Administrative Review Tribunal Rules 2024

Administered by Attorney-General's Department

Legislation au F2024L01179 Rules In force Legislative Instrument

Legislation content

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Legal classification tags

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

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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.