In its first year, the Administrative Review Tribunal has proven to be more accessible, efficient and transparent than its predecessor, although it was not without its challenges. Marking the anniversary, the president has outlined what must happen next to overcome the hurdles.
In a speech delivered at the National Access to Justice and Pro Bono Conference, the president of the Administrative Review Tribunal (ART), Justice Emilios Kyrou AO, reflected on how much has changed since it replaced the Administrative Appeals Tribunal (AAT) in October 2024.
Looking back at a speech given over 12 months ago at the inaugural sitting, Justice Kyrou said his ambition was to “develop a reputation for excellence” in everything the tribunal does, including by delivering an efficient, transparent and user-friendly system for applicants.
He also hoped the tribunal would have empathetic staff on hand to assist parties, consisting of “experienced and dedicated members” who conduct fair and inclusive hearings, and have decisions delivered promptly after hearing and in a “high-quality and easy-to-understand” format.
Since that speech, the AAT has adopted a range of matters to ensure its facilities accommodate the individual needs of applicants, including those that arise from disabilities, language, and cultural differences.
It has also established a user-centric design for First Nations people, who are grossly overrepresented in the tribunal, and signed a protocol with the Victorian Bar for the provision of free legal assistance.
The AAT has also established the guidance and appeals panel (GAP) to handle matters that are of significance to administrative decision making and review tribunal decisions that may contain error. This has promoted consistency and is expected to reduce the number of appeals.
Justice Kyrou touched on expanded roles and functions of registrars, including directions hearings for protection and migration matters. By doing so, it leaves more time for members to determine cases.
The president also applauded the “discernible change” in the culture of the tribunal with respect to delays and non-compliance. In contrast with the AAT, the ART is less willing to grant extensions and adjournments.
There has also been more training and minimum standards of behaviour for members, as well as engagement with stakeholders and the community to promote public trust and confidence in the ART.
Turning to challenges, Justice Kyrou said there has been a “dramatic increase” in lodgements for student visa, protection and NDIS matters.
As at 30 September 2025, the tribunal had 120,28 cases on hand – with most of those taken up with migration, protection and NDIS – compared to the approximately 66,000 cases on hand two years ago.
“The tribunal does not have the resources to process this magnitude of lodgements, with the result being that the number of cases on hand has increased significantly,” Justice Kyrou said.
At a recent Senate estimates hearing, Justice Kyrou explained the principal registrar was asked how short the tribunal is on members, because its funding depended on whether there were enough hands on deck to deal with the lodgements. The president said there would need to be 100 more members to match these increases.
Then there are the issues with hiring, starting with the government handling the selection process, with some members being inexperienced and requiring training, and others who cannot join straight away.
“We’re always playing catch-up,” Justice Kyrou said.
“We have also had difficulty recruiting registrars and other staff to support members because, in some parts of Australia, the labour market is such that it is difficult to recruit the number of people with the right experience that you need to perform the services that are required.”
The delays have also been compounded by two case management systems inherited from the AAT, which are “beyond their use-by date”.
“Can you imagine having defective case management systems and all of a sudden you’re doubling the number of cases that the case management systems have to cope with, and the number of users that have tried to use those case management systems, and you get a bit of an idea of what we’re dealing with?” Justice Kyrou said.
While there are plans to replace the case management systems, Justice Kyrou said this takes time to ensure all data is kept safe.
Justice Kyrou also said the proposed Administrative Review Tribunal and other Legislation Amendment Bill 2025 would provide the ART with greater flexibility in how cases are decided.
With an expansion of powers to registrars, the bill would allow them to take on case management functions, which would “result in ongoing improvements in the efficiency of the tribunal’s operations”.
Moving forward, Justice Kyrou said the tribunal will continue to be mindful of the fact that its decisions have “life-changing impacts” on the personal and business affairs of applicants, many of whom are the “most marginalised and vulnerable members of our community”.
“Cumulatively, these steps will enhance the tribunal’s performance and bring it closer to realising the vision that I articulated on the day the tribunal commenced,” Justice Kyrou said.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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