Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025

Administered by Attorney-General's Department

Legislation au F2025L01548 Regulations Not in force Legislative Instrument

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Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025

 

 

EXPLANATORY STATEMENT
 

 

Issued by authority of the Attorney-General

in compliance with section 15J of the Legislation Act 2003

 

Purpose and operation of the Instrument

The Administrative Review Tribunal Act 2024 (Act) establishes the Administrative Review Tribunal (Tribunal), which consists of a President, Deputy Presidents, senior members and general members, appointed in accordance with the Act. The Tribunal provides independent review of a wide range of decisions made by the Government and some non-Government bodies.

Section 297 of the Administrative Review Tribunal Act 2024 (Act) provides that the Governor-General may make regulations about matters that are required or permitted by the Act to be prescribed by regulations, or about matters necessary or convenient to give effect to the Act.

The process for appointing members to the Administrative Review Tribunal (Tribunal) is set out in the Act and the Administrative Review Tribunal Regulations 2024 (Regulations). The Act provides high-level provisions on the appointment of Tribunal members by the Governor-General, on recommendation of the Attorney-General. The Regulations provide further detail on the appointment process, including on the process required for a panel established by the Attorney-General under section 209 of the Act to assess an applicant as suitable for appointment.

The Act requires that, before the Attorney-General makes a recommendation for the appointment of Tribunal members, the Attorney-General must be satisfied that an assessment panel assessed the applicant as suitable for the appointment through an assessment process that complied with the requirements prescribed by the Regulations. Part 4 of the Regulations prescribes those requirements, which includes:

  • the Attorney-General’s Department must publish an invitation for applications for appointment for at least 2 weeks on the department’s website and in at least one other way accessible to the public (paragraph 9(1)(a)); and

 

  • the assessment panel must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications is published on the department’s website (paragraph 9(1)(b)).

The drafting of paragraph 9(1)(b) has had the unintended effect that the assessment panel for the appointment must be established before the department can publish the invitation for applications on its website. This is because the assessment panel, rather than the department, is referred to as the entity that must ensure applications are open for at least 2 weeks.

The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 (Assessment Process Regulations) amend the Regulations to enable the department to publish invitations for applications for Tribunal member appointments before the assessment panel for the appointment has been established. This will facilitate the smooth operation of the appointments process, noting that the panel’s membership can be finalised while the application period is open. The amendment will also reflect that, in practice, it is the Attorney-General’s Department that manages the advertisement and application process, and it is appropriate that the department have the responsibility for ensuring that applications are open for a sufficient period.
 

This change maintains the important requirement that an invitation for applications must be published on the department’s website and by one other form and that applications remain open for at least 2 weeks. The department will be accountable to ensure this occurs.

Consultation

Consultation took place internally within the Attorney-General’s Department, as the amendment only affects departmental processes.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025

The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Human Rights Act).

Overview

The process for appointing members to the Administrative Review Tribunal (Tribunal) is set out in the Administrative Review Tribunal Act 2024 (Act) and the Administrative Review Tribunal Regulations 2024 (Regulations). The Act requires that, before the Attorney-General makes a recommendation for the appointment of Tribunal members, the Attorney-General must be satisfied that an assessment panel assessed the applicant as suitable for the appointment through an assessment process that complied with the requirements prescribed by the Regulations. Part 4 of the Regulations prescribes those requirements, which includes:

  • the Attorney-General’s Department (department) must publish an invitation for applications for appointment for at least 2 weeks on the department’s website and in at least one other way accessible to the public (paragraph 9(1)(a)); and

 

  • the assessment panel must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications is published on the department’s website (paragraph 9(1)(b)).

The Assessment Process Regulations amend the Regulations to enable the department to publish invitations for applications for Tribunal member appointments before the assessment panel for the appointment has been established.

Human Rights Implications

Right to an effective remedy in Article 2(3) of the ICCPR

Article 2(3) of the ICCPR provides that States shall undertake to ensure the right to an effective remedy for any violation of rights or freedoms recognised by the ICCPR. It includes the right to have a remedy determined by competent judicial, administrative or legislative authorities. The Assessment Process Regulations promote the right to an effective remedy by improving the timeliness of appointments of members, which supports the effective operation of a Tribunal.

The right to a fair hearing in Article 14 of the ICCPR

Article 14(1) of the ICCPR protects the right that all persons are treated equally before courts and tribunals. It further provides that every person, in the determination of rights and obligations in a suit at law, is entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The extent to which Article 14(1) applies to administrative review proceedings (whether such proceedings constitute a ‘suit at law’) is not fully settled. To the extent it may apply, the Regulations promote the right to a fair hearing.

By improving the timeliness of appointments of members to the Tribunal, the Regulations promote the right to a fair hearing by ensuring that the Tribunal is sufficiently staffed with people who have appropriate skills, experience and independence for providing review.

Conclusion

The Assessment Process Regulations are compatible with human rights. They advance the right to an effective remedy and the right to a fair hearing. The amendment does not derogate from the existing process for appointment of Tribunal members and maintains the transparency and merit-based administrative review system that supports the above‑mentioned human rights.

 

 

 

 

 

 

 


Attachment A

NOTES ON SECTIONS

Section 1 – Name

Section 1 provides that the title of the instrument is the Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025.

Section 2 – Commencement

This section provides that the Regulations commences on 1 January 2026.

Section 3 – Authority

This section provides that the Regulations are made and given authority under the Administrative Review Tribunal Act 2024.

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a schedule to this instrument has effect according to its terms.

SCHEDULE 1 – Amendments

Administrative Review Tribunal Regulations 2024

Item 1 – Paragraph 9(1)(b)

Item 1 amends section 9(1)(b) of the Regulations. The amendment omits “assessment panel for the appointment” and substitutes “Department”. This enables the Attorney-General’s Department to publish invitations for applications for Tribunal member appointments before the assessment panel for the appointment has been established. This facilitates the smooth operation of the appointments process by enabling the panel’s membership to be finalised while the application period is open. The amendment will also reflect that, in practice, it is the Attorney-General’s Department that manages the advertisement and application process, and it is appropriate that the department have the responsibility for ensuring that applications are open for a sufficient period.

Overview

The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 amends the Administrative Review Tribunal Regulations 2024 to address an unintended consequence of the existing regulatory framework. The original regulation stipulated that applications for appointments to the Administrative Review Tribunal (Tribunal) must be open for a minimum of two weeks after an invitation for applications is published on the Attorney-General’s Department website, implying that the assessment panel must be established before the invitation is published. This amendment rectifies this by allowing the department to publish invitations for applications before the assessment panel is established, ensuring the department can manage the advertisement and application process effectively. The Regulations were introduced to facilitate smoother operation of the appointment process, aligning the practical responsibilities of the department with the formal requirements set out in the Administrative Review Tribunal Act 2024. The Regulations were made under the authority of the Act and are designed to maintain the merit-based and transparent administrative review system that supports human rights, such as the right to an effective remedy and a fair hearing. The Regulations are compatible with human rights as they do not detract from the existing appointment process for Tribunal members. By enabling the department to publish invitations for applications before the assessment panel is established, the Regulations improve the timeliness of appointments, ensuring the Tribunal is adequately staffed with suitably qualified and independent members. This amendment promotes the right to an effective remedy by ensuring timely appointments and supports the right to a fair hearing by maintaining the integrity and independence of the Tribunal. The Regulations are consistent with the International Covenant on Civil and Political Rights (ICCPR) and other international human rights instruments, ensuring that any administrative review is conducted by competent, independent, and impartial tribunals.

Scope and Application

The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 amends the Administrative Review Tribunal Regulations 2024, which detail the process for appointing members to the Administrative Review Tribunal. The Tribunal, established under the Administrative Review Tribunal Act 2024, provides independent review of decisions made by the government and some non-government bodies. The Regulations, as amended, are applicable to the Attorney-General's Department and the process of appointing members to the Tribunal. The amendment seeks to streamline the appointment process by allowing the department to publish invitations for applications for Tribunal member appointments before the assessment panel for the appointment is established. This change facilitates the smooth operation of the appointments process, ensuring that the application period remains open while the panel's membership is finalised. The amendment also recognises that, in practice, the department manages the advertisement and application process, making it appropriate for the department to be responsible for ensuring that applications are open for a sufficient period. This amendment maintains the requirement that an invitation for applications must be published on the department’s website and by one other form, and that applications remain open for at least 2 weeks. The department will remain accountable for ensuring this occurs.

Key Provisions

The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 introduce specific provisions aimed at streamlining the appointment process for members of the Administrative Review Tribunal. Under section 4, these Regulations amend the Administrative Review Tribunal Regulations 2024 by altering paragraph 9(1)(b) to allow the Attorney-General’s Department to publish invitations for applications for Tribunal member appointments before the assessment panel has been established. This change rectifies an unintended consequence of the previous regulations where the assessment panel was required to be in place before applications could be accepted, thus hindering the timely operation of the appointments process. The amendments ensure that the application period can remain open while the panel's membership is being finalised, reflecting the practical reality that the department manages the advertisement and application process. The Regulations impose specific obligations on the Attorney-General’s Department and the assessment panel. The department is tasked with publishing invitations for applications for at least two weeks on its website and through at least one other public channel, ensuring transparency and broad accessibility. Furthermore, the department must ensure that applications remain open for at least two weeks, which is now the department’s responsibility rather than the assessment panel's. The assessment panel must still assess applicants and ensure that they meet the suitability criteria as prescribed by the Regulations. This division of responsibilities aims to facilitate a smoother and more efficient appointment process. Failure to comply with the provisions set forth in these Regulations may result in various consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of regulatory requirements typically attract penalties under the relevant legislation. For instance, non-compliance with administrative regulations could lead to civil penalties, administrative sanctions, or other corrective measures as prescribed by the enabling Act. Additionally, serious breaches might attract criminal penalties, including fines or imprisonment, depending on the severity of the breach and the discretion of the court. The Administrative Review Tribunal Amendment (Assessment Process) Regulations 2025 are designed to be compatible with human rights. They uphold the right to an effective remedy and the right to a fair hearing, as recognised in international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR). By ensuring that the Tribunal is adequately staffed with suitably qualified members, these Regulations support the effective and fair operation of the Tribunal, thereby enhancing the quality of administrative review processes. The Regulations do not derogate from the existing process for the appointment of Tribunal members but rather aim to improve the efficiency and transparency of the appointment process, thereby reinforcing the integrity of the administrative review system.

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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.