Administrative Review Tribunal Rules 2024 (Exposure Draft)
The Law Council of Australia provided a submission to the Attorney-General’s Department’s public consultation on the draft Administrative Review Tribunal Rules 2024 (the draft Rules).
This submission is limited to preliminary comments about specific aspects of the draft Rules.
Election notices
Section 64(2)(b) of the Administrative Review Tribunal Act 2024 (Cth) (ART Act) expressly provides a power to make rules about the publication of election notices.
Section 10 of the draft Rules requires the Tribunal to publish validly given election notices. The Consultation Paper states:
Publication is mandated to ensure that there is clarity and transparency for users of the Tribunal and the general public as to the kinds of matters for which a decision-maker has elected not to participate.1
The Law Council supports the Tribunal’s publication of election notices that are provided in accordance with section 60 of the ART Act. Nonetheless, we suggest that section 10 of the draft Rules should:
- prescribe the mode of publication (e.g., on the Tribunal’s website); and
- set a timeframe for publication.
The Law Council appreciate that decision-makers may choose to communicate their intention not to participate in a proceeding or Tribunal case event through their website, and/or by way of direct communication with individual applicants. However, this communication may not always occur promptly, or at all.
By amending section 10 of the draft Rules to prescribe the mode of publication by the Tribunal, and set a timeframe within which this must occur, the Tribunal’s prompt notification to the parties to the proceedings—and the general public—of an election notice would be guaranteed.
Read the full submission below.
1 Attorney-General’s Department, Administrative Review Tribunal Rules 2024 (Consultation Paper, July 2024) 4.
Last Updated on 21/08/2024
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