Law Council of Australia

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Administrative Review Tribunal Rules 2024: Authorisations for registrars and staff

1 October 2025

On 24 September 2025, the Law Council provided a submission to the Attorney-General’s Department in response to proposals to expand certain powers and functions of registrars and staff members of the Administrative Review Tribunal (ART).

In its response, the Law Council expressed general support for consideration being given to how the ART can streamline its processes through the delegation of legislative powers and functions, noting the extremely high numbers of applications for review. While the Law Council agreed with some of the proposals to delegate powers and functions to ART registrars and staff members, other proposals were met with caution. The Law Council raised particular concerns where powers subject to potential delegation involve an exercise of discretion that may significantly impact an applicant and/or their matter before the ART.  

Central to the Law Council’s feedback on the proposals was the need to promote procedural fairness and accountability in the ART. In doing so, the Law Council pointed out that, while delegating powers and functions to registrars and staff in specific circumstances is likely to be a cost-effective solution to addressing resource constraints, the primary mechanism to address backlogs and delays should be the appointment of more members and/or the better use and training of the members available. 

The Law Council looks forward to continuing to work with the Attrorney-General’s Department and the ART to identify appropriate ways to address the increasingly high numbers of applications for review in a fair, just and efficient manner.

Last Updated on 01/10/2025

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