Administrative Review Tribunal Rules 2024
made under the
Administrative Review Tribunal Act 2024
Compilation No. 3
Compilation date: 1 July 2026
Includes amendments: F2026L00559
About this compilation
This compilation
This is a compilation of the Administrative Review Tribunal Rules 2024 that shows the text of the law as amended and in force on 1 July 2026 (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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
3 Authority
4 Definitions
Part 2—Applying for review of decision
5 When to apply—notice of decision given in writing
6 When to apply—decisions taken to be made because timeframe expires
Part 3—Proceedings
Division 1—Elections not to participate in kind of proceeding or Tribunal case event
7 Election notices
8 Conditions to be satisfied for a person to be a non‑participating party
9 Additional circumstances in which a person is a non‑participating party
10 Publication
11 Participation notices
12 Participation of non‑participating parties
Division 2—Witness fees and expenses
13 Entitlement to fees and allowances
14 Fees and allowances
Division 3—Guidance and appeals panel
15 Applications for referral to the guidance and appeals panel cannot be made for certain decisions
Part 4—Notice and information about administrative decisions
16 Decision‑maker must have regard to matters when giving notice of decisions in certain review pathways
Part 5—Miscellaneous
Division 1—Performing and exercising functions and powers of Tribunal
17 Authorisations for members
18 Authorisations for registrars
19 Authorisations for staff members
Division 2—Fees
Subdivision A—Purpose and scope of operation…
Overview
The Administrative Review Tribunal Rules 2024 were enacted by the Commonwealth Parliament to provide a comprehensive framework for the operation of the Administrative Review Tribunal (ART). These rules were introduced to address the need for streamlined and efficient processes for reviewing administrative decisions made by government agencies and to ensure that affected parties have access to fair and effective review mechanisms. The ART Rules 2024 are made under the Administrative Review Tribunal Act 2024 and aim to provide clear guidelines and procedures for the review process, ensuring transparency, fairness, and timeliness in decision-making. The policy objective of the ART Rules 2024 is to establish a robust administrative review system that upholds the principles of natural justice and procedural fairness, thereby enhancing the accountability and legitimacy of administrative decision-making.
Scope and Application
The Administrative Review Tribunal Rules 2024, made under the Administrative Review Tribunal Act 2024, govern the procedures and fees related to the administrative review process administered by the Administrative Review Tribunal (ART). The rules apply to various entities and individuals, including those who wish to apply for review of administrative decisions made by government agencies and instrumentalities, as well as those who are involved in the administrative review process, such as decision-makers, parties, witnesses, and tribunal members, registrars, and staff. The rules cover aspects such as the application for review, procedural requirements, fees, and administrative details. Notably, the rules specify conditions for non-participation in proceedings or tribunal case events, set out requirements for election notices, and detail the circumstances under which fees and allowances are payable. The ART's jurisdiction is federal, impacting administrative decisions across various sectors, including taxation, social security, and migration. The rules also provide for fee adjustments and concessions in certain circumstances, and outline processes for refunds and fee reviews by the Tribunal. Amendments to these rules, as seen in the Administrative Review Tribunal Amendment Rules (No. 1) 2025 and the Administrative Review Tribunal Amendment (2026 Measures No. 1) Rules 2026, extend the application of the rules to specific types of decisions and applications made after certain dates.
Key Provisions
- The Administrative Review Tribunal Rules 2024 provide the framework for the operation of the Administrative Review Tribunal (ART) and outline the procedures for reviewing administrative decisions. These rules are made under the Administrative Review Tribunal Act 2024. The rules establish the timeframes within which a person can apply for a review of a decision, specify the conditions under which a person can elect not to participate in a proceeding or a Tribunal case event, and detail the circumstances under which fees and allowances are payable to witnesses and others summoned to give evidence or produce documents. Additionally, the rules address the payment of fees for applications made to the Tribunal and the President, including provisions for concessional circumstances and refunds.
- Obligations imposed by the rules include providing timely notice of decisions and having regard to certain matters when giving notice, such as the legislative provision under which the decision was made and the identity of the decision-maker. Parties to proceedings and Tribunal case events must also be notified of any decisions or orders made regarding participation. Furthermore, the rules impose obligations on the Principal Registrar to publish election notices and on the Tribunal to consider the effect of a non-participating party's participation on the proceeding, among other things.
- Failure to comply with the rules can result in civil and administrative consequences. For instance, if an application for review is not accompanied by the prescribed fee, the Tribunal or President is not required to deal with the application until the fee is paid, and the application may be dismissed if the fee is not paid within the specified timeframe. Additionally, the rules provide for the review of certain fee payment decisions by the Tribunal, offering a mechanism for applicants to challenge decisions related to fees.
- In summary, the Administrative Review Tribunal Rules 2024 set out the operational procedures for the ART, establish obligations for parties and the Tribunal, and outline the consequences for non-compliance with the rules, including the payment of fees and the potential dismissal of applications.
- Area of Law
- Administrative Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Fees and Allowances
- Review & Sunset Clauses
- Administrative Discretion
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers