ARC Social Security Inquiry – Terms of Reference

Administrative Review Council
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Social Security Inquiry – Terms of Reference

1.Background

1.1.The Administrative Review Council (Council) has resolved to inquire and report on the operation of the social security related provisions in the Administrative Review Tribunal Act  2024 (Cth) (ART Act) and Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act  2024 (Cth) (ART(CTP1) Act).

1.2.The Council’s decision responds to a request made by the Attorney-General on 4 March 2025 that the Council inquire into this matter. The Attorney-General’s request referred to a recommendation of the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Administrative Review Tribunal Bills, dated 13 May 2024, that the matter be the subject of inquiry by the Council when it was re-established.

2.Scope

2.1.The inquiry will consider whether the current structures and procedures in place for the administrative review of social security decisions are effective and appropriate, including:

  1. the desirability of retaining the two-tier system of merits review in the Administrative Review Tribunal (ART) of social security and family assistance decisions, having regard to the rationale for this model;

  2. the role of the Department as a non-participating party in existing first tier review in the ART;

  3. the availability of referrals to the Guidance and Appeals Panel (GAP);

  4. the ability to engage in alternative dispute resolution; and

  5. the avenue of internal review of social security and family assistance decisions by an authorised review officer (ARO). 

2.2.As part of the inquiry, the Council will consider:

  1. The effectiveness of internal review processes of Services Australia in resolving matters prior to external merits review.

  2. The effectiveness of first and second tier review in the ART in finalising matters in accordance with the objectives of the ART Act.

  3. The experience of applicants for review of social security and family assistance reviews in ARO review and in the ART, including any challenges faced by applicants in accessing or exercising their review rights. This will include consideration of prospective applicants and reasons they may not seek to challenge decisions through available review processes, either internally or in the ART.

  4. The impact of non-participation by the Department of Social Services at the ART first tier review stage.

  5. The role of the GAP and whether the current limitation upon access to the GAP in social security matters is appropriate.

  6. The use of alternative dispute resolution in social security reviews before the ART and whether there are changes that would help to facilitate the timely resolution of matters.

2.3.In undertaking the inquiry, the Council will have regard to the findings of the Royal Commission into the Robodebt Scheme Report (Commonwealth, 2023).

3.Consultation

3.1.The Council will consult publicly on the issues outlined in the Terms of Reference. The Council may invite and publish submissions and seek information from Government agencies and other persons or bodies. 

3.2.The Council will seek the views of a broad range of stakeholders, including:

  1. people and organisations who have been parties to ART or AAT review and/or internal agency review of social security or family assistance matters.

  2. legal assistance service providers and advocacy organisations that provide support to people receiving and seeking review of social security and family assistance decisions.

  3. relevant Australian Government agencies.

  4. academics, researchers and members of the broader legal profession with expertise in social security.

4.Timeframe

4.1.The Council intends to provide a report on its inquiry to the Attorney-General by 30 June 2026.