Administrative Review Tribunal (Miscellaneous Measures)

Current status

This bill became law on Feb 20th, 2025.

Policy area

Law, justice & rights

What does this bill do?

People appealing tribunal decisions get extra time over summer.

Why was it introduced?

Mark Dreyfus (Labor), the Attorney-General, said the bill was needed to complete the Administrative Review TribunalThe federal body that reconsiders government decisions., the federal body that reconsiders government decisions. Two earlier laws had already updated 248 Commonwealth laws. He said this bill would fix further complex links between those laws and make reviews clearer and easier to use. The new tribunal began on 14 October 2024.

Broader context

Australia’s long-standing Administrative Appeals Tribunal (AAT) was being replaced by the new Administrative Review TribunalThe federal body that reconsiders government decisions. (ART), but the changeover exposed outdated references and procedural gaps across Commonwealth laws, including deadlines that could make some appeals harder to pursue. The bill responded by updating 52 laws, protecting the Christmas–New Year period in Federal Court appealA court challenge to a tribunal decision. calculations, removing the three-month limit for some ABSTUDY and isolated-children debt reviews, and clarifying migration documents and guidance-panel cases before the ART began operating on 14 October 2024.

Key criticism

Paul Fletcher (Liberal) argued that the government had rushed scrutiny and was returning for a third attempt to correct its tribunal laws. He said the wider replacement of the old tribunal cost $1 billion and questioned whether it delivered enough change. Paul Scarr (Liberal) said the shortened inquiry had missed a child-support document problem that could increase family-violence risks. David Shoebridge (Australian Greens) criticised the introduced migration rules because small paperwork mistakes could have prevented vulnerable applicants from receiving any review; the government later removed the disputed provisions.

Who supported it?

Mark Dreyfus MP introduced this bill. It passed on the voices.

Introduced in House 21 Aug 2024
Passed House 11 Sept 2024
Passed Senate 12 Feb 2025
Became law 20 Feb 2025

Did it become law?

Yes

Became law 20 Feb 2025

Final passage

Passed without a counted vote

2 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.

Passage speed

183 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. People appealing tribunal decisions get extra time over summer. The period from 24 December to 14 January no longer counts towards the 28-day deadline.

  2. ABSTUDY and Assistance for Isolated Children recipients no longer face a three-month limit when challenging debt decisions.

  3. People in immigration detention get 14 days to seek a tribunal reviewAn independent reconsideration of a government decision., up from seven days.

  4. Child-support parties face fewer repeated releases of sensitive documents. Tribunal directions can allow officials longer than 28 days to provide later documents.

  5. People whose cases reach the guidance and appeals panelA senior panel for important or possibly flawed decisions. — a senior tribunal panel for important or possibly flawed decisions — gain clearer safeguards. The original decision generally cannot change without the tribunal's involvement.

  6. People across every state and territory must have access to at least one tribunal registryA tribunal office serving applicants and cases. and one registrarAn official who helps run the tribunal..

  7. Tribunal users benefit from updated names, cross-references and procedures across 54 Commonwealth laws. These changes align existing laws with the new tribunal.

Show source excerpts
  1. The Bill would amend the ART Act to improve the operation of provisions and the experience of applicants. For example, the Bill would make amendments to exclude the period between 24 December and 14 January from the calculation of the 28-day period from which a party can appeal a decision of the Tribunal to the Federal Court of Australia. This would align the ART Act with the Federal Court Rules 2011 and address practical difficulties and disadvantages to parties seeking to make an appeal over the holiday period.
    Administrative Review Tribunal (Miscellaneous Measures) explanatory memorandum
  2. Removing time limits to apply for review of certain Social Services decisions The Bill would amend legislation in the Social Services portfolio to remove the three‑month time limit to apply for both internal and Tribunal review of ABSTUDY or Assistance for Isolated Children (AIC) debt decisions. This time limit is anomalous, and does not apply in reviews of debt decisions in relation to other social security payments. By removing the time limit from the ABSTUDY and AIC debt decisions, the Bill removes a potential barrier for individuals seeking review of government decisions.
    Administrative Review Tribunal (Miscellaneous Measures) explanatory memorandum
  3. (4) Schedule 2, items 115 to 119, page 35 (line 18) to page 37 (line 2), omit the items, substitute: 115 Paragraph 347(3)(a) Omit “7 days”, substitute “14 days”. [applications for review]
    Proposed amendment 2: CW - Government [sheet GF100]
  4. We have just heard Senator Cash refer to some deeply disturbing consequences arising from the haste with which this legislation was pushed through this place. Just to recap: this is in the context of women's safety in child support matters. Because of the passage of the administrative review tribunal legislation, Services Australia is now inadvertently in the position where every 28 days it is forced to manually review each customer file that is before the tribunal. It's a new requirement and an incredibly intensive requirement. It involves reviewing thousands of documents and applying redacti
    Second reading speech
  5. Ability to change a decision once a matter is referred to the guidance and appeal panel A number of items in this Schedule make amendments to harmonise the application of section 31 of the ART Act where a decision has been referred to the guidance and appeals panel. Some legislation disapplies or applies contrary to the operation of section 31 of the ART Act, thereby allowing for a decision to be altered by the decision maker while the decision is before the Tribunal. The amendments provide that where a decision is before the guidance and appeals panel, section 31 of the ART Act applies to th
    Administrative Review Tribunal (Miscellaneous Measures) explanatory memorandum
  6. (1) Schedule 4, page 48 (after line 4), after item 5, insert: 5A At the end of section 237 Add: Registrar in each State, in the Australian Capital Territory and in the Northern Territory (3) The Principal Registrar must ensure that at least one registrar is appointed in each State, in the Australian Capital Territory and in the Northern Territory. 5B Section 243 Repeal the section, substitute: 243 Registries The Minister must cause such registries of the Tribunal to be established as the Minister thinks fit, but so that at least one registry shall be established in each State, in the A
    Proposed amendment 6: CW - Opposition [sheet 3164]
  7. The Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 supports the establishment of the new Administrative Review Tribunal created by the Administrative Review Tribunal Act 2024. The ART Act commenced on 14 October last year. The miscellaneous measures bill completes the establishment of the tribunal by making technical amendments to 54 Commonwealth acts, including the ART Act, to support the efficient conduct of tribunal review and to ensure the legislation operates as intended. The bill makes minor amendments to the ART Act and other laws aimed at improving the fairness and
    Second reading speech

Broader context for this bill

Australia’s long-standing Administrative Appeals Tribunal (AAT) was being replaced by the new Administrative Review TribunalThe federal body that reconsiders government decisions. (ART), but the changeover exposed outdated references and procedural gaps across Commonwealth laws, including deadlines that could make some appeals harder to pursue. The bill responded by updating 52 laws, protecting the Christmas–New Year period in Federal Court appealA court challenge to a tribunal decision. calculations, removing the three-month limit for some ABSTUDY and isolated-children debt reviews, and clarifying migration documents and guidance-panel cases before the ART began operating on 14 October 2024.

  1. 03 June 2024

    The ART Act receives Royal Assent

    The Administrative Review TribunalThe federal body that reconsiders government decisions. Act 2024 established the legal foundation for replacing the AAT with the new tribunal.

    Hansard ↗
  2. 21 Aug 2024

    Mark Dreyfus MP introduces the bill

    The bill proposed updating 52 Commonwealth laws and fixing review deadlines and other procedural gaps left by the transition from the AAT to the ART.

    Parliamentary timeline ↗
  3. 10 Sept 2024

    The bill protects key review rights

    The proposed changes excluded 24 December to 14 January from the 28-day Federal Court appealA court challenge to a tribunal decision. period, removed the three-month review deadline for ABSTUDY and Assistance for Isolated Children debts, and clarified migration and guidance-panel case rules.

    Hansard ↗
  4. 14 Oct 2024

    The new ART begins operating

    The ART commenced as the replacement for the AAT, making the bill’s cross-references and procedural corrections operationally important.

    Hansard ↗
  5. 12 Feb 2025

    Parliament passes the bill

    Both houses agreed to the bill in the same form after considering government and opposition amendments.

    Parliamentary timeline ↗
  6. 20 Feb 2025

    The bill receives Royal Assent

    Royal Assent turned the Administrative Review TribunalThe federal body that reconsiders government decisions. (Miscellaneous Measures) Bill 2024 into an Act completing the legislative adjustments for the new tribunal.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 21 Aug 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 21 Aug 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 10 Sept 2024

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 10 Sept 2024

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 10 Sept 2024

The bill reached this recorded parliamentary step.

Second reading debate

House second reading agreed 10 Sept 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 11 Sept 2024

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 11 Sept 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.

Third reading agreed to

Introduced 11 Sept 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 11 Sept 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Legal and Constitutional Affairs review 12 Sept 2024

Referred to Committee (12/09/2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (31/10/2024)

Report tabled 31 Oct 2024

APH bill page notes
Second reading debate 04 Feb 2025

The bill reached this recorded parliamentary step.

Second reading debate 11 Feb 2025

The bill reached this recorded parliamentary step.

Senate second reading agreed 11 Feb 2025

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate agreed to amendment packages 11 Feb 2025

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate agreed to amendment packages 12 Feb 2025

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed 12 Feb 2025

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Message from Senate reported 12 Feb 2025

The bill reached this recorded parliamentary step.

House agreed to Senate amendments 12 Feb 2025

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.

Consideration of Senate message

Passed both houses 12 Feb 2025

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 20 Feb 2025

The Governor-General gave Royal Assent, turning the bill into an Act.

The main case against this bill

Paul Fletcher (Liberal) argued that the government had rushed scrutiny and was returning for a third attempt to correct its tribunal laws. He said the wider replacement of the old tribunal cost $1 billion and questioned whether it delivered enough change. Paul Scarr (Liberal) said the shortened inquiry had missed a child-support document problem that could increase family-violence risks. David Shoebridge (Australian Greens) criticised the introduced migration rules because small paperwork mistakes could have prevented vulnerable applicants from receiving any review; the government later removed the disputed provisions.

The Coalition supported passing the corrective bill, while the Greens supported it after the government agreed to amendments. The government said the changes would reduce administrative work, protect existing review periods and defer the disputed migration provisions for further consideration.

Rushed drafting created serious risks

Technical errors in the tribunal reforms affected migration review jurisdiction and created an urgent safety problem involving child-support documents, requiring corrective legislation and amendments.

Raised by Coalition senators Michaelia Cash and Paul Scarr, and Coalition MP Paul Fletcher Source ↗

Migration applicants faced tighter review rules

Migration and protection-visa applicants could lose review rights through application defects and had shorter deadlines than other tribunal users. Government amendments removed the minor-defect risk and extended the minimum period to 14 days, but the Greens argued applicants should receive 28 days and equivalent extension rights.

Raised by Greens senator David Shoebridge Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

11 Sept 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

12 Feb 2025

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.

Senate

Carried

Give detained migration applicants 14 days to seek review

Aye 38 No 30

Passed 38 to 30. Support came from Labor, Greens, Australia's Voice, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal, Nationals, One Nation, and Gerard Rennick People First.

11 Feb 2025

The proposal was carried 38 votes to 30, giving affected applicants more time to seek Administrative Review TribunalThe federal body that reconsiders government decisions. review of specified migration decisions.

Party Recorded votes Aye / No
Labor 22 / 0
Liberal 0 / 21
Greens 11 / 0
Nationals 0 / 6
Independent 3 / 0
One Nation 0 / 2
Australia's Voice 1 / 0
Gerard Rennick People First 0 / 1
Jacqui Lambie Network 1 / 0

Did not vote: Liberal Party

Defeated

Give rejected fast-track protection claims a fresh tribunal review

Aye 15 No 28

Defeated 15 to 28. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal, One Nation, and Gerard Rennick People First.

12 Feb 2025

The Senate rejected the proposal by 28 votes to 15, so the bill did not create this reconsideration pathway for eligible protection visa refusals.

Party Recorded votes Aye / No
Labor 0 / 21
Greens 11 / 0
Independent 3 / 0
Liberal 0 / 2
One Nation 0 / 2
Australia's Voice 1 / 0
Gerard Rennick People First 0 / 1
Nationals 0 / 1
UAP 0 / 1

Did not vote: Liberal Party

Carried

Require a tribunal registryA tribunal office serving applicants and cases. and registrarAn official who helps run the tribunal. in every state and territory

Senators accepted Michaelia Cash's amendment without a recorded count.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Require a tribunal registryA tribunal office serving applicants and cases. and registrarAn official who helps run the tribunal. in every state and territory

The Senate carried the registryA tribunal office serving applicants and cases. amendment on the voices, so no individual vote totals were recorded.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Prevent retrospective commencement and correct tribunal rules and references

The Senate accepted six government amendments without a recorded count. They covered commencement, technical corrections and review timing for wine-related decisions.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Government package: 6 amendments

APH records 6 Government amendments agreed on the voices. The public amendment list groups them into 1 amendment sheet, so this page summarizes the package by source theme.

11 Feb 2025

Passed on the voices

The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.

Themes in the public amendment sheets

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 21 Aug 2024

Dreyfus supports the bill as the final step in establishing the new Administrative Review TribunalThe federal body that reconsiders government decisions., arguing that its largely technical amendments will improve users' experience and ensure existing laws work effectively with the tribunal.

Read in Hansard ↗
Lead supporting voice Supports

David Shoebridge

Australian Greens • Senator 04 Feb 2025

David Shoebridge says the Greens will support the bill because the government will remove provisions that could invalidate migration and refugee applications over minor defects and will extend the minimum review period from seven to 14 days.

Read in Hansard ↗
Lead voice Supports

Jenny McAllister

Australian Labor Party • Senator 11 Sept 2024

McAllister supports the bill as necessary to complete the new Administrative Review TribunalThe federal body that reconsiders government decisions. framework, simplify review processes and make the tribunal more efficient, accessible and cohesive.

Read in Hansard ↗

All speeches by bloc

Labor

5 speakers · 6 contributions · 5 support

  1. Shayne Neumann Neumann supports the bill as the final step in establishing a fairer, more accessible and efficient Administrative Review TribunalThe federal body that reconsiders government decisions., arguing that its technical amendments will help restore trust and integrity in administrative review.
    “I congratulate each of these members on their appointment, and I thank the Attorney-General for this landmark reform and his long-standing commitment to law reform and building trust in government and public institutions. This bill completes a package of reforms that establish a new administrative review tribunal and reflects the ongoing commitment of this government to reforming Australia's system of administrative review. I commend the bill to the House.”

    Australian Labor Party • MP • 10 Sept 2024

    Read the full speech in Hansard ↗
  2. Anne Stanley Anne Stanley supports the bill as a time-critical set of technical amendments needed to ensure the new tribunal operates as intended, improves access and efficiency, and restores public confidence in administrative review.
    “Whilst this bill is of a highly technical nature, the broader reform package reconstructing the politicised and derelict AAT as the ART will have tangible benefits for many constituents of mine. The new ART will be fair and just. It will resolve applications in a timely manner. It will be accessible and transparent and restore trust and confidence. Improving the practical functions of the ART will assist hundreds of constituents who seek administrative review of government decisions across a broad range of areas. From decisions relating to social security, the NDIS, aged care and immigration appeals, the new ART will assist applicants to reach a conclusion more efficiently and will be easier to navigate. I would like to commend the bill to the House.”

    Australian Labor Party • MP • 10 Sept 2024

    Read the full speech in Hansard ↗
  3. Anthony Chisholm Chisholm supports the bill as a technical measure to make the new tribunal fairer, more efficient and easier to access.
    “The government amendments also defer provisions that attracted criticisms in the course of the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the bill. The government remains of the view that these amendments would have been helpful to the tribunal and to its applicants by providing additional clarity regarding when an application is validly made. They would not have changed the law. However, recognising the concerns raised by stakeholders, the government will defer these amendments to enable them to be further considered and progressed at a later time. The bill reflects the ongoing commitment of this government to reforming Australia's system of administrative review. It simplifies the processes for applicants and promotes a more efficient, accessible and cohesive tribunal. I commend it to the Senate.”

    Australian Labor Party • Senator • 11 Feb 2025

    Read the full speech in Hansard ↗

Coalition

3 speakers · 4 contributions · 2 support · 1 unclear

  1. Michaelia Cash Cash says the coalition will pass the bill to fix technical errors affecting migration reviews and a serious safety risk in child support matters, while condemning the Attorney-General for repeatedly producing flawed legislation.
    “The government knows about this problem. It has known for months about the risk it created when it rammed the legislation through—$1 billion to establish the ART. We accept their advice that they have, indeed, created a safety risk—which is shameful—for women and families using the child support system. We will, of course, pass the bill and fix the problem that the Attorney-General of Australia has created. But certainly we would hope that, despite our experiences to date—as I said, there was a first attempt and a second attempt and we are here on now the third attempt to get this legislation right—there are no other egregious errors created by what is quite frankly a rolling debacle of a process.”

    Liberal Party • Senator • 04 Feb 2025

    Read the full speech in Hansard ↗
  2. Paul Scarr 2 contributions Scarr says the coalition supports the bill and will propose an amendment concerning registries, but strongly criticises the government for rushing the tribunal reforms and creating serious problems that now require correction.

    Hansard records 2 separate contributions by Paul Scarr on this bill. They are grouped here so the speaker is listed once.

    Second reading speech Liberal Party • Senator • 04 Feb 2025

    Scarr says the coalition supports the bill and will propose an amendment concerning registries, but strongly criticises the government for rushing the tribunal reforms and creating serious problems that now require correction.

    “So here we are, debating the third iteration of this bill, trying to get it right and having to address the consequences of the Attorney's rushed process. In that regard, I would like, as I did in my additional comments on this bill, which the coalition supports—we're also putting forward an amendment with respect to registries, and I think it's appropriate that we do so—to quote from the Hon Paul Fletcher MP's comments in the second reading debate in the other place. In doing so, I would like to place on record my deep respect and admiration for the Hon. Paul Fletcher MP for the service he has given to this parliament over an extended period of time. I think that should be noted in the Hansard as we debate this legislation. I think it is fit and proper that it is referred to in the Hansard as we look at this legislation.”
    Read this contribution in Hansard ↗

    Second reading speech Liberal Party • Senator • 11 Feb 2025

    Scarr acknowledges that the bill is needed, particularly to correct an urgent problem affecting child support documents, but argues that the fixes arise from the government's rushed scrutiny and unnecessary replacement of the Administrative Appeals Tribunal.

    “From my perspective, as I reiterated in my additional comments on this bill, whilst I acknowledge the need for this bill, I do not acknowledge or accept that there was any real policy need for the Administrative Appeals Tribunal to be abolished holus-bolus and replaced by the Administrative Review Tribunal. It has led to costs, dysfunction and mistakes. The AAT could have been the subject of some positive reforms without its being abolished. There was a vindictive streak running through the soul of this piece of legislation, and that was reflected in the compensation paid to those tribunal members who weren't reappointed.”
    Read this contribution in Hansard ↗

Greens

1 speaker · 1 support

One Nation

1 speaker · 1 unclear

  1. Malcolm Roberts Malcolm Roberts welcomes merit based appointments to the new tribunal but fears it will still be stacked with government favourites and burdened by migration appeals.
    “It's welcome that the current membership of the Administrative Appeals Tribunal will be declared vacant and that vacancies will be filled on a merit based system. My concerns are that the Administrative Review Tribunal membership will still be loaded with Labor government favourites and that the workload will still create long waiting periods before appropriate reconsideration of major decisions. It would be better to remove the review process for immigration decisions from the Administrative Review Tribunal and consider the reintroduction of a refugee or immigration review tribunal, to ensure that the Administrative Review Tribunal does not become bogged down with migration appeals, as it is currently.”

    Pauline Hanson's One Nation Party • Senator • 11 Feb 2025

    Read the full speech in Hansard ↗

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