The New Administrative Review Tribunal: An Overview & How to Prepare Your Case in the ART
Published on April 2, 2025 by Gemma Nelson and Laura Flanagan
On 14 October 2024, the Administrative Review Tribunal Act 2024 (‘ART Act’) came into effect. The ART Act and consequential provisions established the Administrative Review Tribunal (‘ART’).
The ART replaced the Administrative Appeals Tribunal (‘AAT’) which had been the federal administrative review body since the mid 1970’s.
The purpose of the introduction of the ART
The ART was brought into existence in an apparent attempt by the Albanese government to quell public concerns about the efficiency and impartiality of the AAT. In particular, there were concerns that Members appointed to the Tribunal were political appointments as opposed to appointments made on merit. The lack of public confidence in the AAT also stemmed from the debacle that was the Robodebt scheme.
Key Reforms of the ART
Some of the key changes and goals of the ART include:
- More members to reduce unnecessary delays and case backlogs. One of the main issues found in the AAT was the significant backlog of cases that existed
- Streamlined case management. The ART will implement a unified case management system, which will enhance case tracking and ensure greater transparency to parties and the public alike.
- Faster resolutions through improved procedures.
- Better support services for Applicants throughout the review process.
Introduction of the Tribunal Advisory Committees
Another interesting new feature of the ART is in the establishment of the Tribunal Advisory Committees.
Each specific department of review will have their own Tribunal Advisory Committees that will be run by a Jurisdictional Area Leader. The role of the respective Committees is to oversee a specific jurisdiction, to promote the education and training to Members in the Tribunal and to and to deal with specific issues that arise. The Committee will be able to inform the Government of specific issues that are arising in the Tribunal, which will hopefully avoid another incident like the Robodebt scheme from occurring.
Introduction of the Guidance Appeals Panel
In addition to the Tribunal Advisory Committees, a Guidance Appeals Panel will be established and overseen by the ART President and two other Tribunal Members.
This Panel will allow the ART President to oversee and decide cases which deal with complex areas of administrative law or which may have a wider impact on how cases are decided. The Panel can also review decisions made by other Members of the Tribunal in certain circumstances. The effect of this should be that there are less appeals to the Federal Court.
Your Comcare claim – what you need to know about the ART
If you have a Comcare claim which is denied by Comcare or a self insurer under the scheme, your recourse is to the Administrative Review Tribunal. The Tribunal has the power to essentially stand in the shoes of the decision maker and to determine whether the decision that was made was right or wrong.
There is no change to the timeframes in which an injured worker must make an application to the Tribunal once an insurer issues their reviewable decision. An injured worker will still have 60 days to make the application to the Tribunal.
It is hoped that the appointment of additional Members and a more streamlined process will mean that workers compensation matters move more quickly through the Tribunal process. As it is still only relatively early days, it remains to be seen what practical changes, if any, may impact an injured worker’s claim.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
