Media release – Statement of Position on Agency Implementation of Court and Tribunal Decisions – 23 June 2026
Administrative Review Council
Media release
Administrative Review Council publishes guidance on agency responses to court and tribunal decisions
The Administrative Review Council (Council) has published a Statement of Position to guide Australian Government agencies as to how they should respond to administrative review decisions made by courts and tribunals (Statement).
The Council prepared the Statement in response to a systemic issue raised by the President of the Administrative Review Tribunal. The issue arose in an income apportionment case where an agency responded to a tribunal decision by appealing and pausing the processing of cases affected by the tribunal’s interpretation of the law. However the agency continued to apply its own preferred interpretation in cases where the affected individual wished to have a decision made. In a separate case, an agency publicly stated it would not follow a court’s interpretation of the law and would continue to follow its existing practice until it succeeded on appeal.
The Statement clarifies that, as a matter of law, agencies must comply with decisions of courts and tribunals. If an agency disagrees with a decision about the interpretation of the law, it cannot ignore it. Instead, the agency can:
- appeal or seek review
- seek a stay of the decision
- pause processing other affected cases while any review or appeal is underway.
Where these steps are not taken, agencies are expected to apply the law as determined by the court or tribunal.
The Statement also highlights the importance of transparency. Agencies should clearly communicate their position to affected individuals and the public while any appeal or review is pending.
The Statement is intended to improve the quality and consistency of public administration, by guiding agencies as to their obligation to act in accordance with the law. It has been prepared as part of the Council’s role in monitoring the integrity and operation of the Commonwealth administrative law system, publishing guidance, and supporting education for administrative decision-makers.
You can read the Statement of Position – Agency Implementation of Court and Tribunal Decisions.
Quotes attributable to the Chair of the Council, Professor Margaret Allars SC
"The community expects that government agencies will comply with court and tribunal decisions. That involves not only acting in accordance with the formal orders made in the particular case, but also applying to future cases the interpretation of relevant statutory provisions reached by the court or tribunal.
As highlighted by the Robodebt Royal Commission, it is critical that agencies have effective internal systems for identifying, reporting and escalating administrative review decisions which the agency’s decision-makers should follow.
If an agency disagrees with a court or tribunal decision which concerns the interpretation of the law, there are lawful ways in which the agency can respond. Ignoring the decision is not one of them.”
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