Meeting of ARC 19 May 2025 – Statement of meeting outcomes

Meeting of Administrative Review Council – 19 May 2025

Statement of meeting outcomes

Systemic issue notice No.1 of 2024

1. Having resolved at its meeting held on 31 March 2025 not to commence an inquiry into Systemic Issue Notice No. 1 of 2024 (Notice), the Council decided at its meeting held on 19 May 2025 to prepare a Statement of Position on the broad systemic issue underlying the Notice. This is the systemic issue as to implementation by agencies of administrative review decisions of courts and tribunals (including the Administrative Review Tribunal (ART), the Australian Information Commissioner and the Commonwealth Ombudsman). The Council will publish the Statement of Position.

Attorney-General's request – Migration and asylum matters

2. In response to the request by the Attorney-General dated 4 March 2025 that the Council inquire into transitional and consequential provisions enacted upon the establishment of the ART, in the Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act 2024 (Cth) (ART(CTP1) Act) and relating to migration and asylum matters, the Council resolved to inquire and report on certain of those provisions.
3. The inquiry covers provisions that restrict some procedures in ART review of migration and asylum matters, including: the exhaustive statement of the natural justice hearing rule; disclosure by the ART to an applicant of certain information; time limitations on making an application for review by the ART; exclusion of power of the ART to grant an extension of time for making an application; requirements for the ART to draw inferences from the making of new claims or evidence at review; and restrictions on the making of applications to the ART's Guidance and Appeals Panel (GAP). It does not cover the restriction on making applications for legal or financial assistance, or the restriction on production of protected information to a parliament. The precise terms and timeframe for the Council's inquiry will be published on the Council's webpage.

Attorney-General's request – Social security matters

4. The Council responded to the request by the Attorney-General dated 4 March 2025 that it inquire into the operation of the social security related provisions in the Administrative Review Tribunal Act 2024 (Cth) and in the ART(CTP1) Act, having regard to the findings of the Robodebt Royal Commission. The Council decided to inquire and report on the operation of these social security related provisions, taking into account the issues of the desirability of two-tier review in the ART for social security and family assistance matters; the role of the Department as a non-participating party in existing first-tier review in the ART; the availability of referrals to the GAP; the ability to engage in alternative dispute resolution; and the avenue of internal review of social security and family assistance decisions by an authorised review officer. The terms and timeframe for the Council's inquiry will be published on the Council's webpage.

Operational procedures

5. The Council discussed finalising its Procedure for Responding to Systemic Issue Reports and its Conflicts of Interests Procedure. The Council will publish both procedures.
6. The Council will develop a work plan for 2025-2026, and performance measures.

Inquiries and Reports

7. The Council is progressing the updating of the former Council's Decision-Making: Reasons Best Practice Guide No 4, last updated in 2008, to reflect current statutory and other duties, and case-law explaining the practical requirements of those duties. The Council will publish the revised Best Practice Guide.
8. The Council will develop a new Best Practice Guide on 'Improving the Quality of Administrative Decision-making.'
9. The Council noted Annual Report requirements and will publish an Annual Report for 2024‑2025.

Communications and engagement

10. The Council agreed to implement enhancements to its online presence and access to information about the Council's operation and activities. The Council is undertaking revision of its webpage.

Next meeting

11. The next meeting of the Council will be held on 18 July 2025.