Administrative and Judicial Review Legislation Amendment

The amendments would enable the Tribunal to give its decision and reasons for decision orally, with written reasons available on request of either party. The ART Act currently permits the Tribunal to give a decision on a review and reasons orally, with a requirement that both the decision and the reasons must subsequently be given in writing. This amendment would reduce the need for Tribunal resources to be expended on producing written reasons for a decision when parties do not require written reasons. If a party requests written reasons, the Tribunal must provide the reasons in writing.

These changes apply to matters in the ART's migration caseload, as well as other caseloads where written reasons may not always be required. The bill provides safeguards for vulnerable applicants of the ART and will notapply these changes to reviews relating to social security, veterans entitlements, the National Disability Insurance Scheme or aged care where written reasons may play an important role. The changes will also not apply to other reviews that may be prescribed by regulations.

introduce a requirement for an application to the ART for review of a reviewable migration or reviewable protection decision to be made using an approved form, to ensure the tribunal has all the information it needs to consider a matter.

358C Identity verification requirement—dismissal of applications by ART (1) The ART must dismiss an application if: (a) the applicant is subject to the identity verification requirement under section 358; and (b) the applicant fails to satisfy that requirement under section 358B.

Leave required to continue proceedings etc. (3) If an applicant in relation to an application (within the meaning of subsection 476AA(2)) fails to satisfy the identity verification requirement under subsection (1), leave of the Federal Circuit and Family Court of Australia (Division 2) is required to: (a) continue the proceedings relating to the application; or (b) if the application is dismissed under subsection (5)—reinstate the application.

The amendments would also support effective management of the Tribunal processes by providing registrars procedural powers to support the Tribunal’s operations. The President of the Tribunal would be enabled to authorise registrars to dismiss applications where there are no reasonable prospects of success. It is expected that this power would only be exercised by registrars where an application has no reasonable prospects of success based on clear objective criteria, such that an application is bound to fail. The President would also be enabled to authorise registrars to make orders requiring

The Bill would amend the Taxation Administration Act 1953 to prescribe a standardised timeframe for the making of an application to the Tribunal for review of an extension of time refusal decision made by the Commissioner for Taxation. The Bill would make amendments to prescribe a standardised timeframe of 28 days for making an application to the Tribunal for review of an extension of time refusal decision made by the Commissioner for Taxation. These amendments would provide clarity to parties on timeframes for applying for a review, without requiring a Tribunal member to consider whether an