Administrative Review Tribunal Amendment Rules (No. 1) 2025

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Legislation au F2025L01602 Rules Not in force Legislative Instrument

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Administrative Review Tribunal amendment Rules (no. 1) 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 Amendment Rules (No.1) 2025 (Amendment Rules) amend provisions in the Administrative Review Tribunal Rules 2024 (ART Rules) to ensure the Administrative Review Tribunal (ART) operates as efficiently as possible.

Under section 295 of the Administrative Review Tribunal Act 2024 (ART Act), the Minister may make rules prescribing matters that are required or permitted to be prescribed by the rules, or necessary or convenient for carrying out or giving effect to the ART Act.

The purpose of the Amendment Rules is to:

  • enable the President of the Tribunal to authorise registrars and staff members of the Tribunal to exercise or perform additional Tribunal powers or functions, enhancing the Tribunal’s ability to efficiently progress matters before they are heard by a member, 
  • consistent with the scheme of Division 4 of Part 11 of the ART Act, have the effect that limitations imposed on the exercise of certain powers or functions which members and registrars may be authorised to perform are to be imposed by the President in the authorising instrument, rather than prescribed in the ART Rules, and
  • provide for additional decisions for which an application fee is not payable, as a result of the Aged Care Act 2024 (Aged Care Act), which commenced on 1 November 2025.

Additional authorisation powers for registrars and staff members of the ART

Paragraphs 283(b), 284(b) and 285(b) of the ART Act allow the ART Rules to prescribe functions and powers that the President may authorise members, registrars and staff to perform. The ART as constituted will generally have control over how a proceeding is conducted, but there are circumstances where it is appropriate to utilise other members, registrars or staff to resolve a matter as efficiently as possible.

Authorisations under the ART Act are structured so that the functions and powers that a person can perform or exercise increase in accordance with the person’s level of seniority:

  • functions and powers that require a greater degree of analysis and significant exercise of discretion should only be performed or exercised by members,
  • functions and powers that require the exercise of some discretion can generally be authorised to registrars to perform or exercise,
  • functions and powers that do not require an exercise of discretion, or are administrative in nature, are appropriate for staff to perform or exercise.

The Amendment Rules amend the ART Rules to include additional functions and powers which the President may authorise registrars and staff to perform or exercise under the ART Act, the ART Rules and the Migration Act 1958 (Migration Act). These amendments support the ART in providing an independent mechanism of administrative review that ensures applications to the ART are resolved quickly, and with as little formality, as a proper consideration of the matters before the ART permit.

Removal of limited authorisations

The Amendment Rules amend the ART Rules to remove references to limitations imposed in relation to several of the powers and functions which members and registrars may be authorised to perform. Consistent with the scheme of Division 4 of Part 11 of the ART Act, the President of the ART would prescribe conditions in authorisation instruments consistent with their powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Updated references to the Aged Care Act 2024

The Amendment Rules update references to decisions for which application fees are not payable under the Aged Care Act 1997 with equivalent provisions contained within the Aged Care Act 2024 (Aged Care Act) which commenced 1 November 2025 to maintain existing policy settings. The Amendment Rules also add additional reconsideration decisions under the Aged Care Act which applications are not payable.

Consultation

Subsection 295(6) of the ART Act provides that, before making rules affecting the practice, procedure or operations of the ART, the Minister must consult the President of the ART. The Attorney-General satisfied this requirement by consulting on the draft Amendment Rules with the President on 1 December 2025.

The Attorney-General’s Department also undertook public consultation on the draft Amendment Rules (excluding for the provisions relating to the removal of limited authorisations and the Aged Care Act) between 1 September 2025 and 19 September 2025, via a survey hosted on the department’s website, with key stakeholders invited to provide submissions.

During the development of the draft Amendment Rules, the department also consulted with the ART, the Department of Home Affairs, the Department of Health, Disability and Ageing and other affected agencies which administer Acts referenced in the Amendment Rules.

 


Statement of Compatibility with Human Rights

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

The Administrative Review Tribunal Amendment Rules (No. 1) 2025 (Amendment Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Amendment Rules amend the Administrative Review Tribunal Rule 2024 (ART Rules) to include additional functions and powers which the President of the ART may authorise registrars and staff to perform or exercise under the Administrative Review Tribunal Act 2024 (ART Act), ART Rules and the Migration Act 1958 (Migration Act). These amendments expand the group of people who could validly be authorised to exercise pre-existing administrative and procedural powers of the ART to registrars and staff members, to support the efficient operation of the ART. These functions or powers are largely routine in nature, do not involve the exercise of discretion, and can be adequately performed by the authorised registrar or staff. These additional functions or powers are administrative in nature and support the efficient operation of the ART.

Consistent with the scheme of Division 4 of Part 11 of the ART Act, the Amendment Rules have the effect that limitations imposed in relation to several of the powers or functions which members and registrars may be authorised to perform are to be imposed by the President in the authorising instrument, rather than prescribed in the ART Rules. The President of the ART would prescribe these conditions in authorisation instruments using the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

The Amendment Rules also update references to decisions for which an application fee is not payable under the Aged Care Act 1997 with equivalent provisions contained within the Aged Care Act 2024 (Aged Care Act) which commenced on 1 November 2025. Further, the Amendment Rules include an additional decision under the Aged Care Act where application fees are not payable.

Human Rights Implications

The Amendment Rules engage the following rights:

  • the right to an effective remedy and the right to a fair and public hearing in Article 2(3) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

The right to an effective remedy and the right to a fair hearing in Articles 2(3) and 14 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 ICCPR. It includes the right to have a remedy determined by competent judicial, administrative or legislative authorities. This right also encompasses the duty to ensure competent authorities enforce any such remedies when granted.

Article 14(1) of the ICCPR provides that everyone is entitled to a ‘fair and public hearing by a competent, independent and impartial tribunal established by law’.

While 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 Amendment Rules promote these rights by supporting the procedural framework for reviews in the ART, enabling better access to effective remedies.

The ART Rules provide for the payment of an application fee for reviews of a decision in certain circumstances. Requiring the payment of fees is a limitation on a person's right to a fair hearing that is reasonable, necessary and proportionate in the circumstances. Payment of a fee is a legitimate objective to reflect the cost of the service provided by the ART, reflects standard practice for similar bodies, and is subject to exceptions to promote access to justice. The ART Rules identify circumstances in which a reduced fee, or no fee at all, is payable.

The Amendment Rules provide for further decisions which no fee is payable. The Amendment Rules therefore enhance access to a fair hearing by ensuring there are no application fees payable by an applicant in respect of review of these decisions.

Conclusion

The Amendment Rules are compatible with human rights and freedoms because they promote the protection of human rights by advancing the right to an effective remedy, and a fair hearing.

Attachment A

NOTES ON SECTIONS

PART 1 – Preliminary

Section 1 – Name

  1.          This section provides that the title of the instrument is the Administrative Review Tribunal Amendment Rules (No. 1) 2025.

Section 2 – Commencement

  1.          This section provides that the Administrative Review Tribunal Amendment Rules (No. 1) 2025 commence on the day after the instrument is registered.

Section 3 – Authority

  1.          This section provides that the instrument is made under the Administrative Review Tribunal Act 2024.

Section 4 – Schedules

  1.          This section provides for the operation of the provisions set out in the Schedule. Where an instrument is amended in the Schedule to this instrument, that amendment has effect as is contained in the Schedule. Any other item in a Schedule has effect according to its terms.

SCHEDULE 1 - Amendments

PART 1 – Authorisations by the President

Administrative Review Tribunal Rules 2024

  1.          Paragraphs 283(b), 284(b) and 285(b) of the Administrative Review Tribunal Act 2024 (ART Act) allow the Administrative Review Tribunal Rules 2024 (ART Rules) to prescribe functions or powers that the President of the ART may authorise members, registrars and staff to perform or exercise. These functions or powers authorised to lower levels of authority also apply to more senior roles. Under paragraph 285(1)(a) of the ART Act, the President can authorise a registrar to perform or exercise any functions or powers a staff members can be authorised to perform or exercise. Likewise, under paragraph 284(1)(a) of the ART Act, a member can be authorised by the President to perform or exercise any powers or functions a registrar can be authorised to perform or exercise. Therefore, if a staff member may be authorised to perform or exercise a function or power under the ART Act or another Commonwealth Act, both registrars and members may be authorised to perform or exercise that function or power.
  2.          The Amendment Rules amend the ART Rules to enable the President of the ART to authorise registrars and staff to undertake additional functions or powers under the ART Act, ART Rules and other Commonwealth Acts. These functions or powers are largely routine in nature, do not involve the exercise of discretion, and can be adequately performed by the authorised registrar or staff. These additional functions or powers are administrative in nature and support the efficient operation of the ART.
  3.          The Amendment Rules also ensure that the limitations imposed in relation to several of the powers or functions which members and registrars may be authorised to perform are imposed by the President in the authorising instrument, rather than prescribed in the ART Rules. The ART rules prescribe the powers which can be authorised to members, registrars and staff, and limitations on the exercise of those powers are imposed by the President in accordance with the power under section 287 of the ART Act.

Item 1- Subsection 17(1) (heading)

  1.          This item repeals and replaces the heading ‘General authorisations’ in the ART Rules with ‘Functions and powers under the Act’, to reflect the removal of the distinction between ‘general authorisations’ and ‘limited authorisations’ for members under item 5 of the Amendment Rules.

Item 2 – Subsection 17(1)

  1.          This item removes the subsection label ‘(1)’ from section 17 of the ART Rules, to reflect the repeal of subsection 17(2) by Item 5.

Item 3 - Subsection 17(1) (after table item 4)

  1.      This item inserts a reference to subsection 10A(1) of the Federal Proceedings (Costs) Act 1981 into the table in section 17 of the ART Rules. This table identifies functions and powers under various Commonwealth legislation which the President may authorise members to perform or exercise for the purposes of paragraph 284(1)(b) of the ART Act.
  2.      Subsection 17(2) allowed the President to authorise a member to perform this function, but only if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 4 – Subsection 17(1) (after table item 7)

  1.      This item inserts a reference to subclause 7(4) of Part 2 of the Schedule to the Radiocommunications Act 1992 into the table in section 17 of the ART Rules. This table identifies functions and powers under various Commonwealth legislation which the President may authorise members to perform or exercise for the purposes of paragraph 284(1)(b) of the ART Act.
  2.      Subsection 17(2) allowed the President to authorise a member to perform this function, but only if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 5 – Subsection 17(2)

  1.      This item repeals subsection 17(2) of the ART Rules, which sets out a list of functions and powers conferred on the ART under Commonwealth legislation that the President could only authorise a member to perform if they were making a decision agreed to by the parties under section 103 of the Act.
  2.      The functions and powers listed in subsection 17(2) are incorporated by Items 3 and 4 into the general list of functions and powers that may be authorised by the President. The President of the ART would be able to prescribe conditions in authorisation instruments consistent with the President’s powers under section 287 of the ART Act.
  3.      This item ensures that any limitations imposed on the exercise of certain powers or functions which members may be authorised to perform are imposed by the President in the authorising instrument, rather than prescribed in the ART Rules, ensuring a consistent approach with the authorisation scheme under the ART Act. The President has indicated that any conditions that he decides to impose will be included in authorisation instruments made under Division 4 of Part 11 of the ART Act.

Item 6 – Before subsection 18(1)

  1.      This item inserts new subsection 18(1A) into the ART Rules to enable the President of the ART to authorise registrars to perform additional functions and powers under the ART Act. A key element of the legislative reforms to establish the ART involved enabling registrars and staff to exercise more of the ART’s procedural and administrative powers, in order to streamline the ART’s pre-hearing case management processes and enhance its ability to progress matters before they are heard by a member. The following functions and powers are appropriate for registrars to perform or exercise because they are primarily routine matters and provide registrars with greater flexibility in managing and progressing matters before they are heard by a member. Authorising registrars to exercise these functions will also enable members to focus on conducting hearings and making substantive decisions.
  2.      Paragraph 18(1A)(a) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under subsection 32(2) of the ART Act. Subsection 32(2) provides that, on application by a party to a proceeding, the ART may make an order staying or otherwise affecting the operation or implementation of the decision if the ART considers that it is desirable to do so for the purpose of ensuring the effectiveness of the review.
  3.      Paragraph 18(1A)(b) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under subsection 32(6) of the ART Act. Subsection 32(6) provides that, on application by a party to the proceeding, the ART may, by order, vary or revoke the order made under subsection 32(2).
  4.      Paragraph 18(1A)(c) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under subsection 62(1A) of the ART Act. Subsection 62(1A) provides that if a non-participating party to a Tribunal case event gives the ART written notice that the party wishes to participate in the Tribunal case event, the ART must decide whether or not the party is to participate in the Tribunal case event.
  5.      Paragraph 18(1A)(d) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under paragraph 63(2)(a) or (b) of the ART Act. Subsection 63(2) provides that the ART may order a non-participating party to appear before the ART at a Tribunal case event in relation to the proceeding (paragraph 63(2)(a)), or give the ART written submissions in relation to the proceeding or a Tribunal case event in relation to the proceeding (paragraph 63(2)(b)), if the ART considers it would assist in progressing the proceeding or in making the correct or preferable decision.
  6.      Paragraph 18(1A)(e) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under subsection 70(1) of the ART Act. Subsection 70(1) provides that the ART may, by order, give directions prohibiting or restricting the publication or other disclosure of information that might reveal the identity of parties, witnesses, and persons related or otherwise associated with them.
  7.      Paragraph 18(1A)(f) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under subsection 70(2) of the ART Act. Subsection 70(2) provides that the ART may, by order, give directions prohibiting or restricting the publication or other disclosure of information relating to the proceeding that comprises evidence, or is information given to the ART.
  8.      Paragraph 18(1A)(g) enables the President of the ART to authorise a registrar to perform or exercise a function or power of the ART under section 99 of the ART Act. Section 99 provides that the ART may dismiss an application if the applicant fails to appear at a Tribunal case event and the ART is satisfied that the applicant received appropriate notice of the date, time and place of the Tribunal case event.
  9.      The item also inserts a new heading before subsection 18(1A) (‘Functions and powers under the Act’), to reflect the difference between the authorisations contained in new subsection 18(1A) inserted by Item 6, and the existing authorisations contained in subsection 18(1).

Item 7 – Subsection 18(1) (heading)

  1.      This item repeals and replaces the heading ‘General authorisations’ in the ART Rules with ‘Functions and powers under other Acts’, to reflect the removal of the distinction between ‘general authorisations’ and ‘limited authorisations’ for registrars under item 21 of the Amendment Rules, and to reflect the difference between the authorisations contained in new subsection 18(1A) inserted by Item 6, and the existing authorisations contained in subsection 18(1).

Item 8 – Subsection 18(1) (table item 1, column 2)

  1.      This item inserts a reference to subsections 124(1) and (2) and 125(2), and section 127 of the A New Tax System (Family Assistance) (Administration) Act 1999, into the table in subsection 18(1) of the ART Rules. This table identifies functions and powers under various Commonwealth legislation which the President may authorise registrars to perform or exercise for the purposes of paragraph 285(1)(b) of the ART Act.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 9 – Subsection 18(1) (table item 2, column 2)

  1.      This item inserts a reference to subsections 44(2) and (7) of the Archives Act 1983 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 10 – Subsection 18(1) (table item 5, column 2)

  1.      This item inserts a reference to subsection 95N(2) of the Child Support (Registration and Collection) Act 1988 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 11 – Subsection 18(1) (table item 7, column 2)

  1.      This item inserts a reference to section 359A of the Migration Act 1958 (Migration Act) into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Section 359A of the Migration Act provides that the ART must give applicants who are seeking review of a reviewable migration decision the particulars of any information that the ART considers would be the reason, or a part of the reason, for affirming the decision that is under review, and inviting the applicant to comment on this information. It is appropriate for registrars to perform this function as:
  • it would enhance the ART’s ability to efficiently case manage migration and protection reviews,
  • there are important safeguards to ensure this function is performed appropriately by registrars. For example, any comments provided by an applicant in response to an invitation given by a registrar under section 359A must be considered by the member. This ensures members have oversight of, and consider, the relevant information provided through the process under section 359A, regardless of whether the invitation for comment was issued by a registrar or a member. The ART as constituted for a matter must be satisfied that section 359A has been complied with before making its decision, and
  • reforms to the Migration Act mean the ART can no longer dismiss an application if a person does not provide comments in response to an invitation issued under section 359A. Accordingly, the performance of this function does not carry the potential risk of loss of hearing rights for applicants to a reviewable migration decision.

Item 12 – Subsection 18(1) (table item 7, column 2)

  1.      This item inserts a reference to subsection 368C(5) of the Migration Act into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Section 368C(5) of the Migration Act provides that, if an applicant fails to apply for reinstatement within 28 days of the ART dismissing their application, the ART must confirm the decision to dismiss the application by a written statement given under section 368.
  3.      It is appropriate for registrars to exercise this power, as this is a routine function that does not involve the exercise of a discretion. The function of confirming a dismissal is mandatory step that rests on an objective fact (the applicant has not submitted an application for reinstatement within 28 days). A registrar is able to perform this function if the hearing for the matter has not commenced (which will be the case in many circumstances in which a matter has been dismissed).

Item 13 – Subsection 18(1) (after item 7)

  1.      This item inserts a reference to subsections 357(3) and (4) of the Military Rehabilitation and Compensation Act 2004 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.  
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 14 – Subsection 18(1) (table item 8, column 2)

  1.      This item inserts a reference to subsections 233(2) and 272(2) and (3) of the Paid Parental Leave Act 2010 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.   
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 15 – Subsection 18(1) (after table item 8)

  1.      This item inserts a reference to subsections 67(8), (8A), (8B) and (9) of the Safety, Rehabilitation and Compensation Act 1988, subsections 67(8), (8A), and (9) of the Safety, Rehabilitation and Compensation (Defence related Claims) Act 1988, and subsections 92(1) and (2) of the Seafarers Rehabilitation and Compensation Act 1992 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform these functions if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 16 – Subsection 18(1) (at the end of the cell at table item 9, column 2)

  1.      This item inserts a reference to sections 177 and 183 of the Social Security (Administration) Act 1999 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 17 – Subsection 18(1) (at the end of the cell at table item 10, column 2)

  1.      This item inserts a reference to sections 317 and 319 of the Student Assistance Act 1973 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 18 – Subsection 18(1) (at the end of the table)

  1.      This item inserts a reference to subsections 177(2), (3), (5), (5A) and (6) of the Veterans’ Entitlements Act 1986 into the table in subsection 18(1) of the ART Rules, which sets out the powers and functions the President of the ART may authorise a registrar to perform or exercise under various Commonwealth legislation.
  2.      Subsection 18(4) allowed the President to authorise a registrar to perform this function if they were making a decision agreed to by the parties under section 103 of the Act.
  3.      This item does not include this limitation. Instead, the President of the ART would be able to prescribe this condition in the authorisation instrument consistent with the President’s powers under section 287 of the ART Act. These amendments ensure a consistent approach to the authorisation of ART functions and powers.

Item 19 – Before subsection 18(3)

  1.      This item inserts the heading ‘Functions and powers under this instrument’ before subsection 18(3) in the ART Rules, to assist the reader to understand the structure of section 18, and the reflect the difference between these authorisations and the authorisations set out in new section 18(1A), and existing section 18(1).

Item 20 – Subsection 18(3)

  1.      This item removes references to sections 25 and 26 of the Rules from section 18 of the ART Rules (Authorisations for registrars). Item 24 then inserts these functions in section 19 (Authorisations for staff members).
  2.      The effect of this item, combined with item 24, is that both registrars and staff members may be authorised by the President to perform or exercise the functions or powers under sections 25 and 26 of the ART Rules. Subsection 25(1) of the ART Rules provides that the ART may make orders that an applicant pay the prescribed fee (rather than a lower application fee), if the ART considers that the amount in dispute is less than $5,000. Subsection 26(1) of the ART Rules provides that the ART may make orders that an applicant pay the prescribed fee (rather than a lower application fee), if the ART considers that the applicant is not a small business entity.

Item 21 – Subsection 18(4)

  1.      This item repeals subsection 18(4) of the ART Rules, which sets out a list of functions and powers conferred on the ART under Commonwealth legislation that the President may only authorise a registrar to perform if they are making a decision agreed to by the parties under section 103 of the Act.
  2.      The functions and powers listed in subsection 18(4) are incorporated by Items 8, 9, 10, 13, 14, 15, 16, 17, 18 into the general list of functions and powers that may be authorised by the President. The President of the ART would be able to prescribe conditions in authorisation instruments consistent with the President’s powers under section 287 of the ART Act.
  3.      The President has indicated that any conditions that he decides to impose will be included in authorisation instruments made under Division 4 of Part 11 of the ART Act.

Item 22 – Section 19 (after the heading)

  1.      This item inserts new subsection 19(1A) into the ART Rules, which enables the President of the ART to authorise staff members to perform or exercise additional functions or powers for the purposes of paragraph 268(b) of the ART Act. The item also inserts a heading before subsection 19(1A) (‘Functions and powers under the Act’) to reflect the difference between the authorisations contained in subsection 19(1A), and the existing subsection 19(1) and new subsection 19(2) inserted by Item 24.
  2.      A key element of the legislative reforms to establish the ART involved enabling registrars and staff to exercise more of the ART’s procedural and administrative powers, in order to streamline the ART’s pre-hearing case management processes and enhance its ability to progress matters before they are heard by a member. The following functions and powers are appropriate for staff members to perform or exercise as they are administrative in nature. Authorising staff members to perform or exercise these functions and powers will support the efficient operation of the ART by ensuring the ART can most effectively deploy its resources, including by reserving more senior staff and member effort for substantive aspects of hearing a matter.
  3.      Paragraph 19(1A)(a) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 19(5) of the ART Act. Subsection 19(5) allows the ART to notify any other person, or require the applicant to notify any other person, of an extension application that the ART considers is affected by the extension application.
  4.      Paragraph 19(1A)(b) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 21(3) of the ART Act. Subsection 21(3) provides that if an application is made to the ART for review of a decision and the ART considers that another person’s interest may be affected by the decision, the ART may give to the person, or require the applicant to give to a person, a written notice of the application and the person’s right to apply to become a party.
  5.      Paragraph 19(1A)(c) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 68(2) or (3) of the ART Act. Subsection 68(2) provides that the ART must appoint an interpreter if requested by a person appearing before the ART, unless the ART considers that the person does not need an interpreter to communicate with the ART or to understand evidence. Subsection 68(3) provides the conditions under which the ART must appoint an interpreter for a person appearing at a Tribunal case event, where the person does not request an interpreter.
  6.      Paragraph 19(1A)(d) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 74(1) of the ART Act. Subsection 74(1) provides that, if the ART has reasonable grounds to believe that a person has information, or a document or thing, relevant to a proceeding in the ART, the ART may summon, in writing, a person to appear before the ART to give evidence and/or produce any document or thing specified in the summons on the day, time and place specified in the summons.
  7.      Paragraph 19(1A)(e) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 113(1) of the ART Act. Subsection 113(1) provides that the ART may publish ART decisions and the reasons for them.
  8.      Paragraph 19(1A)(f) enables the President of the ART to authorise a staff member to perform or exercise a function or power of the ART under subsection 270(4) of the ART Act. Subsection 270(4) provides that, if the ART decides that the decision-maker should give the person the statement of reasons, the decision-maker must give the person the statement of reasons within 28 days after the ART notifies the decision-maker of the ART's decision.
  9.      This item also inserts subsection 19(1B) which provides an avoidance of doubt provision for the purposes of paragraph 19(1A)(f). This item provides that the functions and powers of the ART under subsection 270(4) of the ART Act do not include the function of deciding, or the power to decide, whether the decision maker for a reviewable decision should give a person a statement of reasons for the reviewable decision.

Item 23 – Before subsection 19(1)

  1.      This item inserts the heading ‘Functions and powers under other Acts’ before subsection 19(1) in the ART Rules to assist the reader to understand the structure of section 19, and to reflect the difference between these authorisations made under Acts other than the ART ACT and those set out in the new subsections 19(1A) and 19(2) inserted by Items 22 and 24 respectively.

Item 24 – Subsection 19(2)

  1.      This item repeals and replaces subsection 19(2) of the ART Rules, to provide for additional functions and powers the President may authorise staff to perform or exercise under the ART Rules. This item retains the existing authorisation for staff members to perform the function under subsection 12(3) of the ART Rules and provides for additional authorisations to exercise powers under subsections 25(1) and 26(1) of the ART Rules.
  2.      Subsection 25(1) of the ART Rules provides that the ART may make orders that an applicant pay the prescribed fee (rather than a lower application fee), if the ART considers that the amount in dispute is less than $5,000.
  3.      Subsection 26(1) of the ART Rules provides that the ART may make orders that an applicant pay the prescribed fee (rather than a lower application fee), if the ART considers that the applicant is not a small business entity.

PART 2 – Application fees

Administrative Review Tribunal Rules 2024

  1.      Subsection 296(1) of the ART Act enables the ART to charge fees in accordance with those prescribed in the ART Rules. Section 30 of the ART Rules prescribes decisions under which an application fee is not payable.

Item 25 – Section 30 (table item 2)

  1.      This item omits the words ‘each of the following’ in table item 2 of section 30 of the ART Rules and substitutes them with ‘any of the following’, to reflect modern drafting practises.

Item 26 – Section 30 (after table item 2)

  1.      This item provides for additional decisions for which an application fee is not payable under the Aged Care Act 2024 (Aged Care Act). These exemptions apply to equivalent provisions already contained in item 2 of section 30 of the ART Rules and supports the transition from the Aged Care Act 1997 to the Aged Care Act which commenced on 1 November 2025.
  2.      This item provides than an application fee to the ART is not payable in relation to reconsideration decisions under the Aged Care Act that relate to decisions made under any of the following provisions of that Act:
  • subsection 57(1)
  • subsection 64(1)
  • subsection 65(1), (2) or (4)
  • subsection 71(2) or (6)
  • subsection 74(1)
  • subsection 78(1).

Item 27 – At the end of the instrument

  1.      This item provides a transitional provision which sets out the timeframes for the reconsideration decisions referred to in item 26. This item provides that section 30, as amended by item 26, applies to an application that relates to a reconsideration decision mentioned in new item 2A of the table if:
  • the application is made on or after the commencement of the Amendment Rules, and
  • the decision to which the reconsideration decision relates is made on or after 1 November 2025, being the commencement date of the Aged Care Act.
  1.      This item ensures that fees are not payable for reconsideration decisions made before the commencement of the Amendment Rules.

 

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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.