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.
This bill became law on Feb 20th, 2025.
Law, justice & rights
People appealing tribunal decisions get extra time over summer.
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.
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 (ART), but the changeover exposed outdated references and procedural gaps across Commonwealth laws, including deadlines that could make some appeals harder to pursue.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.
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.
Mark Dreyfus MP introduced this bill. It passed on the voices.
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
Meaning
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.
ABSTUDY and Assistance for Isolated Children recipients no longer face a three-month limit when challenging debt decisions.
People in immigration detention get 14 days to seek a tribunal reviewAn independent reconsideration of a government decision., up from seven days.
Child-support parties face fewer repeated releases of sensitive documents. Tribunal directions can allow officials longer than 28 days to provide later documents.
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.
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..
Tribunal users benefit from updated names, cross-references and procedures across 54 Commonwealth laws. These changes align existing laws with the new tribunal.
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
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
(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]
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 redactiSecond reading speech
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 thAdministrative Review Tribunal (Miscellaneous Measures) explanatory memorandum
(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 AProposed amendment 6: CW - Opposition [sheet 3164]
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 andSecond reading speech
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.
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 ↗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 ↗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 ↗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 ↗Parliament passes the bill
Both houses agreed to the bill in the same form after considering government and opposition amendments.
Parliamentary timeline ↗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 ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
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
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
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
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
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 notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
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
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill reached this recorded parliamentary step.
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
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.
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.
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.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
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.
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.
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.
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 grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
Senate
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.
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.
Did not vote: Liberal Party
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.
The Senate rejected the proposal by 28 votes to 15, so the bill did not create this reconsideration pathway for eligible protection visa refusals.
Did not vote: Liberal Party
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.
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.
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.
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.
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.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
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 ↗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 ↗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 ↗Fletcher does not state whether the coalition will support the bill.
Read in Hansard ↗All speeches by bloc
5 speakers · 6 contributions · 5 support
“The Bill reflects the ongoing commitment of this Government to reforming Australia's system of administrative review. It simplifies the process for applicants and promotes a more efficient, accessible and cohesive Tribunal.”Read the full speech in Hansard ↗
“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.”Read the full speech in Hansard ↗
“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.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
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.
“This bill completes the package of reforms that establishes the 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.”Read this contribution in Hansard ↗
Second reading speech
Dreyfus supports the bill as necessary to complete the new Administrative Review TribunalThe federal body that reconsiders government decisions. reforms, clarify the law and make tribunal processes simpler and more accessible for users. He rejects further scrutiny as an attempt to delay these practical improvements.
“This bill completes the package of reforms that establishes the new Administrative Review Tribunal. The bill reflects the ongoing commitment of the Albanese Labor government to reforming Australia's system of administrative review. It simplifies the process for applicants and promotes a more efficient, accessible and cohesive tribunal. I look forward to the first sitting of the new tribunal on 14 October this year. I commend the bill to the House.”Read this contribution in Hansard ↗
“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.”Read the full speech in Hansard ↗
3 speakers · 4 contributions · 2 support · 1 unclear
“The government may wish to describe this bill as containing simply technical and machinery provisions, but time and time again the coalition have learnt, through experience, that we cannot trust this government and this Attorney-General to get the basics right. This bill requires scrutiny, and the opposition intends to examine this bill in detail to help the Attorney-General help himself. I thank the House.”Read the full speech in Hansard ↗
“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.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Paul Scarr on this bill. They are grouped here so the speaker is listed once.
Second reading speech
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
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 ↗
1 speaker · 1 support
“I rise to indicate that the Greens will be supporting the Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 as a result of amendments that will be moved by the government in committee. This bill came before the Senate last year, and we were told at the time that it was effectively a 'rats and mice' provision, dealing with modest amendments of an administrative nature to the ART bill. By and large, that's what this bill actually provides for. It is the Administrative Review Tribunal (Miscellaneous Measures) Bill 2024, and the great bulk of the amendments are of a genuinely modest administrative nature. Some of them are needed to deal with some unforeseen stressors that have occurred within Services Australia with the provision of documents, and we think it's important that those amendments get made.”Read the full speech in Hansard ↗
1 speaker · 1 unclear
“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.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Message from Senate reported
Message from Senate reported
The bill reached this recorded parliamentary step.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee
Report tabled 31 Oct 2024
Referred to Committee (12 Sept 2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (31 Oct 2024)
APH bill page notes