Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024

Administrative Review Tribunal (Consequential and Transitional Provision No. 1) Rules 2024

made under item 51 in Schedule 16 of the

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024

Compilation No. 2 

Compilation date: 4 September 2025

Includes amendments: Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules (No. 2) 2025

About this compilation

This compilation

This is a compilation of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 that shows the text of the law as amended and in force on 4 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 

1  Name ........................................................1

3  Authority......................................................1

4  Definitions.....................................................1

Part 2—General transitional provisions 

5  AAT Enterprise Agreement..........................................2

6  Practice directions made shortly after the transition time.......................2

7  Lists established shortly after the transition time............................2

8  Assignment of jurisdictional area leaders shortly after the transition time............3

9  Time for making applications to ART...................................3

Part 3—Immigration Assessment Authority 

10  Appeals and applications to courts relating to IAA decisions...................4

11  Court proceedings relating to IAA decisions..............................4

12  Remittals of IAA decisions to the ART.................................4

Part 4—Other matters

13 Calculating pensions for certain former presidential members of the AAT...........6

Part 1—Preliminary

1  Name

  This instrument is the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024.

3  Authority

  This instrument is made under the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.

4  Definitions

Note: A number of expressions used in this instrument are defined in Schedule 16 to the Act, including the following:

(a) AAT;

(b) ART;

(c) IAA;

(d) new Act;

(e) old law;

(f) transition time.

In this instrument:

AAT Enterprise Agreement means the Administrative Appeals Tribunal Enterprise Agreement 2024-2027 approved under the Fair Work Act 2009 on 19 January 2024, and in force immediately before the transition time.

Act means the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.

Jurisdictional area leader has the same meaning as in the new Act.

Principal Registrar has the same meaning as in the new Act.

Tribunal Advisory Committee has the same meaning as in the new Act.

Part 2—General transitional provisions

5  AAT Enterprise Agreement

 (1) From the transition time, the AAT Enterprise Agreement:

 (a) continues to cover and apply to APS employees who:

 (i) it covered and applied to immediately before the transition time; and

 (ii) at the transition time, are APS employees in the ART; and

 (b) covers and applies to APS employees in the ART at the classification levels covered by the AAT Enterprise Agreement whose employment in the ART commences at or after the transition time; and

 (c)  covers and applies to the Principal Registrar as the Agency Head (within the meaning of the Public Service Act 1999) of the APS employees in the ART; and

 (d)  has effect in relation to the ART as if:

 (i) a reference to the AAT were a reference to the ART; and

 (ii) a reference to the Registrar of the AAT were a reference to the Principal Registrar.

 (2) Subsection (1) does not:

 (a) prevent the variation or termination of the AAT Enterprise Agreement in accordance with law; or

 (b) prevent the terms and conditions of employment of APS employees in the ART from being varied after the transition time:

 (i) in accordance with those terms and conditions; or

 (ii) by or under a law; or

 (c)  affect the operation of section 58 of the Fair Work Act 2009.

Note: Section 58 of the Fair Work Act 2009 deals with the interaction between one or more enterprise agreements

6  Practice directions made shortly after the transition time

 (1) This section applies to a practice direction made under subsection 36(1) of the new Act within 28 days after the transition time.

 (2) Subsection 36(3) of the new Act does not apply to the making of the practice direction.

 (3) The President of ART must consult the Tribunal Advisory Committee within 3 months after making the practice direction.

7  Lists established shortly after the transition time

 (1) This section applies to a list established under paragraph 196(2)(a) of the new Act within 28 days after the transition time.

 (2) Subsection 196(3) of the new Act does not apply to the establishment of the list.

 (3) The President of the ART must consult the Tribunal Advisory Committee within 3 months after establishing the list.

8  Assignment of jurisdictional area leaders shortly after the transition time

 (1) This section applies to any assignment of a jurisdictional area leader made in the exercise of the power under subsection 197(1) of the new Act within 28 days after the transition time.

 (2) For the purposes of subsection 197(1) of the new Act, the Minister is taken to have consulted the President of the ART if the Minister consulted the President of the AAT in relation to the assignment before the transition time.

9  Time for making applications to ART

 (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.

 (2) Item 20 of that Schedule has effect as if that item were modified by substituting subitem (6) with the following subitem:

 (6) To avoid doubt:

 (a) subitem (5) has effect subject to subitem (3); and

 (b) subitems (3) to (5) do not affect the operation of paragraph (2)(a).

Part 3—Immigration Assessment Authority

10  Appeals and applications to courts relating to IAA decisions

 (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.

 (2) This section applies if, immediately before the transition time, a person is entitled to appeal or make an application to a court in relation to a decision of the IAA.

 (3) The person may appeal or make the application to the court after the transition time as if the old law continued to apply in relation to the making of the appeal or application.

 (4) For the purposes of the appeal or application, anything the court could have done in relation to the IAA before the transition time may be done in relation to the ART.

 (5) To avoid doubt and for the purposes of the appeal or making the application, a decision of the IAA made before the transition time continues after the transition time to be a decision of the IAA, despite the repeal of Part 7AA of the Migration Act 1958 by Schedule 2 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.

11  Court proceedings relating to IAA decisions

 (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.

 (2) This section applies to a proceeding in a court that:

 (a) relates to a decision made by the IAA; and

 (b) either:

 (i) commenced, but is not finalised, before the transition time; or

 (ii) relates to an appeal or application made to the court after the transition time in accordance with section 10 of this instrument.

 (3) Anything the court could have done in relation to the IAA before the transition time, including remitting the decision for reconsideration, may be done in relation to the ART.

Note:  For remittals of an IAA decision to the ART, see section 12.

12  Remittals of IAA decisions to the ART

 (1) This section:

 (a) is made for the purposes of subitem 51(2) of Schedule 16 to the Act; and

 (b) applies if a court remits a decision of the IAA to the ART after the transition time in accordance with section 11 of this instrument.

 (2) No fee is payable for the review by the ART of the decision.

 (3) The proceeding for the review by the ART is taken to be a proceeding for review of a reviewable protection decision (within the meaning of the Migration Act 1958 as in force at the time of the remittal) under Part 5 of that Act.

Part 4—Other matters

13  Calculating pensions for certain former presidential members of the AAT

 (1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act.

 (2) This section applies in relation to a person if:

 (a) the person was, before 16 May 2005, appointed under the Administrative Appeals Tribunal Act 1975 as a presidential member of the AAT; and

 (b) at the time of that appointment, the person was not a Judge within the meaning of the Judges’ Pensions Act 1968 (the Pensions Act); and

 (c) subsection 16(1) (the judicial deeming provision) of the Administrative Appeals Tribunal Act 1975, as in force immediately before the start of 16 May 2005, continued to apply in relation to the person on and after that day under item 34 of Schedule 1 to the Administrative Appeals Tribunal Amendment Act 2005.

 (3) For the purpose of applying the judicial deeming provision in relation to the person on and after the repeal of the Administrative Appeals Tribunal Act 1975 on 14 October 2024, treat the appropriate current judicial salary in relation to the person for the purposes of the Pensions Act as being the salary for the time being payable to a Non‑Judicial Deputy President of the ART.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history