Meeting of ARC 13 February 2026 – Statement of meeting outcomes

Meeting of Administrative Review Council – 13 February 2026

Statement of meeting outcomes

Resignation of Dr Graeme Innes AM

1. The Council noted the recent resignation of Dr Graeme Innes AM and acknowledged Dr Innes' contributions to the Council during its first year of reinstatement.

Social Security Inquiry

2. The Council noted the progress of the Social Security Inquiry, including responses received from relevant government agencies to requests for information from the Council.
3. The Council discussed the progress of a working draft of the inquiry report and the development of recommendations.
4. The Council noted that submissions in the public consultation will be published shortly.

Migration Inquiry

5. The Council noted the progress of the Migration Inquiry, including responses to the public consultation held between November 2025 and January 2026. A total of 11 submissions were received, with extensions of time granted to 2 further stakeholders.
6. The Council discussed the potential relevance of the Administrative Review Tribunal and Other Legislation Amendment Act 2026 to the Inquiry Terms of Reference. The Council noted that the Act has yet to be proclaimed and that the regulations which will in part determine the reviewable decisions to which it applies, will be made at that time. The Council will revisit this issue at its next meeting.
7. The Council discussed a framework for evaluating the special procedural provisions to be considered under the Terms of Reference.
8. The Council noted that it intends to request relevant agencies to provide further information on matters relevant to the Inquiry.

Systemic Issue Notice No 1 of 2025

9. The Council acknowledged that between sessions, following its review of the statutory responses and other stakeholder responses, it confirmed the decision it made at its 24 November 2025 meeting to commence an inquiry into the issues raised by Systemic Issue Notice No 1 of 2025.
10. The Council discussed Terms of Reference for the Inquiry which it will seek to settle out of session.

Statement of Position

11. The Council noted that targeted consultation is continuing on the Draft Statement of Position, with extensions of time granted to some of those consulted.
12. The Council will consider any comments received on the Statement of Position and will aim to finalise the report at its next meeting. 

Notification of systemic issue by the public – National Disability Insurance Scheme and legal assistance

13. The Council further discussed a notification received from a member of the public on 23 September 2025 concerning access by National Disability Insurance Scheme ('NDIS') participants and their families to advocacy or representation in Administrative Review Tribunal proceedings. The Council also considered subsequent communications from the notifier which raised additional matters concerning the making and review of NDIS decisions.
14. The Council decided not to inquire into the issues raised in the notification. However, the notification may inform the Council's future work.

Automated decision-making

15. The Council received an update from the Attorney-General's Department regarding its review of the use of automated decision-making.