From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT). Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ. Importantly, timeframes for appeals for veterans and provision of information etc. remain the same. Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART.
Application for review to the ART
A person may apply to the ART for a review of the reviewable decisions where the decision has been reviewed by the delegate of the Veterans Review Board (VRB).
Form of application to the AAT
Section 34 of the Administrative Review Tribunal Act 2024 states that the application to the Tribunal may be made in accordance with the prescribed form. While the word 'may' does allow for applications other than on the prescribed form, it is important that the wording of the request adequately conveys that an application for review by the ART is being sought. The application to the Tribunal for review of a decision must:
- be in writing, and
- include a statement of the reasons for the application.
Application to ART - DVA's obligations
12.5.8/DVA's Obligations towards application to the Administrative Review Tribunal (ART)
Time limit for lodgement of application
The time allowed for lodging an application for review with the ART is three months from the date the Commission's decision and statement of reasons following a review were served on the applicant. In order to meet the time limit, the ART must receive the application for review within this time. Any application to the ART incorrectly forwarded to DVA should immediately be sent to the ART.
Applicant may request longer period in which to apply
If the three month period has expired, an applicant can still apply to the ART for review, but no later than 12 months after the decision was furnished on the applicant. The ART will then consult with the Repatriation Commission to see if it objects to an extension of time. If the other party to the review does not object, the review proceeds as normal. However, the earliest effective date may differ, if the application for review to the ART is made out of time. The ART in granting an application must look at both the reason for the delay and the merit of the application. The Commission rarely objects to the grant of an extension.
Note that:
- for review of a decision under section 14 of the VEA, the earliest effective date is six months before the date on which the application was made.
- for a review of a decision under section 15 of the VEA or claims for attendant allowance (s98 of the VEA) the earliest effective date is the date on which the application is lodged.