Administrative Review Tribunal Rules 2024: Authorisations for registrars and staff
Submission Date: 24 September 2025
The Law Council of Australia provided feedback on the Attorney-General’s Department (AGD) Discussion Paper outlining proposals to expand the powers and functions that registrars and staff members of the Administrative Review Tribunal (ART) may be authorised to exercise or perform.
This response is informed by input received from the Law Society of New South Wales, the Law Institute of Victoria, the Law Society of South Australia, the Queensland Law Society, and the Law Society of the Australian Capital Territory. Contributions have also been received from the Administrative Law Committee, ART Liaison Committee, and Migration Law Committee of the Law Council’s Federal Dispute Resolution Section.
The Law Council acknowledges that the ART is experiencing high levels of applications for review, resulting in an on-hand caseload of over 110,000 cases.1 We therefore consider it appropriate for the AGD and the ART to consider ways in which it can streamline processes through delegation of certain legislative powers and functions contained in the Administrative Review Tribunal Act 2024 (Cth) (ART Act).
However, 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 Law Council submits that 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, so that the ART can process existing caseloads faster and provide important resolutions for applicants.
The Law Council also notes that the Discussion Paper has been circulated while the Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (Cth) is before Parliament. If passed, this reform measure will lead to an increased number of ART applications being decided in the absence of a hearing. Our view is that consideration of relevant expanded powers and functions of registrars and staff members would be best considered once this reform proposal has been resolved, and should not progress before then.
Nevertheless, the Law Council is supportive of many of the Discussion Paper’s proposals as a practical way to improve the ART’s efficiency, and remove some of the existing administrative barriers by allowing registrars and staff to handle more procedural matters. In providing this in-principle support, we emphasise the importance of ensuring that any delegation of powers is accompanied by appropriate safeguards to maintain procedural fairness, consistency, and the integrity of decision-making.
The Law Council is of the view that certain proposed delegations outlined in the Discussion Paper require further consideration to ensure procedural fairness and accountability in the ART. In providing this feedback, the Law Council seeks to ensure that powers involving a significant exercise of discretion that may impact the applicant and/or their matter are appropriately managed. In all instances of delegation, the Law Council recommends that powers be accompanied by:
- clear internal directions from the President of the ART regarding the exercise of delegated powers;
- requirements for minimum experience or seniority for registrars exercising certain powers;
- mechanisms for party consent where appropriate; and
- ongoing monitoring to ensure consistency and fairness in decision-making.
Proposed delegations that, in the Law Council's view, require further consideration are set out in the submission.
Last Updated on 26/09/2025
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