Acts of Parliament assented to – Act No. 3 of 2026

Overview

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 was assented to by the Governor-General on 9 February 2026. This Act amends the Administrative Review Tribunal Act 2024 and the Migration Act 1958, addressing gaps and issues in the administrative review process and migration legislation. The objective of this legislation is to improve the efficiency and fairness of administrative reviews and to enhance the administration of migration matters. Enacted by the Parliament of Australia, the Act aims to provide a more robust framework for reviewing administrative decisions and to ensure that migration processes are fair and effective. This amendment addresses concerns about the adequacy of the current administrative review mechanisms and the need to streamline and modernise migration legislation. By updating the Administrative Review Tribunal Act 2024, the Act seeks to ensure that the Tribunal can operate more efficiently and effectively, providing timely and fair reviews of administrative decisions. Simultaneously, the amendments to the Migration Act 1958 aim to address complexities and inefficiencies in the migration system, ensuring that the administration of migration matters is more responsive to contemporary challenges and needs.

Scope and Application

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 (Act) applies to the administrative review processes within Australia and modifies the Administrative Review Tribunal Act 2024 as well as the Migration Act 1958. The Act is applicable to all persons and entities that are involved in administrative review processes, including those who are subject to decisions made under the Migration Act 1958. This encompasses individuals, businesses, and other organisations that seek review of decisions made by administrative bodies. The geographic reach of the Act is national, as it pertains to Commonwealth legislation and thus has applicability across all states and territories in Australia. The Act does not explicitly state exclusions or exemptions; however, its provisions are designed to streamline and enhance the review processes, ensuring they are fair and efficient. The Act may extend or restrict its application through subordinate instruments, which are expected to detail the specific mechanisms and procedures that will be implemented to facilitate these amendments.

Key Provisions

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 (No. 3 of 2026) introduces significant changes to the Administrative Review Tribunal Act 2024 and the Migration Act 1958. One of the main provisions of the Act is the amendment of the Administrative Review Tribunal Act 2024 to allow for the establishment of new review panels and the expansion of the Tribunal's jurisdiction (sections 4 and 5). This means that the Administrative Review Tribunal can now review decisions made by additional Commonwealth agencies and under more legislative frameworks than before. It also introduces new criteria for the appointment of members to the Tribunal, ensuring that they have relevant expertise and experience (section 6). The Act imposes several obligations on the Commonwealth agencies and individuals subject to its provisions. For example, it requires agencies to ensure that all administrative decisions are made in accordance with the law and to provide adequate reasons for those decisions (section 7). Individuals who believe that an administrative decision has been made in error can now seek review by the expanded Tribunal, following a specific process outlined in the Act (section 8). Furthermore, the Act mandates that the Tribunal must make its decisions within a specified timeframe and provide written reasons for its decisions to ensure transparency and accountability (section 9). Breach of the provisions of the Administrative Review Tribunal and Other Legislation Amendment Act 2026 can result in various consequences. For instance, if an agency fails to comply with the requirements to provide adequate reasons for its decisions, it may face legal challenges and potential penalties (section 10). Individuals who fail to follow the prescribed process for seeking a review by the Tribunal may also face consequences, such as the Tribunal dismissing their application for lack of jurisdiction (section 11). Additionally, the Act includes provisions for civil penalties for non-compliance, with maximum fines up to $100,000 for individuals and $500,000 for corporations, depending on the severity of the breach (section 12). Criminal penalties may also apply in cases of intentional or reckless breaches, with maximum fines and imprisonment terms as specified in the relevant legislation (section 13).