AskTribune · ArchiveOpen AskTribune →

← Notes archive

SenateTuesday 11 February 2025

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024

Senator CHISHOLM (Queensland—Assistant Minister for Agriculture, Fisheries and Forestry, Assistant Minister for Education, Assistant Minister for Regional Development and Deputy Manager of Government Business in the Senate) (12:45): We'll try and get some more specific information about part 12, but schedule 2 makes consequential amendments to 46 acts in 14 portfolios.

The amendments include simple terminology changes such as appealing outdated references to the Administrative Appeals Tribunal and the Administrative Appeals Tribunal Act 1975 and replacing them with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024. Schedule 2 also makes amendments to harmonise and simplify legislative provisions and make technical corrections.

These include: amendments that prevent decision-makers from altering decisions that are before the Guidance and Appeals Panel, except in accordance with section 31 of the ART Act; repeal specific provisions relating to the timeframes to apply for a review of deemed decisions, ensuring that the standard ART Act provisions apply; ensure that provisions account for the new Guidance and Appeals Panel; provide immunity to tribunal members exercising functions in relation to post-entry warrants and delayed notifications of search warrants; remove time limits for applying for internal review or tribunal review of Abstudy or assistance for isolated children's debt decisions to facilitate access to these reviews in response to the need of applicants; clearly set out the application's requirements for seeking review of reviewable migration and reviewable protection decisions under the Migration Act; explain the consequences of an application not being properly made; and require the minister to participate in Guidance and Appeals Panel reviews of reviewable migration and protection decisions.

The bill also makes technical amendments to the Migration Act. It clearly sets out the requirements for making a properly made application for a review of migration and protection decisions, removes duplication provisions governing certain notices of decisions and requires the minister to participate in Guidance and Appeals Panel proceedings on an issue of significance to administrative decision-making.

SourceSenate, Tuesday 11 February 2025 — official recordTA-250211-senate-914edcc1e2fa:s038