
Reported by: Hasriza Hassan, Zhi Yun Ng, Oliver Ellis, Chris Noonan, and Lucy Skelton
Publish date: 23 January 2025
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Problem Identification:
Many individuals do not have enough time to apply for a review of a decision made by an Australian government service within the standard timeline set by the Administrative Review Tribunal (ART).
People with Disability Australia (PWDA) has argued that the standard 28-day time frame to apply for a review is ‘grossly inadequate’.
This means that many applicants, especially applicants with a disability, may face challenges in accessing their right to appeal decisions made by the Tribunal. Limited time to apply for a review may hinder participants from fully understanding the decision, gathering necessary evidence and seeking appropriate legal or advocacy support. This can result in a lack of fairness and transparency in the process.
Context:
Solution Identification:
Advice:
Download the 1-page policy brief PDF here:
Public Support:
Where to go to learn more:
PWDA, Submission to the Administrative Review Tribunal Rules 2024 – Public Consultation: https://pwd.org.au/administrative-review-tribunal-act-2024/
PWDA, Comment on the Administrative Review Tribunal Rules 2024: https://pwd.org.au/wp-content/uploads/2024/08/PWDA.SB_.Administrative.Review.Tribunal.Rules_.2024-08-05.pdf
Human Perspective
When Sarah received a distressing outcome from the NDIA, she was overwhelmed with panic and anxiety, unsure of how to navigate the complex appeal process. The 28-day time frame felt impossibly short as she struggled to find the advocacy support she needed. Unaware of the possibility of an extension, Sarah was paralysed by the pressure and stress. With time slipping away, she missed the deadline to apply for a review, leaving her with no choice but to abandon her appeal, despite feeling that the decision was unfair.
Reference list:
Administrative Appeals Tribunal. (n.d). About the AAT. Australian Government.https://www.aat.gov.au/about-the-aat
Administrative Appeals Tribunal. (n.d). Australian Government.https://www.aat.gov.au/
Attorney-General’s Department. (2024). Administrative Review Tribunal Rules 2024 – Public Consultation. Australian Government. https://consultations.ag.gov.au/legal-system/art-rules/
Campbell, E. Groves, M. (2004). Time Limitations on Applications for Judicial Review. FedLawRw 2; (2004) 32(1) Federal Law Review 29. https://classic.austlii.edu.au/au/journals/FedLawRw/2004/2.html
Federal Register of Legislation. (2024). Administrative Review Tribunal Act 2024. https://www.legislation.gov.au/C2024A00040/asmade/text
People With Disability Australia. (2024). Administrative Review Tribunal Rules – Public Consultation. https://pwd.org.au/wp-content/uploads/2024/08/PWDA.SB_.Administrative.Review.Tribunal.Rules_.2024-08-05.pdf
People With Disability Australia. (2024). Submission to the Administrative Review Tribunal Rules 2024 – Public Consultation. https://pwd.org.au/administrative-review-tribunal-act-2024/
Conflict of interest / acknowledgment statement:
N/a
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