top of page

Extend the Standard Application Period for a Review by the Administrative Review Tribunal to 90 days





Reported by: Hasriza Hassan, Zhi Yun Ng, Oliver Ellis, Chris Noonan, and Lucy Skelton

Publish date: 23 January 2025



Read the brief here:

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: 


  1. PWDA, Submission to the Administrative Review Tribunal Rules 2024 – Public Consultation: https://pwd.org.au/administrative-review-tribunal-act-2024/

  2. 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:

  1. Administrative Appeals Tribunal. (n.d). About the AAT. Australian Government.https://www.aat.gov.au/about-the-aat

  2. Administrative Appeals Tribunal. (n.d). Australian Government.https://www.aat.gov.au/

  3. Attorney-General’s Department. (2024). Administrative Review Tribunal Rules 2024 – Public Consultation. Australian Government. https://consultations.ag.gov.au/legal-system/art-rules/

  4. 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

  5. Federal Register of Legislation. (2024). Administrative Review Tribunal Act 2024. https://www.legislation.gov.au/C2024A00040/asmade/text 

  6. 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

  7. 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


Support 

If your organisation would like to add your support to this paper, or suggest amendments, please email Info@foreaustralia.com


Disclaimer

FORE Australia provides policy briefs as part of its mission to inform public policy and support positive social change. These briefs are based on research, analysis, and expert opinions available at the time of publication. However, FORE Australia makes no representations or warranties, express or implied, regarding the accuracy, completeness, or suitability of the information contained within any policy brief. The information and recommendations provided are for general informational purposes and do not constitute legal, financial, or professional advice.

 

Limitation of Liability

FORE Australia, its affiliates, officers, directors, employees, and agents accept no liability for any direct, indirect, incidental, or consequential loss or damage arising from reliance on or use of information contained in these briefs. Readers are advised to independently verify any information before acting upon it. FORE Australia disclaims any liability for errors or omissions and reserves the right to update, amend, or retract any published material without prior notice.

 

External Links and References

Policy briefs may include links to external websites and references to third-party sources. FORE Australia is not responsible for the accuracy or content of these external sources and does not endorse any third-party information, services, or products mentioned in our briefs.

 

Support for Legislative Measures and Policy Actions

FORE Australia advocates for specific legislative measures and policy actions based on careful research and alignment with its mission. While FORE Australia endorses certain actions, implementation and outcomes are beyond its control, and it disclaims responsibility for the direct or indirect effects of any legislative or policy changes influenced by its recommendations.




12 views

Comments


Logo options (17)_edited.png

FORE Australia would like to acknowledge Aboriginal and Torres Strait Islander peoples as the Traditional Custodians of the land we live, learn and work on.​

 

We value their cultures, identities, and continuing connection to country, waters, kin, and community. We pay our respects to Elders, both past and present, and are committed to supporting the next generation of young Aboriginal and Torres Strait Islander leaders. This always was and always will be Aboriginal land. 

 

As an organisation dedicated to amplifying solutions, we recognise that First Nations peoples have long identified many of the pathways for environmental protection and meeting community needs. Our role is to listen, support, and amplify these voices.

Questions / comments? 

Email us at info@foreaustralia.com

---------------------------

Content Guidelines

ACN: 681 117 135

bottom of page