An overview of PWDA systemic advocacy efforts relating to the new Administrative Review Tribunal
Friday 1 November 2024
On Monday 14 October, the new Administrative Review Tribunal (ART) began. It has replaced the old Administrative Appeals Tribunal (AAT) as the independent body that reviews administrative decisions made under a range of laws. The new ART aims to make these reviews fairer, faster and more accessible.
PWDA has fought hard to make sure the laws for the new Tribunal comply with the UN Convention on the Rights of Persons with Disabilities (CRPD) while also being responsive to issues that people with disability face, particularly in the NDIS.
Our submission and public hearing appearance, was informed by the experiences of PWDA clients, supported by our individual advocates, who have faced challenges appealing NDIS matters at the AAT.
Read our full submission on the Administrative Review Tribunal Act 2024 (the new ART laws).
Advocacy win:
The ART Bill’s original provisions included a ‘litigation guardian’ role, allowing the Tribunal to appoint someone to speak on behalf of the person with disability.
PWDA advocated for an amendment to reflect a CRPD-compliant, supported decision-making model.
Our recommendations helped to change the ‘litigation guardian’ role to that of a ‘litigation supporter’ role and ensure that people with disability can participate directly in proceedings, rather than only through an additional role/person.
PWDA will continue to advocate for further changes to fully implement the CRPD’s supported decision-making requirements as part of the ART process. We recognise that the litigation supporter role is a strong step forward.
We see this change as a positive framework and hope it leads to more tribunals and courts adopting supported decision-making models for people with disability.
PWDA will continue our work to ensure the ART provides effective access to justice for people with disability.
More information on the ART can be found on the Attorney General Department’s Fact sheet: the new Administrative Review Tribunal or at their website: https://www.ag.gov.au/legal-system/new-system-federal-administrative-review
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