Tribunals Amalgamation Act 2015

Administered by Attorney-General's Department

Legislation au C2015A00060 Not in force Act

Legislation content

 

 

 

 

 

 

Tribunals Amalgamation Act 2015

 

No. 60, 2015

 

 

 

 

 

An Act to amalgamate certain administrative review tribunals, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

4 Review of operation of amendments

Schedule 1—Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

Schedule 2—Migration amendments

Part 1—Main amendments

Migration Act 1958

Part 2—Multiple amendments

Division 1—References to MRT‑reviewable decisions

Migration Act 1958

Division 2—References to officers of the Tribunal

Migration Act 1958

Division 3—References to RRT‑reviewable decisions

Migration Act 1958

Part 3—Contingent amendments

Division 1—Interaction with the Migration Amendment (Protection and Other Measures) Act 2015

Migration Act 1958

Migration Amendment (Protection and Other Measures) Act 2015

Division 2—Interaction with the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014

Administrative Appeals Tribunal Act 1975

Migration Act 1958

Division 3—Interaction with the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014: multiple amendments

Migration Act 1958

Division 4—Interaction with the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014: transitional provisions

Division 5—Interaction with the Migration Amendment (Character and General Visa Cancellation) Act 2014

Migration Act 1958

Division 6—Interaction with the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Act 2015

Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Act 2015

Schedule 3—Social security amendments

Social Security Act 1991

Social Security (Administration) Act 1999

Schedule 4—Child support amendments

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Schedule 5—Family assistance amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Schedule 6—Paid parental leave amendments

Paid Parental Leave Act 2010

Schedule 7—Student assistance amendments

Part 1—Main amendments

Student Assistance Act 1973

Part 2—Contingent amendments

Student Assistance Act 1973

Schedule 8—Other consequential amendments

Part 1—Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

Archives Act 1983

Australian Charities and Not‑for‑profits Commission Act 2012

Australian Citizenship (Transitionals and Consequentials) Act 2007

Australian Grape and Wine Authority Act 2013

Civil Dispute Resolution Act 2011

Commonwealth Electoral Act 1918

Court Security Act 2013

Crimes Act 1914

Criminal Code Act 1995

Defence Act 1903

Federal Proceedings (Costs) Act 1981

Financial Institutions Supervisory Levies Collection Act 1998

Freedom of Information Act 1982

Industry Research and Development Act 1986

Inspector‑General of Intelligence and Security Act 1986

Inspector of Transport Security Act 2006

Insurance Acquisitions and Takeovers Act 1991

Judges’ Pensions Act 1968

Lands Acquisition Act 1989

Military Rehabilitation and Compensation Act 2004

Public Interest Disclosure Act 2013

Safety, Rehabilitation and Compensation Act 1988

Seafarers Rehabilitation and Compensation Act 1992

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987

Surveillance Devices Act 2004

Taxation Administration Act 1953

Telecommunications (Interception and Access) Act 1979

Trans‑Tasman Mutual Recognition Act 1997

Part 2—Contingent amendments

Biosecurity Act 2015

Freedom of Information Act 1982

Schedule 9—Transitional and saving provisions

Part 1—Preliminary

Part 2—Tribunal members and certain officers

Part 3—Review of decisions

Part 4—Matters specific to particular…

Overview

The Tribunals Amalgamation Act 2015 was enacted by the Parliament of Australia to streamline the administration of various tribunals by amalgamating them into the Administrative Appeals Tribunal (AAT). This legislative reform was aimed at addressing inefficiencies and inconsistencies arising from the existence of multiple tribunals. The Act consolidates the review functions of the Migration Review Tribunal (MRT), the Refugee Review Tribunal (RRT), and the Social Security Appeals Tribunal (SSAT) into the AAT, thereby creating a more centralised and efficient administrative review process. Additionally, the Act makes various amendments to other legislative instruments to reflect this consolidation, ensuring a cohesive legal framework that governs the operation and review functions of the AAT across different sectors including migration, social security, and student assistance. The overarching policy objective of the Act is to enhance the accessibility, fairness, and efficiency of administrative review processes within Australia.

Scope and Application

The Tribunals Amalgamation Act 2015 is a Commonwealth legislation that amalgamates certain administrative review tribunals, including the Administrative Appeals Tribunal (AAT), Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT), and the Social Security Appeals Tribunal (SSAT), into the AAT. This Act applies to persons, entities, and decisions affected by the amendments and applies across Australia as a Commonwealth Act. The Act modifies and repeals provisions in various other Acts, including the Migration Act 1958, Social Security Act 1991, Child Support (Assessment) Act 1989, A New Tax System (Family Assistance) Act 1999, Paid Parental Leave Act 2010, and Student Assistance Act 1973, to reflect the amalgamation of tribunals. The Act also includes transitional and saving provisions to ensure a smooth transition of proceedings and decisions from the discontinued tribunals to the AAT. The operation of the Act extends to decisions made and proceedings commenced before its commencement date, with certain exceptions for conduct occurring before the Act's commencement and specific provisions addressing the character of decisions made by the discontinued tribunals. The Act allows for further extension or restriction of its application through subordinate instruments.

Key Provisions

  • The Tribunals Amalgamation Act 2015 (C2015A00060) primarily involves the restructuring and consolidation of certain administrative review tribunals into the Administrative Appeals Tribunal (AAT). The Act defines the AAT's objective as providing an accessible, fair, economical, and proportionate review mechanism (sections 2A and 2A(1)). It specifies qualifications for appointments to the AAT, including that the President must be a Federal Court judge and other members must have legal qualifications or relevant expertise (subsections 7(1) and 7(2)). The Act also details the powers of the Minister to assign members to specific divisions within the AAT (sections 17A to 17H). Additionally, it outlines the roles and responsibilities of the Registrar and the staff of the AAT, including their engagement and consultation with the President (sections 24N and 24P).
  • The Act imposes several obligations on the AAT and its members. For instance, members must avoid conflicts of interest and disclose any that arise (subsections 8(1) and 8(2)). Full-time members are subject to specific leave and recreation entitlements (sections 12 and 12A), while the President is responsible for the efficient and expeditious arrangement of the Tribunal's business (section 18A). The Registrar must consult with the President regarding administrative matters (subsection 24M(4)). The Act also mandates that the Minister must commission a review of the amendments' operation within three years of the Act's commencement (section 4(1)).
  • Failure to comply with certain provisions of the Act can lead to civil or criminal consequences. For instance, failing to comply with a summons issued by the AAT is an offence punishable by up to 12 months imprisonment or 60 penalty units, or both (section 61). Similarly, breaching an order under subsection 35(3) or (4) or 35AA(2) carries the same penalty (section 62C). Contempt of the AAT, including obstructing its proceedings or acting in a way that would constitute contempt if the AAT were a court, is also an offence with the same penalty (section 63). Failure to comply with a notice to produce documents or information for a proceeding before the AAT is another offence with the same penalty (section 62). Each of these provisions includes a defence if compliance would tend to incriminate the person.
  • The Act further details specific amendments and repeals across several other Acts, including the Migration Act 1958, Social Security Act 1991, Child Support (Assessment) Act 1989, and others. These amendments primarily involve changing references from the former tribunals (Migration Review Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunal) to the AAT and updating definitions and roles within these Acts. The Act also includes transitional provisions to ensure continuity of operations and decisions made before the Act's commencement, such as maintaining the validity of certain decisions and continuing ongoing reviews and proceedings (Schedule 9).

Legal classification tags

Area of Law
Administrative Law
Immigration & Refugee Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Offence Provisions
Enforcement Powers
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.