing and determination.
Making the referral request
2.6
A referral request should be made as soon as possible to enable efficient
management of the proceeding. Accordingly:
(a)
where the requesting party is the applicant for review – the referral
request should be made at the same time as the application for review; or
(b)
where the requesting party is a respondent to an application for review –
the referral request should be made as soon as possible after that party
receives the application for review.
2.7
A referral request must be made in writing by completing the GAP
Referral Request form available at www.art.gov.au. The request must:
(a)
clearly and concisely set out why:
(i)
the application for review raises an issue of significance to
administrative decision-making; and

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(ii)
it is appropriate in the interests of justice that the matter be
referred to the GAP;
(b)
set out the circumstances, if any, of the parties to the application for
review that the requesting party contends are relevant to the referral
request;
(c)
identify and explain any discretionary factors favouring the granting of
the referral request;
Note:   Part 5 of this Practice Direction identifies some discretionary
factors that may be relevant to a determination of a referral request.
(d)
state whether the requesting party has consulted the other party or parties
in relation to the referral request and the response (if any) of the other
party or parties;
(e)
provide an estimate of the duration of the hearing if the matter is referred
to the GAP;
(f)
not exceed 5 A4 pages unless the Tribunal otherwise directs;
(g)
be accompanied by or include:
(i)
any document not already provided to the Tribunal which is
relevant to whether the matter is of significance to administrative
decision-making or whether it is appropriate in the interests of
justice that the matter be referred to the GAP; or
(ii)
information identifying any relevant documents which have
already been lodged with the Tribunal; and
(h)
to the extent possible – be made using the Tribunal online system
accessible via the Tribunal website with copies provided to the other
parties, including any non-participating party, at the same time.
Response to the referral request
2.8
The other parties to the application for review must provide to the Tribunal
and every other party a written response to the referral request within 21
days of receiving the referral request.
2.9
A response to the referral request must be in writing by completing the
Response to GAP Referral Request form available at www.art.gov.au.
2.10  The party making the response (the responding party) must:
(a)
state whether the party supports or opposes the referral request; and

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(b)
provide an estimate of the duration of the hearing if the matter is referred
to the GAP.
2.11  If the responding party supports the referral request, its response must
clearly and concisely:
(a)
set out why the application for review raises an issue of significance to
administrative decision-making and why it is appropriate in the interests
of justice that the matter be referred to the GAP; and
(b)
identify and explain any discretionary factors favouring the granting of
the referral request,
but only insofar as the reasons differ from those set out in the referral
request.
Note:   Part 5 of this Practice Direction identifies some discretionary factors that
may be relevant to a determination of a referral request.
2.12  If the responding party contends that the circumstances of any of the
parties to the application for review are relevant to the referral request, its
response must state those circumstances.
2.13  If the responding party opposes the referral request, its response must
clearly and concisely:
(a)
set out why the matter is not of significance to administrative decision-
making or why it is not appropriate in the interests of justice that the
matter be referred to the GAP; and
(b)
identify and explain any discretionary factors against the granting of the
referral request.
Note:   Part 5 of this Practice Direction identifies some discretionary factors that
may be relevant to a determination of a referral request.
2.14  The completed Response to GAP Referral Request form must:
(a)
not exceed 5 A4 pages unless the Tribunal otherwise directs;
(b)
be accompanied by or include:
(i)
any document not already provided to the Tribunal which is
relevant to whether the matter is of significance to administrative
decision making or whether it is appropriate in the interests of
justice that the matter be referred to the GAP; or
(ii)
information identifying any relevant documents, but only to the
extent that the documents do not accompany the referral request or
are not identified in the referral request; and

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(c)
to the extent possible – be made in writing using the Tribunal online
system accessible via the Tribunal website with copies provided to the
other parties, including any non-participating party, at the same time.
Reply to response opposing referral
2.15  The party requesting referral and any responding party who supports the
referral request may provide a written reply to any party’s response which
opposes the referral request. The reply must be provided to the Tribunal
and every other party within 7 days of receiving the response which
opposes the referral request.
2.16  A reply to a response opposing the referral request must be made in
writing by completing the Reply to Response to GAP Referral Request
form available from the Tribunal’s website at www.art.gov.au.
2.17  The party making the reply must clearly and concisely reply to a response
opposing the referral request but only to the extent that the reply deals
with matters which have not already been dealt with by the party providing
the reply;
2.18  The reply must:
(a)
not exceed 3 A4 pages unless the Tribunal otherwise directs;
(b)
be accompanied by any document which is relevant to whether:
(i)
the matter is of significance to administrative decision making;
and
(ii)
it is appropriate in the interests of justice that the matter be
referred to the GAP,
if those documents have not already been provided to the Tribunal, or if
those documents have already been provided to the Tribunal, identify any
such documents; and
(c)
to the extent possible – be made using the Tribunal online system
accessible via the Tribunal website with copies provided by the party
making the reply to the other parties at the same time.
Determination by the President
2.19  The President will determine whether to grant or refuse a referral request
on the basis of the information provided without conducting an oral
hearing, except where a party seeks an oral hearing and the President
determines that an oral hearing is necessary in the interests of justice.

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Note 1:   Where an oral hearing is sought, the parties must comply with
paragraph 4.13 of this Practice Direction.
Note 2:   The President retains the discretion to conduct an oral hearing if the
President is satisfied that it is in the interests of justice to do so even if
no party requested an oral hearing.
2.20  The Tribunal will notify the parties of the outcome of the referral request.
If the referral request is granted, the Tribunal will advise the parties of
further procedures to be followed in relation to the proceeding.
2.21  A decision to refer or refuse to refer a matter to the GAP is not a ‘decision
of the Tribunal’ and is not subject to the obligation to provide a statement
of reasons in sections 111 or 112 of the Act.
2.22  The making of a referral request will not affect the usual practices and
procedures of the Tribunal relating to the progress of the application for
review, pending the President’s determination whether to grant or refuse
the request.
Part 3.  Second Instance Referrals
Application to refer a Tribunal decision to the GAP
3.1
A party to a Tribunal decision, other than a Tribunal decision involving an
ineligible matter, may apply to the President to refer the Tribunal decision
to the GAP for fresh review.
Note 1:   Some ineligible matters are set out in section 123 of the Act and section
15 of the rules.
Note 2:   Although a review by the GAP of a Tribunal decision involves a fresh
review of the matter referred to the GAP, factual or legal issues which
have been determined by the Tribunal decision and which are no longer
in contention should not be repeated or re-agitated in a referral
application. Rather, the primary focus of a referral application should
be on why the Tribunal decision raises an issue of significance to
administrative decision-making or on the alleged errors of fact or law
materially affecting the Tribunal decision. Under section 131 of the
Act, the GAP may have regard to evidence and documents in the earlier
Tribunal proceeding, the record of that proceeding and any order or
recommendation of the Tribunal in that proceeding.
3.2
A referral application must be made in writing using the GAP Referral
Application form available from the Tribunal website at www.art.gov.au.
The application must:
(a)
identify the Tribunal decision, including:

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(i)
the parties to the proceeding in which the Tribunal decision was
made (whether or not a party was a non-participating party);
(ii)
the Tribunal file number of that proceeding;
(iii)  the member who made the decision; and
(iv)  the date of the decision;
(b)
where the referral application contends that the Tribunal decision raises
one or more issues of significance to administrative decision-making –
clearly and concisely identify those issues and set out why the decision
raises those issues;
(c)
where the referral application contends that the Tribunal decision
contains one or more errors of fact or law materially affecting that
decision – clearly and concisely set out:
(i)
the contended errors of fact or law;
(ii)
the grounds on which it is contended that the Tribunal decision
contains those errors; and
(iii)  how the error(s) materially affected the Tribunal decision;
Note:   Refer to the additional requirements in paragraph 3.3 of this Practice
Direction.
(d)
where the GAP applicant contends that the circumstances of any of the
parties to the previous Tribunal proceeding are relevant to the referral
application – state those circumstances;
(e)
be accompanied by a list of documents from the earlier Tribunal
proceeding which the GAP applicant contends are relevant to the issues
raised in the referral application and set out how those documents are
relevant to those issues;
Note:   The GAP applicant does not need to provide documents as part of the
referral application if they were given to the Tribunal during the earlier
Tribunal proceeding or formed part of the orders or decision of the
Tribunal. It is sufficient to identify the parts of the documents which
are relied upon.
(f)
be accompanied by any additional documents which the GAP applicant
contends are relevant to the issues raised in the referral application and
which have not already been provided to the Tribunal and set out how
those documents are relevant to those issues;
(g)
state whether an extension of time is requested to make the referral
application;

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Note:   A referral application must be made by a party within 28 days after the
Tribunal gives to the party a statement of reasons for the Tribunal
decision, unless the President, in special circumstances, allows a longer
period. Extension of time requests must comply with paragraph 4.2 of
this Practice Direction.
(h)
state whether payment of a concessional fee is requested;
Note:   Such requests must comply with paragraph 4.6 of this Practice
Direction. The rules set out circumstances in which concessional fees
are payable.
(i)
state whether an order affecting the operation or implementation of the
Tribunal decision (stay order) is requested while a referral application to
the GAP is being considered;
Note:   Stay order requests must comply with paragraph 4.9 of this Practice
Direction.
(j)
state whether an oral hearing is sought;
Note:   Where an oral hearing is sought, the parties must comply with
paragraph 4.13 of this Practice Direction.
(k)
where the GAP applicant contends that there are discretionary factors
favouring the granting of the referral application – identify and explain
those discretionary factors;
Note: Part 5 of this Practice Direction identifies some discretionary factors that
may be relevant to a determination of a referral application.
(l)
provide an estimate of the duration of the hearing if the matter is referred
to the GAP;
(m)  not exceed 10 A4 pages unless the Tribunal otherwise directs; and
(n)
to the extent possible – be made using the Tribunal online system
accessible via the Tribunal website with copies provided by the applicant
to the other parties, including any non-participating party, at the same
time.
3.3
For the purposes of paragraph 3.2(c), the GAP Referral Application form
must:
(a)
in relation to a contention that the Tribunal decision contains errors of
fact — identify the paragraphs of the reasons for the Tribunal decision
which are said to contain the errors and explain those errors, including by
reference to the evidence and other material before the Tribunal in the
earlier Tribunal proceeding;
(b)
in relation to a contention that the Tribunal decision contains an error of
law — identify the paragraphs of the reasons for the Tribunal decision

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which are said to contain the errors and explain those errors, including by
reference to any applicable legislation and case law. Any references to
legislation must be to specific provisions of the legislation relied upon
and any reference to case law must be to specific parts of any cases;
(c)
in relation to a contention that the errors of fact or law materially
affected the Tribunal decision — identify the paragraphs of the reasons
for the Tribunal decision which are said to demonstrate that the errors are
material, and explain how they are material, including by reference to the
evidence and other material in the earlier Tribunal proceeding.
3.4
The Tribunal will not accept a referral application if:
(a)
the Tribunal decision constitutes an ineligible matter; or
(b)
the application is made outside the permitted timeframe without an
accompanying request for an extension of time that complies with
paragraph 4.2 of this Practice Direction.
3.5
The Tribunal may not accept a referral application if it does not include
information required by paragraphs 3.2 to 3.3 of this Practice Direction.
3.6
The Tribunal will inform the GAP applicant in writing if it considers that a
referral application does not meet the requirements for making a valid
application.
3.7
In accordance with section 128(3)(a) of the Act the President will not refer
a Tribunal decision to the GAP if a fee payable in relation to the referral
application is not paid by the time prescribed by the rules.
Note:   Section 28(1) of the rules provides that, if an application is not
accompanied by the prescribed fee, the President is not required to deal
with the application unless and until the fee is paid. Section 28(2)
provides that, for the purposes of section 128(3)(a) of the Act, the time
by which the fee must be paid is the end of the 28 days starting on the
day the application is made (or such longer period as the President, in
special circumstances, allows).
Response to referral application
3.8
The other parties to the proceeding in which the Tribunal decision was
made must provide to the Tribunal, and every other party, a written
response to the referral application within 21 days of receiving the referral
application.
3.9
A response to the referral application must be made in writing using the
Response to GAP Referral Application form available from the Tribunal
website at www.art.gov.au.

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3.10  The party making the response (responding party) must:
(a)
state whether the responding party supports or opposes the referral
application;
(b)
if the responding party supports the referral application – clearly and
concisely set out (as relevant):
(i)
why the Tribunal decision raises one or more issues of
significance to administrative decision-making, but only insofar as
their reasons differ from those set out in the referral application; or
(ii)
why the Tribunal decision contains one or more errors of fact or
law materially affecting the Tribunal decision, but only insofar as
their reasons differ from those set out in the referral application;
(c)
if the responding party opposes the referral application – clearly and
concisely set out (as relevant):
(i)
why the Tribunal decision does not raise any issue of significance
to administrative decision-making; or
(ii)
why the Tribunal decision does not contain any error of fact or law
materially affecting the Tribunal decision;
Note:   Refer to the additional requirements in paragraph 3.11 of this Practice
Direction.
(d)
where the responding party contends that the circumstances of any of the
parties to the previous Tribunal proceeding are relevant to the referral
application – state those circumstances;
(e)
be accompanied by:
(i)
a list of documents from the earlier Tribunal proceeding which the
responding party contends are relevant and were not included in
the list of documents provided by the GAP applicant; and
(ii)
an explanation of how those documents or the documents in the
list provided by the GAP applicant are relevant to those issues;
Note:   The responding party does not need to provide documents as part of the
response if they were given to the Tribunal during the earlier Tribunal
proceeding or provided by the GAP applicant, or formed part of the
orders or decision of the Tribunal. It is sufficient to identify the parts of
the documents which are relied upon.
(f)
where the GAP Referral Application form states that an extension of time
is requested to make the referral application – state whether the request
will be consented to or opposed.

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Note:   If an extension of time is opposed, the responding party must comply
with paragraph 4.3 of this Practice Direction.
(g)
where the GAP Referral Application form states that a stay order is
requested while the referral application to the GAP is being considered –
state whether a stay order will be consented to or opposed.
Note:   If a stay order is opposed, the responding parties must comply with
paragraph 4.10 of this Practice Direction.
(h)
state whether an oral hearing is sought;
Note:   Where an oral hearing is sought, the parties must comply with
paragraph 4.13 of this Practice Direction.
(i)
where the responding party contends that there are discretionary factors
against the granting of the referral application – identify and explain
those discretionary factors;
Note:   Part 5 of this Practice Direction identifies some discretionary factors
that may be relevant to a determination of a referral application.
(j)
provide an estimate of the duration of the hearing if the matter is referred
to the GAP;
(k)
not exceed 10 A4 pages unless the Tribunal otherwise directs;
(l)
to the extent possible – be made using the Tribunal online system
accessible via the Tribunal website with copies provided by the
responding party to the other parties, including any non-participating
party, at the same time.
3.11  For the purposes of paragraph 3.10(c), the Response to GAP Referral
Application form must:
(a)
include a response to the contentions in the GAP Referral Application
form;
(b)
identify paragraphs of the reasons of the Tribunal decision which are
relevant to any contention in the Response to GAP Referral Application
form;
(c)
where relevant to any contention in the Response to GAP Referral
Application form:
(i)
refer to the evidence and other material before the Tribunal in the
earlier Tribunal proceeding; and
(ii)
refer to any applicable legislation and case law.

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Note:   References to legislation must be to specific provisions of the
legislation relied upon and references to case law must be to specific
parts of any cases relied upon.
Reply to response opposing referral application
3.12  The GAP applicant and any other party who supports the referral
application may provide a written reply to any responding party’s response
which opposes the referral application. The reply must be provided to the
Tribunal and every other party within 7 days of receiving the response
opposing the referral application.
3.13  A reply to a response opposing the referral application must be in writing
using the Reply to Response to GAP Referral Application form. The party
making the reply (replying party) must:
(a)
clearly and concisely reply to a response opposing the referral
application. The reply should only deal with matters which have not
already addressed by the replying party;
(b)
include:
(i)
a list of documents from the earlier Tribunal proceeding which the
replying party contends are relevant to the issues raised in the
reply and have not previously been included in a list of documents
already provided by the replying party or the responding party;
and
(ii)
an explanation of how those documents or any other documents
already identified by a party are relevant to those issues;
(c)
be accompanied by any additional documents which the replying party
contends are relevant to the issues raised in the response opposing the
referral application and which have not already been provided to the
Tribunal, and set out how those documents are relevant to those issues;
(d)
not exceed 5 A4 pages unless the Tribunal otherwise directs; and
(e)
to the extent possible – be made using the Tribunal online system
accessible via the Tribunal website with copies provided by the replying
party to the other parties at the same time.

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Part 4.  Requests for Interlocutory and Ancillary Orders
Request for extension of time
4.1
A referral application must be made by a party within 28 days after the
Tribunal gives to the party a statement of reasons for the Tribunal
decision, unless the President in special circumstances allows a longer
period.
4.2
A request for an extension of time to make a referral application must be
made at the same time as the referral application and must:
(a)
be included in the GAP Referral Application form;
(b)
explain why the application was not made within the prescribed period;
(c)
identify any prejudice the GAP applicant may suffer if an extension of
time is not granted;
(d)
identify any special circumstances warranting an extension of time; and
(e)
be accompanied by any document relevant to the question of special
circumstances.
Note:   Where a request for an extension of time is included in the GAP
Referral Application form, the page limit for the form is increased by 5
pages.
4.3
If a party opposes the request for an extension of time, that party must
include an explanation as to why the request is opposed in the Response to
GAP Referral Application form.   That explanation must:
(a)
respond to the contentions in the request for an extension of time; and
(b)
include an explanation of any prejudice that the party opposing the
request for an extension will suffer if an extension is granted.
Note:   Where a Response to the GAP Referral Application form includes an
explanation as to why a request for an extension of time is opposed, the
page limit for the form is increased by 5 pages.
4.4
A decision by the President whether to grant an extension of time will
ordinarily be made without an oral hearing.
4.5
The President will consider the referral application only if an extension of
time is granted.

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Request for payment of a concessional fee
4.6
A request for payment of a concessional fee must be made to the Tribunal
at the same time as the referral application, by submitting the Request for
concessional fee form available on the Tribunal website at
www.art.gov.au.
Note:   The GAP applicant is not required to provide a copy of the request for
payment of a concessional fee to the other parties to the proceeding.
4.7
Requests for payment of a concessional fee will be determined without an
oral hearing and in accordance with the rules.
Request for stay order affecting Tribunal decision
4.8
The making of a referral application to the GAP does not affect the
operation of the Tribunal decision that is the subject of the referral
application. However, a party to the proceeding may apply to the Tribunal
for a stay order. The Tribunal may make a stay order if it considers that it
is desirable to do so for the purpose of ensuring the effectiveness of the
referral application, and may include conditions in such an order.
4.9
A request for a stay order must be made at the same time as the referral
application and must:
(a)
be included in the GAP Referral Application form;
(b)
explain why the Tribunal should make a stay order for the purpose of
ensuring the effectiveness of the referral application, including why the
effectiveness of the referral application will be adversely affected if a
stay order is not granted;
(c)
identify any prejudice that the GAP applicant will suffer if a stay order is
not granted;
(d)
be accompanied by any document relevant to whether a stay order should
be made;
(e)
specify the period of the stay if it is different from the period specified in
section 127(4) of the Act, and explain why the period should differ;
(f)
specify any conditions to be included in the stay order, and explain why
they should be included; and
(g)
specify whether any person may be affected by the Tribunal decision and
the proposed stay order, and how they may be affected.
Note:   Where a request for a stay order is included in the GAP Referral
Application form, the page limit for the form is increased by 5 pages.

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4.10  If a party opposes the request for a stay order, that party must, in the
Response to GAP Referral Application form:
(a)
explain why the request is opposed, including:
(i)
why it is not desirable for the Tribunal to make a stay order or why
such an order is not necessary for the purpose of ensuring the
effectiveness of the referral application;
(ii)
any prejudice that the party opposing the request for stay order
will suffer if a stay order is made;
(b)
respond to the contentions in the GAP Referral Application form in
support of the request for a stay order;
(c)
include any document not previously provided that is relevant to whether
a stay order should be made;
(d)
where relevant – specify the period of the stay if it is different from the
period specified in the GAP Referral Application form;
(e)
where relevant – specify any conditions to be included in the stay order,
if they differ from the conditions specified in the GAP Referral
Application form; and
(f)
where relevant – specify whether any person may be affected by the
Tribunal decision and the proposed stay order.
Note:   Where a Response to GAP Referral Application form includes an
explanation of why a request for a stay order is opposed, the page limit
for the form is increased by 5 pages.
4.11  If the GAP applicant does not request a stay order and another party to the
proceeding wishes to request a stay order, that request must be included in
that party’s Response to GAP Referral Application form. In such a case:
(a)
paragraph 4.9 applies as if a reference to the GAP Referral Application
form were to that party’s Response to GAP Referral Application form;
and
(b)
any party that wishes to oppose the request for a stay order may provide
to the Tribunal and to all other parties to the proceeding a reply which
complies with paragraph 4.10 as if a reference to a Response to GAP
Application Form in that paragraph were to such a reply.
Note:   Where a party provides a Reply to Response to GAP Application form in
accordance with paragraphs 3.12 to 3.13 of this Practice Direction, the
reference to a reply in paragraph 4.11 is to the Reply to Response to GAP
Application form.

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4.12  A decision by the Tribunal whether to grant a stay order will ordinarily be
made without an oral hearing.
Request for oral hearing
4.13  Where a party states that an oral hearing is sought, that party must also
specify in the GAP Referral Application form or Response to GAP
Referral Application form, as relevant:
(a)
whether an oral hearing is sought for:
(i)
the referral application;
(ii)  an extension of time request (where relevant);
(iii)  a stay order request (where relevant); or
(iv)  some or all of the above.
(b)
the reasons why an oral hearing is necessary in the interests of justice;
and
(c)
what prejudice the party will suffer if an oral hearing is not conducted.
Note:
See further paragraph 6.2 of this Practice Direction.
Part 5.  Discretionary Considerations
General discretionary considerations
5.1
Paragraphs 2.7(c), 2.11(b), 2.13(b), 3.2(k) and 3.10(i) of this Practice
Direction require the parties to identify any discretionary factors that they
contend should be taken into account by the President in determining
whether to refer, or refuse to refer, a matter to the GAP.
Discretionary considerations – first instance referrals
5.2
The President is not required to refer any application for review to the
GAP. In considering whether to make a first instance referral, the
President will consider the circumstances of the parties to the proceeding,
including whether a referral is likely to disadvantage a party unfairly or
cause an unacceptable delay in reaching an outcome.

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5.3
In addition, the President may consider whether the proceeding is likely to
have a broader impact on persons beyond the parties to the proceeding or
is likely to improve administrative decision-making.
5.4
Proceedings that raise an issue of significance to administrative decision-
making may include matters that are novel, complex, could potentially
affect large numbers of individuals, or involve significant systemic issues
that require guidance. For example, matters that:
(a)
raise issues concerning the legality of an agency’s practice, procedure or
policy;
(b)
impact or alter an agency’s existing policy or practice across similar
types of matters;
(c)
involve inconsistent or contrary outcomes to recent decisions on matters
that are substantively similar in issue and fact;
(d)
involve a pattern of decision-making that affects significant numbers of
people; or
(e)
involve consideration of a new, complex or untested legislative
provision;
(f)
raise issues of complexity or controversy warranting the making of a
Tribunal guidance decision.
5.5
Other discretionary factors may also be relevant. Examples of
discretionary factors that may justify refusal of a referral request include:
(a)
the stage in the progress of the Tribunal proceeding at which a referral
request is made. For example, the closer to a scheduled hearing of the
proceeding the application is made, the stronger the discretionary factors
in favour of refusing the request may be; and
(b)
where a referral to the GAP would hinder the Tribunal’s ability to
effectively pursue the objective in section 9 of the Act.
Discretionary considerations – second instance referrals
5.6
The President is not required to refer any decision of the Tribunal to the
GAP.
5.7
In considering whether to make a second instance referral, the President
will consider the circumstances of the parties. These may include (but are
not limited to):
(a)
the financial burden on a party to have a matter heard by the GAP;

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(b)
the risk of trauma that further proceedings may have on a party;
(c)
whether parties have adequate representation; and
(d)
concerns over the safety, health or confidentiality of a party, and any
other concern.
5.8
In determining whether to refer a Tribunal decision that may contain a
material error of fact or law, other relevant considerations may include:
(a)
the likelihood that the error occurred, and its significance to the
Tribunal’s decision on review;
(b)
whether the error is one that is likely to be repeated if not identified and
resolved;
(c)
whether the error involves a matter of law that is better left to the courts
to determine;
(d)
the impact on the resources of the Tribunal and parties to the review of
conducting a further review into the matter; and
(e)
any other factor the President considers relevant.

5.9
In determining whether to refer a Tribunal decision that may raise an issue
of significance to administrative decision making, relevant considerations
may include those specified at paragraph 5.4 of this Practice Direction.
5.10  Other discretionary factors may also be relevant. Examples of
discretionary factors that may justify refusal of a referral application
include:
(a)
where there may be an error of fact or law which may have materially
affected a Tribunal decision but the error involved a very small monetary
amount;
(b)
where, after a Tribunal decision was made, one of the parties to the
earlier Tribunal proceeding offered to place the GAP applicant in the
position the GAP applicant would have been in if the Tribunal decision
had been entirely in favour of the GAP applicant, but the GAP applicant
unreasonably refused the offer;
(c)
where one of the parties has appealed to the Federal Court, on a question
of law, from the Tribunal decision; and
(d)
where a referral to the GAP would hinder the Tribunal’s ability to
effectively pursue the objective in section 9 of the Act.

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Practice Direction 2024

Part 6.  Decisions Regarding Referral
Referral decisions usually made without oral hearing
6.1
The Tribunal aims to determine requests for first instance referral and
second instance referral as quickly as the circumstances of the case permit.
6.2
The President will determine whether to grant or refuse a referral request,
extension of time or stay application on the basis of the request, any
response and any reply, without conducting an oral hearing except where a
party seeks an oral hearing and the President determines an oral hearing is
necessary in the interests of justice.
Note:   The President retains the discretion to conduct an oral hearing if the
President is satisfied that it is in the interests of justice to do so even if no
party requested an oral hearing.
Notification of decision to parties
6.3
The Tribunal will notify parties of the outcome of any request for an
extension of time, any request for a stay order and the referral application
in writing. Ordinarily, a request for an extension of time and a request for
a stay will be determined prior to the determination of a referral
application. If an extension of time is refused, no determination will be
made on the referral application because that application will not be
validly made.
6.4
A decision of the President whether to refer a Tribunal decision to the
GAP is not a decision finalising a proceeding in the Tribunal and is not
subject to the obligation to provide a statement of reasons in sections 111
or 112 of the Act.
6.5
Where a Tribunal decision is referred to the GAP, the Tribunal will advise
the parties of further procedures to be followed in relation to the
proceeding.
Part 7.  General
Once a matter is referred
7.1
In general, once matters have been referred to the GAP, the Tribunal will
manage those matters in accordance with the Administrative Review
Tribunal (Common Procedures) Practice Direction 2024 (subject to the

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Practice Direction 2024

qualifications contained in this Practice Direction) unless another practice
direction is more appropriate having regard to the nature of the matter.
Note:   For example, the Administrative Review Tribunal (Child Support)
Practice Direction 2024 may apply where a child support matter is
referred to the GAP.
7.2
In general, within two weeks of the President deciding to refer a matter to
the GAP, the Tribunal will convene a directions hearing to discuss the
conduct of the GAP hearing and make orders. Directions hearings will be
held before a member or a registrar and, unless ordered otherwise, are not
confidential.
7.3
Where a party is represented, the representative must attend the directions
hearing and must be prepared to address the issues raised including:
(a)
the filing of any evidence and documents that are supplementary to the
evidence and documents already filed with the Tribunal;
(b)
the filing of any written submissions, supplementary to the written
submissions already filed with the Tribunal as part of the application or
request that the proceeding be referred to the GAP;
(c)
the parties’ estimate of the length of the hearing before the GAP;
(d)
the filing of hearing certificates, if required; and
(e)
the filing of an agreed statement of facts.
7.4
The Tribunal may list additional directions hearings, either of its own
initiative or at the request of one or more parties.
If parties reach agreement
7.5
If a matter has been referred to the GAP and the parties:
(a)
reach an agreement and ask the Tribunal to make a decision in
accordance with section 103 of the Act; or
(b)
ask the Tribunal to make an order by consent,
the Tribunal may request submissions (either written or oral) from the parties as
to why the Tribunal should:
(c)
make the decision in the terms agreed between the parties; or
(d)
make the order by consent.

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Practice Direction 2024

Note: Section 96 of the Act deals with dismissal of an application made to the
Tribunal if the parties consent.

Administrative Review Tribunal (Guidance and Appeals Panel)
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Practice Direction 2024

Administrative Review Tribunal (Migration,
Protection and Character) Practice Direction
2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following Practice Direction.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
Part 1.
Preliminary
1
Definitions
2
Decisions covered by this Practice Direction
3
Part 2.
Applying for review of a migration or protection decision
4
How to apply for a review
4
Application fees
4
Applications involving family members
5
Time for making an application for a review of migration and protection decisions 6
Part 3.
General conduct and procedure of migration and protection reviews 6
Certain provisions of the Act do not apply
6
Appointing a representative and/or an authorised recipient
7
Expedited decision requests
8
Access to information given to the Tribunal by the Department
8
Part 4.
Minister’s obligations in proceedings
9
When the Minister does not participate in the proceeding
9
When the Minister participates in the proceeding
9
Part 5.
Specific arrangements for reviews of expedited character decisions
9
Strict time limits apply
10
Determining whether an expedited character review can be heard
10
General conduct of expedited character reviews
11
Expedited character review decisions may be delivered in writing or orally
12

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Part 1. Preliminary
1.1
This Practice Direction is made under section 36(1) of the Administrative Review
Tribunal Act 2024 (Act).
1.2
This Practice Direction is arranged in 5 Parts:
(a)
Part 1 – Preliminary;
(b)
Part 2 – Applying for review of a migration or protection decision;
(c)
Part 3 – General conduct and procedure of migration and protection
reviews;
(d)
Part 4 – Minister’s obligations in proceedings;
(e)
Part 5 – Specific arrangements for reviews of expedited character
decisions.
1.3
This Practice Direction commences on 14 October 2024 and has effect from that
date. This Practice Direction applies to all applications for review of migration,
protection and character decisions set out at [1.11] below, whether lodged before,
on or after this date, and remains in effect until it is superseded or revoked.
1.4
The purpose of this Practice Direction is to make directions about the practice
and procedures relating to applications for review of decisions and the conduct of
proceedings that apply to the review of migration, protection and character
decisions.
1.5
This Practice Direction should be read together with the Administrative Review
Tribunal (Common Procedures) Practice Direction 2024.
1.6
To the extent that this Practice Direction is inconsistent with the Administrative
Review Tribunal (Common Procedures) Practice Direction 2024 in relation to
applications for review of migration, protection and character decisions, the
provisions of this Practice Direction prevail. However, where this Practice
Direction is silent in respect of any matter, the provisions of the Administrative
Review Tribunal (Common Procedures) Practice Direction 2024 shall apply.
1.7
This Practice Direction does not apply to the extent that it is inconsistent with:
(a)
a provision of the Act or another Act or instrument under which the
Tribunal has powers to review decisions;
(b)
a provision of a regulation made under the Act or another Act; or
(c)
a provision of a rule made under the Act.

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1.8
If the Tribunal makes a direction in relation to a proceeding that is inconsistent
with this Practice Direction, the Tribunal’s direction applies to that proceeding
and this Practice Direction does not apply, to the extent of the inconsistency.
1.9
A failure by the Tribunal to comply with this Practice Direction does not affect
the validity of anything done by the Tribunal.
1.10  A failure by a party or any other person to comply with this Practice Direction
may have consequences for the progress of the application or the person’s
participation in the review, including dismissal of the application, in accordance
with the provisions of the Act or any other applicable statutory instrument.
Definitions
1.11  In this Practice Direction:
Act means the Administrative Review Tribunal Act 2024.
business skills visa decision means a decision reviewable in the Tribunal
pursuant to section 136 of the Migration Act 1958.
character decision means a decision reviewable in the Tribunal pursuant to
section 500 of the Migration Act.
character review means a review of a character decision.
Department means the Department of Home Affairs or any subsequently
named Department responsible for the administration of the Migration Act.
deportation decision means a decision reviewable in the Tribunal pursuant to
section 200 of the Migration Act.
expedited character decision means a decision made under sections 501 or
501CA of the Migration Act where the applicant is in the migration zone at the
time of application.
G Documents means the documents required to be provided to an applicant
under section 501G of the Migration Act.
Guidance and Appeals Panel has the same meaning as under the Act.
legal practitioner means a person who is a restricted legal practitioner or an
unrestricted legal practitioner within the meaning of section 275 of the
Migration Act.
Member means a member of the Tribunal.
migration agent means an individual registered as a migration agent under
Division 3 of Part 3 the Migration Act.

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migration decision has the same meaning as a reviewable migration decision
at section 338 the Migration Act but does not include business skills visa
decisions, character decisions or deportation decisions.
migration zone has the same meaning as in section 5 of the Migration Act.
protection decision means a reviewable protection decision under section
338A of the Migration Act but does not include a character decision relating to
a protection visa.
registry means any registry office of the Tribunal.
Rules means the Rules made under the Act.
Secretary means the Secretary of the Department of Home Affairs or any
subsequently named Department responsible for the administration of the
Migration Act.
Tribunal means Administrative Review Tribunal.
Tribunal case event has the same meaning as in the Act.
Decisions covered by this Practice Direction
1.12  This Practice Direction applies to:
(a)
migration decisions;
(b)
protection decisions; and
(c)
expedited character decisions.
1.13  This Practice Direction does not apply to the following decisions in the
Migration Act:
(a)
character decisions made under section 501 of the Migration Act where
the applicant is not in the migration zone at the time of application;
(b)
decisions to refuse a protection visa on the basis of sections 5H(2),
36(1C) or 36(2C) of the Migration Act;
(c)
business skills visa decisions made under section 136 of the Migration
Act;
(d)
deportation decisions made under section 200 of the Migration Act; and
(e)
decisions relating to migration agents under Part 3 of the Migration Act.
1.14  The Administrative Review Tribunal (Common Procedures) Practice Direction
2024 applies to the review of decisions set out at [1.13] above.

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Direction 2024

Part 2. Applying for review of a migration or protection decision
How to apply for a review
2.1
A person making an application for review of a migration decision or a
protection decision should follow the requirements contained in this Practice
Direction. The Migration Act and the Migration Regulations 1994 contain strict
requirements which, if not followed, can result in the invalidity of applications.
2.2
An application for review of a migration decision or protection decision must:
(a)
include the prescribed information (if any);
(b)
be accompanied by the prescribed documents (if any); and
(c)
be accompanied by the prescribed fee (if any).
2.3
The application for review of a decision set out at [1.12] above may be made by:
(a)
completing and submitting the electronic application form accessible
from the Tribunal website at: www.art.gov.au;
(b)
downloading and completing the paper form accessible from the
Tribunal website at: www.art.gov.au and:
(i)
posting or otherwise delivering it to a registry of the Tribunal
specified on the Tribunal website at www.art.gov.au; or
(ii)
emailing it to [email address]; or
(c)
a letter that includes the requirements specified at [2.2] above which is:
(i)
posted or otherwise delivered to a registry of the Tribunal
specified on the Tribunal website at www.art.gov.au; or
(ii)
emailed to [email address].
2.4
If the Tribunal considers that an application does not meet the requirements for
making a valid application, the Tribunal may invite the person making the
application to make submissions as to why the application is valid. The Tribunal
will assess the validity of the application on the papers and notify the person who
made the application in writing of the outcome.
Application fees
2.5
An applicant seeking review of a migration decision may be eligible for a fee
reduction. Applicants applying through the online application form may apply
for a fee reduction using the Request for Fee Reduction form. The form for fee
reduction is also available on the Tribunal website at: www.art.gov.au.

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Direction 2024

2.6
If an applicant is seeking a fee reduction, at least 50 percent of the prescribed fee
and the request for reduction of the fee must be received prior to the expiry of the
period for making the application set out in at [2.11] below.
2.7
The Tribunal cannot review an application for review if the application is not
properly made, including in relation to any payable fees prescribed by the
Migration Regulations 1994.
Applications involving family members
2.8
Within 14 days after lodging an application for review of a migration or
protection decision, the applicant must:
(a)
inform the Tribunal if one or more of the applicant’s family members has
a separate current application for review before the Tribunal in relation
to the same type of visa refusal decision; and
(b)
if the applicant wants to have these applications heard together–—inform
the Tribunal in writing that they and their family member(s) consent to
this.
Note:   Before the Tribunal orders that applications by family members be
heard together, it will require written consent from each family member
or their authorised representative.
2.9
The applicant must inform the Tribunal in writing as soon as possible if:
(a)
a person is included in an application for review with one or more of
their family members; and
(b)
that person no longer wants to be included in that application and wants
their application for review to be treated separately.
2.10  The applicant should also inform the Tribunal in writing as soon as possible if,
after making their application:
(a)
a child of the applicant is born, and whether the applicant is seeking to
have that child included in the application;
(b)
the applicant’s spousal relationship ends; or
(c)
a family member of the applicant who is associated or joined to the
applicant’s application is deceased.
(d)
where the applicant is a company—it enters administration, is placed in
liquidation or ceases trading.

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Direction 2024

Time for making an application for a review of migration and protection
decisions
2.11  An application for review of a migration decision or a protection decision must
be made:
(a)
if the person is in immigration detention—within 7 days after the date on
which the person was notified of the reviewable decision;
(a)
otherwise—within 28 days after the date on which the person was
notified of the reviewable decision.
Note:   Notified for the purposes of [2.11] means taken to be notified in accordance
with section 379C of the Migration Act.
2.12  The Tribunal cannot extend the time for filing an application seeking review of
the decisions referred to at [2.11] above.
2.13  The time for making an application for review of an expedited character decision
is set out in Part 5 of this Practice Direction.
Part 3. General conduct and procedure of migration and protection reviews
Certain provisions of the Act do not apply
3.1
There are a number of important ways in which the procedures in relation to
most applications for review by the Tribunal do not apply to the review of
migration and protection decisions. For these reviews:
(a)
a person who believes that the person’s interests may be affected by the
application cannot apply to be a party to the application and the Tribunal
is not required to give, or require an applicant to give, notice of the
application to such a person;
(b)
the Tribunal cannot extend the time for making an application for
review;
(c)
the Tribunal cannot stay the operation of the reviewable decision;
(d)
the Tribunal may not make a decision agreed by the parties;
(e)
legal or financial assistance under section 294 of the Act cannot be
provided except where the President refers a matter to the Guidance and
Appeals Panel;
(f)
no application can be made by an applicant to the President for referral to
the Guidance and Appeals Panel following the making of the Tribunal’s
decision.

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Direction 2024

3.2
The Migration Act also contains other procedures that are different to other
applications for review by the Tribunal including (but not limited to) provisions
in relation to:
(a)
who can apply for review: see section 347A of the Migration Act;
(b)
information that may be the reason, or a part of the reason, for affirming
the decision under review: see section 359A of the Migration Act; and
(c)
restrictions on the disclosure of certain information: see sections 375 to
378 of the Migration Act.
Appointing a representative and/or an authorised recipient
3.3
With limited exceptions, a person who is not a registered migration agent or an
Australian legal practitioner is prohibited by section 280 of the Migration Act
from providing immigration assistance.
3.4
It is the responsibility of the applicant and the applicant’s representative to
ensure the Tribunal is notified of who is representing the applicant at all times.
3.5
If a representative lodges an application for review on behalf of an applicant, the
representative must give the Tribunal separate contact details for the applicant as
well as contact details for the representative.
3.6
A person who commences representing an applicant after an application for
review has been lodged must:
(a)
notify the Tribunal in writing as soon as possible; and
(b)
complete and lodge the Appointment of Representative / Appointment of
Authorised Recipient form available at www.art.gov.au.
3.7
If a representative ceases representing an applicant, the representative must
notify the Tribunal in writing as soon as possible of the following:
(a)
the date the cessation took effect; and
(b)
the last known contact details of the applicant.
3.8
The Tribunal can order that a person can no longer be represented by the
person’s representative in certain circumstances: see section 66(3) of the Act and
paragraphs 2.21 to 2.23 of the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024.
3.9
Where an authorised recipient has been appointed under sections 379G or 441G
of the Migration Act, the Tribunal will send all documents, including notices of
Tribunal case events, to this authorised recipient instead of the applicant.

Administrative Review Tribunal (Migration, Protection and Character) Practice
7
Direction 2024

3.10  If an applicant wishes to withdraw authorisation for a person to act as the
applicant’s representative or as the applicant’s authorised recipient, the applicant
must complete and lodge the Change of Contact Details form available at
www.art.gov.au.
3.11  Only the applicant can withdraw the authority of the authorised recipient to
receive documents in connection with the review. If an authorised recipient seeks
to withdraw, this must be accompanied by a Change of Contact Details form
completed by the applicant.
Expedited decision requests
3.12  An applicant may request that the Tribunal expedite its review process in
accordance with paragraphs 4.9 to 4.14 of the Administrative Review Tribunal
(Common Procedures) Practice Direction 2024.
3.13  An applicant may make a request for expedited review by the Tribunal of a
migration or protection decision if all of the following requirements are met:
(a)
the applicant has applied for a review of a migration or a protection
decision to refuse to grant a visa;
(b)
the visa was refused on the basis that the applicant did not meet one or
more criteria; and
(c)
the applicant can provide documentary evidence that objectively
demonstrates the criterion or criteria are now met.
3.14  An expedited decision request made in accordance with [3.13] above must:
(a)
be lodged using the online form: Request for expedited decision;
(b)
be accompanied by the evidence that demonstrates the applicant now
meets the relevant criterion or criteria; and
(c)
include a written submission that explains how the evidence satisfies the
relevant criterion or criteria and how the Tribunal can decide the review
in the applicant’s favour on the basis of the material before it without
conducting a hearing.
Access to information given to the Tribunal by the Department
3.15  Under section 362A of the Migration Act an applicant is entitled to request that
the Department provide access to any written material, or a copy of any written
material, given or produced to the Tribunal by the Department for the purpose of
the review.

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3.16  An applicant should make this request as soon as practicable after commencing
an application for review. The Tribunal will not consider a late request for the
written material, or the absence of a response by the Department to such a
request, to be adequate reasons, on their own, for adjournment of a hearing.
Part 4. Minister’s obligations in proceedings
4.1
The Minister is the decision-maker in reviews of migration decisions and
protection decisions. The Minister has obligations under the Migration Act to,
among other things, give to the Tribunal documents that are relevant to the
review of the decision.
When the Minister does not participate in the proceeding
4.2
The Minister is taken to be a non-participating party to the review of a migration
or protection decision (except in relation to a Guidance and Appeals Panel
proceeding) and, unless ordered to do so by the President or a Deputy President
of the Tribunal, will not appear before the Tribunal, give written submissions or
otherwise participate in the proceeding.
4.3
When the Minister is a non-participating party, the Minister has an obligation,
when required to do something by the Tribunal or by the Act, to use their best
endeavours to assist the Tribunal to make the correct or preferable decision in
relation to the proceeding and achieve the objective in section 9 of the Act.
4.4
If the Minister does not comply with the obligation under paragraph 4.2 of the
Administrative Review Tribunal (Common Procedures) Practice Direction 2024,
the Tribunal will consider exercising its power under section 63(2) of the Act to
require the Minister to attend a directions hearing to discuss the Minister’s
non-compliance with their obligation to assist the Tribunal.
Note:   An order under section 63(2) of the Act may only be made by the President
or a Deputy President.
When the Minister participates in the proceeding
4.5
The Minister is a participating party to the review of character decisions and
Guidance and Appeals Panel proceedings in relation to migration and protection
decisions.
Part 5. Specific arrangements for reviews of expedited character decisions
5.1
There are specific arrangements relating to character reviews for persons who are
in the migration zone at the time the reviewable decision was made. Applicants

Administrative Review Tribunal (Migration, Protection and Character) Practice
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Direction 2024

should read and follow these arrangements as there are strict timeframes which
must be observed.
5.2
The specific arrangements in this Part do not apply to the review of:
(a)
a character decision made under section 501 to cancel or refuse to grant a
visa of a person who is outside of the migration zone at the time of the
decision;
(b)
a decision to refuse a protection visa relying on sections 36(1C) or
36(2C) of the Migration Act; and
(c)
a decision of the Tribunal in relation to a character review that has been
remitted to the Tribunal from the Federal Court of Australia.
5.3
The procedures set out in the Administrative Review Tribunal (Common
Procedures) Practice Direction 2024 will apply to the review of those matters
set out at [5.2] above.
Strict time limits apply
5.4
The Migration Act contains very strict time limits in respect of an application for
review of an expedited character review. They are:
(a)
an application must be made within 9 days after the receipt of a decision
to cancel, refuse or not revoke the cancellation of a visa. This time
cannot be extended by the Tribunal;
(b)
the Tribunal cannot have regard to any document not provided to the
Minister at least 2 business days prior to the hearing of the application
and cannot have regard to any oral evidence on a matter unless it is set
out in a written statement and provided to the representative of the
Minister 2 business days prior to the hearing of the matter; and
Note:
The two business days prior to the hearing are exclusive of the day of
the hearing. For example, if a hearing commences on a Friday, the two
prior business days period ends on the Tuesday.
(c)
the Tribunal must make a decision on the application within 84 days of
the date on which the applicant was notified of the reviewable decision
otherwise the Tribunal will be deemed to have affirmed the decision.
Determining whether an expedited character review can be heard
5.5
If the Tribunal considers that an application for review has been filed outside of
the period specified at [5.4] above, it will seek submissions on the issue, either in
writing or at a Tribunal case event to determine whether it can hear the
application. The Minister must provide evidence which establishes the date on
which the applicant was notified of the decision and whether the applicant was

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Direction 2024

properly notified in accordance with the requirements of section 501G of the
Migration Act.  The Minister is expected to be represented at any case event the
Tribunal convenes for this purpose.
5.6
If the Tribunal finds, or the Minister accepts prior to the Tribunal making a
decision, that the applicant was not properly notified, the Minister’s
representative must:
(a)
advise the Tribunal of the re-notification on the same day the re-
notification occurs; and
(b)
provide a copy of the re-notification and all accompanying documents to
the Tribunal.
5.7
If an applicant has been re-notified in accordance with [5.6] above, the relevant
time limits identified at [5.4] above will commence from the date of the re-
notification.
5.8
If an applicant is re-notified in accordance with [5.6] above, the applicant must
file a new application if the applicant wishes that decision to be reviewed.
General conduct of reviews of expedited character decisions
5.9
The expedited nature of a character review means that the Tribunal and parties
will need to take steps to progress the hearing very quickly. To facilitate this:
(a)
The Tribunal will convene a directions hearing no later than 2 weeks
following the receipt of an application, at which time directions for the
filing of relevant documents will be made. At this directions hearing,
parties will be expected to advise the Tribunal:
(i)
the anticipated length of the hearing and the likely number of
witnesses who will be called;
(ii)
whether any expert evidence is likely to be filed; and
(iii)  whether any request for a summons will be made.
(b)
The Minister must file and serve in hard copy the G Documents in the
form as set out in paragraph 4.2 of the Administrative Review Tribunals
(Common Procedures) Practice Direction 2024. The Minister must also
file an electronic copy of the G Documents in the same prescribed form
no later than 1 week after the date of a directions hearing. This should
contain the signed acknowledgement of receipt of the Notice of
Cancellation.
(c)
Where an applicant is unrepresented, the Minister must file the
Minister’s evidence and statement of facts, issues and contentions first.

Administrative Review Tribunal (Migration, Protection and Character) Practice
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Direction 2024

Where an applicant is represented, the applicant must file the applicant’s
evidence and statement of facts, issues and contentions first.
(d)
Parties will not be required to file hearing certificates unless specifically
directed to do so by the Tribunal.
Note:    Part 7 of the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024 contains requirements relating to statements of
facts, issues and contentions.
5.10  Parties should not assume that any extension of time for compliance with an
order or direction will be granted by the Tribunal, even if consented to by the
other party.
Delivery of the Tribunal’s reasons in reviews of expedited character decisions
5.11  The Tribunal must deliver written reasons for its decision in an expedited
character review.
5.12  It may not always be possible for the Tribunal to deliver written reasons for a
decision within the statutory time limits for making a decision in an expedited
character review. In these circumstances, the Tribunal may deliver its decision in
writing and give its written reasons for its decision within a reasonable time after
delivery of its decision.
5.13  Where the Tribunal delivers its reasons for its decision orally in an expedited
character review, it must provide its written reasons for that decision within 14
days after the day on which the Tribunal’s decision was made (pursuant to
section 111(3) of the Act).

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Direction 2024

Administrative Review Tribunal (Assignment of
Members to Jurisdictional Areas) No.1 of 2024
I, the Hon Justice Emilios Kyrou AO, President of the Administrative Review Tribunal, make
the following assignment.
Dated

THE HON JUSTICE EMILIOS KYROU AO
President, Administrative Review Tribunal

Contents
1  Name ...................................................................................................................................... 1
2  Commencement ..................................................................................................................... 1
3  Authority ................................................................................................................................ 1
4  Definitions ............................................................................................................................. 1
5  Assignment to Jurisdictional Area ......................................................................................... 1
Schedule —Table of Assignments
2

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
i
No.1 of 2024

1 Name

  This instrument is the Administrative Review Tribunal (Assignment of Members
to Jurisdictional Areas) No.1 of 2024.
2 Commencement

  This instrument commences on, and has effect from, the date it is signed.
3 Authority

  This instrument is made under subsection 199(3) of the Administrative Review
Tribunal Act 2024.
4 Definitions
Note:
The following expressions used in this instrument are defined in section 4 of the Act:
(a)  Deputy President;
(b)  jurisdictional area;
(c)  President.

  In this instrument:
Act means the Administrative Review Tribunal Act 2024.
Member means a member of the Tribunal other than:

(a)  the President or a Deputy President;

(b)  a Member who is the subject of an assignment by the Governor-General
under subsection 199(8) of the Act.
5  Assignment to Jurisdictional Area
(1)
In accordance with subsection 199(5) of the Act, I am satisfied that each
Member listed in Column 1 of an item of the table in the Schedule to this
instrument has the appropriate skills, qualifications and experience to be
assigned to the jurisdictional area(s) specified in Column 2 for that item.
(2)
Each Member listed in Column 1 of the schedule to this instrument is
assigned to the jurisdictional area(s) specified in Column 2 next to that
Member’s name.
(3)
Each such assignment commences on the date this instrument has effect or on
the date of commencement of the Member’s appointment as a member
(whichever is later) and will continue throughout the Member’s term of
appointment and any term resulting from a reappointment of the Member,
unless varied or revoked under subsection 199(6) of the Act.

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
1
No.1 of 2024

Schedule —Table of Assignments

Column 1
Column 2
Member
Jurisdictional area(s)
Senior Members (Salaried)
Sean Baker
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Katherine Bean
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Margret Bourke
Migration
Protection
Nicole Burns
Migration
Protection
Alison Clues
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Glen Cranwell
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Gabrielle Cullen
General
Migration
National Disability Insurance Scheme
Protection
Bridget Cullen
General
Migration
National Disability Insurance Scheme
Protection
Veterans' and Workers' Compensation
Denis Dragovic
Migration
Protection
Phillip French
General
National Disability Insurance Scheme

2
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Andrew George
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Tamara Hamilton-Noy
General
Migration
Protection
Social Security
Mark Harrowell
General
Intelligence and Security
Migration
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Michael Ison
General
Migration
Protection
Marten Kennedy
General
Migration
Protection
Social Security
John Longo
General
Migration
Protection
Social Security
Jane Lye
General
Intelligence and Security
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Chelsea Lyford
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Nicholas Manetta
General
Migration
Protection
Taxation and Business
Veterans' and Workers' Compensation

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
3
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Jane Marquard
Migration
Protection
Philip Martin
Migration
Protection
Geoffrey McCarthy
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Alison Mercer
Migration
Protection
Alison Murphy
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Andrew Nikolic
General
Intelligence and Security
Migration
Protection
Veterans' and Workers' Compensation
Irene O'Connell
Migration
National Disability Insurance Scheme
Protection
Kim Parker
General
National Disability Insurance Scheme
Taxation and Business
Veterans' and Workers' Compensation
Kira Raif
General
Migration
National Disability Insurance Scheme
Protection
John Rau
General
Migration
Protection
Social Security
Veterans' and Workers' Compensation
Kim Rosser
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation

4
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Cabrini Shepherd
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Theresa Simon
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Meenakshi Sripathy
Migration
Protection
Aaron Suthers
General
National Disability Insurance Scheme
Veterans' and Workers' Compensation
Linda Symons
Migration
Protection
Theodore Tavoularis
General
Migration
Protection
Taxation and Business
Veterans' and Workers' Compensation
Sabine Thode
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
David Thomae
General
Intelligence and Security
Taxation and Business
Veterans' and Workers' Compensation
Christopher Thwaites
General
Migration
National Disability Insurance Scheme
Protection
Susan Trotter
General
Migration
National Disability Insurance Scheme
Protection
Social Security

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
5
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Senior Members (Sessional)
Joanne Collins
National Disability Insurance Scheme
Louise Nicholls
General
Migration
National Disability Insurance Scheme
Protection
Robert Olding
General
Taxation and Business
Virginia Ryan
General
Social Security
Taxation and Business
Peta Spender
General
Migration
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Robert Titterton
General
Migration
National Disability Insurance Scheme
Protection
Taxation and Business
Veterans' and Workers' Compensation
James Walsh
General
Social Security
Alexander Ward
General
Veterans' and Workers' Compensation
Simon Webb
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation
General Members (Salaried)
Michael Abood
General
Taxation and Business
Veterans' and Workers' Compensation
Kylie Allen
Migration
Protection
Robyn Anderson
General
Migration
Protection
Social Security
Adrienne Anderson
Migration
Protection

6
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Mark Ascione
General
Migration
National Disability Insurance Scheme
Veterans' and Workers' Compensation
Sheridan Aster
Migration
Protection
Nicolas Augoustinos
General
Taxation and Business
Thuy Huong Baggiano
Migration
Protection
Mia Bailey
Migration
Protection
Joanne Bakas
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Wendy Banfield
Migration
Protection
David Barker
Migration
National Disability Insurance Scheme
Protection
Veterans' and Workers' Compensation
Daniel Bartlett
General
Intelligence and Security
Taxation and Business
Glynis Bartley
Migration
Protection
Troy Barty
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Diana Benk
General
National Disability Insurance Scheme
Social Security
Taxation and Business
Alicia Bills
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Kim Boyd
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
7
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Fiona Brady
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Melissa Bray
Migration
Protection
Michael Brereton
Migration
Protection
Max Bruce
General
Taxation and Business
Naomi Bryant
General
Migration
National Disability Insurance Scheme
Social Security
Veterans' and Workers' Compensation
Geoffrey Bull
General
Migration
Protection
Micah Burch
General
Migration
Protection
Taxation and Business
Veterans' and Workers' Compensation
Rosalind Burke
General
Veterans' and Workers' Compensation
Anna Burke
General
Migration
Social Security
Veterans' and Workers' Compensation
Bryn Butler
Migration
Protection
Jason Cabarrus
Migration
Protection
Jodie Camden
General
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation

8
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Robert Cameron
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Mark Carey
General
Migration
Social Security
Veterans' and Workers' Compensation
Christian Carney
General
Migration
Protection
Elim Chan
General
Migration
Protection
Social Security
Arti Chetty
Migration
Protection
Richard Chia
General
Migration
Protection
Social Security
Taxation and Business
Andrew Cichy
General
Migration
Protection
Social Security
John Cipolla
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Justine Clarke
Migration
Protection
Christine Cody
Migration
Protection
Scott Collins
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
9
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Alison Colvin
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Mary-Ann Cooper
Migration
Protection
Clyde Cosentino
Migration
Protection
David Cosgrave
General
Migration
Veterans' and Workers' Compensation
Angela Cranston
Migration
Protection
Matthew Currie
Migration
Protection
Veterans' and Workers' Compensation
Gabrielle Curtis
Protection
Rachel Da Costa
Migration
Protection
Mark Darian-Smith
General
Taxation and Business
Susan De Bono
General
National Disability Insurance Scheme
Social Security
Gabrielle Deal
Migration
Protection
Kelvin Defranciscis
General
Social Security
Sandeep Dhillon
Migration
Protection
Dione Dimitriadis
Migration
Protection
Kevin Dodd
General
National Disability Insurance Scheme
Social Security
Jason Donnelly
General
Migration
Protection
Social Security
Tegen Downes
Migration
Protection
Antonio Dronjic
Migration
Protection

10
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Clair Duffy
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Joanne Dunne
General
Taxation and Business
Suseela Durvasula
Migration
Protection
Casey Dutkowski
Migration
Protection
Suhad Dutra
Migration
Protection
Jessica Edis
Migration
Protection
Maritsa Eftimiou
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Thomas Ellison
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Taxation and Business
Veterans' and Workers' Compensation
Xanthe Emery
Migration
Protection
Peter Emmerton
Migration
Protection
Jennifer Ermert
Migration
Protection
Tigiilagi Eteuati
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Shane Evans
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
11
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Amy Faram
Migration
Protection
Paul Favell
General
Social Security
Veterans' and Workers' Compensation
Stewart Fenwick
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Garry Fitzgerald
Migration
Protection
Samantha Fitzsimons
Migration
Protection
Tania Flood
Migration
Protection
Neil Foster
National Disability Insurance Scheme
Social Security
Maria Gagliardi
Migration
Protection
Lana Gallagher
General
Migration
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Rosaline Germov
General
Migration
Protection
Taxation and Business
Bill Gerogiannis
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Kathryn Gillingham
General
Protection
Helen Glass
Migration
Protection
Nathan Goetz
Migration
Protection

12
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Brendan Gogarty
General
National Disability Insurance Scheme
Protection
Taxation and Business
Anita Goldsworthy
Protection
Sally Gooch
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Amanda Goodier
Migration
Protection
Donald Gordon
Migration
Protection
Benjamin Goulding
Migration
Protection
Meredith Graham
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Anne Grant
Migration
National Disability Insurance Scheme
Protection
Social Security
Carolyn Graydon
Migration
Protection
Richard Guemy
Migration
Protection
Tina Guthrie
Migration
National Disability Insurance Scheme
Protection
Social Security
Peter Haag
Migration
Protection
Melissa Haag
Migration
Protection
George Hallwood
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Karen Hamilton
General
National Disability Insurance Scheme
Social Security

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
13
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Genevieve Hamilton
Migration
Protection
Rachelle Hampson
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Mary Hanna
Migration
Protection
Gregory Hanson
Migration
Protection
Katherine Harvey
Migration
Protection
Jessica Henderson
General
Migration
Protection
Deborah Heron
National Disability Insurance Scheme
Social Security
Virajith Hewaarachchi
Migration
Protection
Lorraine Hill
General
Migration
Protection
Social Security
Asher Hirsch
Migration
Protection
Khanh Hoang
Migration
Protection
Susan Hoffman
General
Migration
Protection
Social Security
Richard Hooker
General
Migration
Protection
Social Security
Veterans' and Workers' Compensation
James Horsley
Migration
Protection
Noelle Hossen
Migration
Protection
Edward Howard
Migration
Protection
Denny Hughes
Migration
Protection

14
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Penelope Hunter
General
Migration
National Disability Insurance Scheme
Protection
Sarah Irvine
General
Social Security
David James
General
Migration
Protection
Peter Jensen
General
Social Security
Adam Johnson
Migration
Protection
Rachelle Johnston
Migration
Protection
Sophie Jones
General
Social Security
Veterans' and Workers' Compensation
Michael Judd
Migration
Protection
Samira Kamandi
Migration
Protection
Christine Kannis
Migration
Protection
Social Security
Deborah Keenan
General
Social Security
Hollie Kerwin
Migration
Protection
Elisa Kidston
General
Migration
Protection
Social Security
Hee-Jung Kim
Migration
Protection
Matthew King
General
National Disability Insurance Scheme
Social Security
Anita King
General
National Disability Insurance Scheme
Social Security
John Kotsifas
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
15
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Donna Lambden
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Nora Lamont
Migration
Protection
Deborah Laver
General
Migration
Protection
Social Security
Joshua Le Vay
Migration
Protection
Gary Ledson
Migration
Protection
Rebecca Lee
Migration
Protection
Simon Letch
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Lisa Maree Lo Piccolo
Migration
Protection
Jennifer Lock
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Ben Lumsdaine
Migration
Protection
Li Luo
General
Migration
Protection
Taxation and Business
Jennifer Maclean
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Brygyda Maiden
Migration
Protection

16
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Paul Maishman
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Kate Malyon
Migration
Protection
Sophie Manera
Migration
Protection
Laura-Leigh Manville
General
Social Security
Maxina Martellotta
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Andrew Maryniak
General
Migration
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Christopher Matthies
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Felicity Maxwell
General
Taxation and Business
Veterans' and Workers' Compensation
Melissa McAdam
Migration
Protection
Carolyn McAnally
General
Intelligence and Security
Taxation and Business
Louise McBride
General
Intelligence and Security
Taxation and Business
Maralean McCalman
Migration
National Disability Insurance Scheme
Protection
David McCulloch
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
17
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Louise McDonald
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Kylie McGrath
Migration
Protection
Robert McLaughlin
Migration
Protection
Andrew McLean-Williams
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Jessica McLeod
Migration
Protection
Alan McMurran
Migration
National Disability Insurance Scheme
Veterans' and Workers' Compensation
Stefanie Memmott
Migration
Protection
Belinda Mericourt
Migration
Protection
Justin Meyer
Migration
Protection
Rebecca Mikhail
Migration
Protection
Paul Millar
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Veterans' and Workers' Compensation
Sydelle Muling
Migration
Protection
Jade Murphy
Migration
Protection

18
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Dominique Murphy
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Paul Noonan
General
Migration
Protection
Social Security
Siran Nyabally
Migration
Protection
Mark Oakman
Migration
Protection
Mark O'Loughlin
General
Migration
National Disability Insurance Scheme
Protection
Veterans' and Workers' Compensation
Justin Owen
Migration
Protection
Jonathon Papalia
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Linda Pearson
Migration
Protection
Wayne Pennell
General
Migration
Protection
Jason Pennell
General
Migration
Protection
Franca Petrone
General
Migration
Protection
Social Security
Myra Poon
General
Taxation and Business
Damien Power
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
19
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Radhika Prasad
General
Migration
Protection
Social Security
Victoria Price
Migration
Protection
Lara Proske
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Natalie Purcell
National Disability Insurance Scheme
Peter Ranson
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Alexander Reilly
Migration
National Disability Insurance Scheme
Protection
Fraser Robertson
Migration
Protection
Justine Ross
Veterans' and Workers' Compensation
Andrew Rozdilsky
Migration
Protection
Frank Russo
Migration
Protection
Emily Rutherford
Migration
Protection
Alison Ryan
Migration
Protection
Amanda Ryding
General
National Disability Insurance Scheme
Social Security
Gerard Sammon
General
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation

20
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Sharon Sangha
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Olympia Sarrinikolaou
General
National Disability Insurance Scheme
Social Security
Naomi Schmitz
Migration
Protection
Imogen Selley
National Disability Insurance Scheme
Protection
Taxation and Business
Mary Sheargold
Migration
Protection
Inge Sheck
General
Migration
Protection
Social Security
Andrew Shelley
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Wan Shum
Migration
Protection
Gabrielle Simm
Migration
Protection
Michael Simmons
Migration
Protection
Frances Simmons
Migration
Protection
Shellee Smith
National Disability Insurance Scheme
Rebecca Smith
General
Taxation and Business
Raymond Smith
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Fiona Sneath
General
Intelligence and Security
Migration
Protection
Veterans' and Workers' Compensation

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
21
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Tania Sourdin
General
Intelligence and Security
Social Security
Taxation and Business
Veterans' and Workers' Compensation
David Stevens
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Daniel Stewart
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Claire Stokes
General
Migration
Protection
Taxation and Business
Warren Strange
General
National Disability Insurance Scheme
Social Security
Alexandra Stratigos
Migration
Protection
Mersina Stratos
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Fraser Syme
Migration
Protection
David Thompson
Migration
Protection
Kathryn Thornton
General
Migration
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation

22
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Sarah Thrift
General
Migration
Taxation and Business
Kathleen Timbs
General
Migration
Protection
Social Security
Rupert Timms
Migration
Protection
Justin Toohey
General
National Disability Insurance Scheme
Social Security
Matthew Tubridy
Migration
Protection
Patricia Tyson
Migration
Protection
Andrew Verduci
Migration
Protection
Shyla Vohra
Migration
Protection
Julie von Doussa
General
Migration
Protection
Social Security
Veterans' and Workers' Compensation
Catherine Wall
Migration
Protection
Bryony Walters
Social Security
Susan Waring
General
Migration
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Phillippa Wearne
Migration
Protection
Gregory Weeks
Migration
Protection
Bruce Wells
Migration
Paul White
Migration
Protection

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
23
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Adrian Williams
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Catherine Willis
General
Taxation and Business
Jennifer Wilson
Migration
National Disability Insurance Scheme
Veterans' and Workers' Compensation
Carolyn Wilson
Migration
Protection
Paul Windsor
Migration
Protection
Susan Woodford
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Danae Younger
General
National Disability Insurance Scheme
Taxation and Business
Sue Zelinka
Migration
Protection
Sophia Ziebell-Barnes
Migration
Protection
General Members (Sessional)
William Appleton
General
Social Security
Veterans' and Workers' Compensation
Dawn Barker
General
Social Security
Veterans' and Workers' Compensation
Michelle Baulch
General
Social Security
Jennifer Beard
General
Migration
Protection
Taxation and Business
Angela Beckett
Social Security
Adam Booker
General
Migration
Protection

24
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Alexandra Bordujenko
General
Social Security
Veterans' and Workers' Compensation
John Boultbee
General
Migration
Protection
Taxation and Business
Christhilde Breheny
General
Social Security
Moira Brophy
General
Migration
Protection
Social Security
Veterans' and Workers' Compensation
Tina Bubutievski
General
National Disability Insurance Scheme
Social Security
Alexander Byers
General
Social Security
Jennifer Cavanagh
Social Security
Veterans' and Workers' Compensation
Sevda Clark
General
Migration
National Disability Insurance Scheme
Damian Creedon
Migration
Protection
Bernadette Day
General
Migration
Protection
John Devereux
General
Social Security
Deborah Dinnen
General
Taxation and Business
Veterans' and Workers' Compensation
Patrick Gardner
General
Taxation and Business
Nicholas Gaudion
General
Taxation and Business
Jocelyn Green
Social Security

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
25
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Michael Griffin
General
Intelligence and Security
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Helen Grutzner
General
Social Security
Veterans' and Workers' Compensation
Jonathan Hanton
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Adrian Ho
Migration
Protection
Linda Holub
Migration
Protection
Michael Horsburgh
Social Security
Michael Jones
Social Security
Veterans' and Workers' Compensation
Robert King
General
National Disability Insurance Scheme
Social Security
Suzanne Leal
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Julia Leonard
General
National Disability Insurance Scheme
Social Security
Stephen Lewinsky
General
Social Security
Veterans' and Workers' Compensation
Geoffrey Markov
General
Social Security
Veterans' and Workers' Compensation
Rosemary Mathlin
Migration
Protection
John McAteer
General
National Disability Insurance Scheme

26
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Roderick McRae
General
National Disability Insurance Scheme
Social Security
Veterans' and Workers' Compensation
Jillian Moir
General
Social Security
Veterans' and Workers' Compensation
Lilly Mojsin
Migration
Protection
Marianna Moustafine
Intelligence and Security
Migration
Protection
Craig Mulvey
General
National Disability Insurance Scheme
Social Security
Taxation and Business
Veterans' and Workers' Compensation
Kyriakos Nalpantidis
General
National Disability Insurance Scheme
Social Security
Veterans' and Workers' Compensation
Steven Norman
Migration
Protection
Robert Ormston
General
Intelligence and Security
Veterans' and Workers' Compensation
Louise Prychidczuk
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Julie Quinlivan
General
Social Security
Veterans' and Workers' Compensation
Tamara Quinn
General
Migration
Protection
Felicity Rogers
Intelligence and Security
Veterans' and Workers' Compensation
Tracey Summerfield
General
Social Security

Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)
27
No.1 of 2024

Column 1
Column 2
Member
Jurisdictional area(s)
Andrea Treble
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Veterans' and Workers' Compensation
Margaret Walter
General
Social Security
Richard West
General
Migration
Protection
Veterans' and Workers' Compensation
Magdalena Wysocka
General
Migration
National Disability Insurance Scheme
Protection
Social Security
Deborah Ziegler
General
Migration
National Disability Insurance Scheme
Protection
Taxation and Business
Veterans' and Workers' Compensation

28
Administrative Review Tribunal (Assignment of Members to Jurisdictional Areas)

No.1 of 2024