Submission to the Attorney-General Department consultation regarding the Administrative Review Tribunal Rules 2024
5 August 2024
PWDA has been involved in ongoing consultations relating to the establishment of the Administrative Review Tribunal (ART), which will replace the Administrative Appeals Tribunal on 14 October 2024. Further information about the new ART is available online.
The Attorney-General’s Department is now developing practice directions and rules for the ART.
PWDA was invited to provide feedback on the draft Administrative Review Tribunal Rules (ART Rules) through a web-survey and an online consultation that took place on 2 August 2024.
The Rules only address a limited number of matters. A copy of the consultation paper and draft rules is available online.
Summary of Recommendations
Recommendation 1 – The Attorney-General’s Department amends Sections 5 and 6 of the draft Rules to provide a 90-day timeframe for applying for a review in the NDIS division of the ART.
Recommendation 2 – The Rules, practice directions or other authoritative documents direct that the representative attending on the decision-maker’s
behalf has full authority to make decisions and cannot delay negotiations by reverting decisions back to the decision-maker.
Recommendation 3 – Rule 15(4)(g) is amended to include specific reference to non-legal advocacy services and a list of funded providers.
Recommendation 4 – The Attorney-General’s Department amends the NDIS Rules, or includes in the ART practice directions or other authoritative documents, a requirement that the NDIS pays for the extra support needs that people with disability require to attend the ART.