Administrative Review Tribunal Act 2024
Tribunal may make decision without hearing in certain circumstances
106(1)
The Tribunal may make its decision in the proceeding in relation to the application after considering the documents and things given to the Tribunal and without holding the hearing of the proceeding if any of subsections (2) to (5) applies.
[ CCH Note: S 106(1) will be amended by No 3 of 2026, s 3 and Sch 1 items 1 and 2, by substituting " (6) " for " (5) " and inserting the note, effective 9 August 2026 or a day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The note will read:
]Note:
The Tribunal must make its decision in relation to an application for review of certain decisions under the Migration Act 1958 without holding the hearing of the proceeding (see section 367N of that Act). This section does not apply in relation to such applications (see paragraph 367D(g) of that Act).
Parties consent
106(2)
This subsection applies if: (a) all of the parties to the proceeding consent to the proceeding being determined without the hearing of the proceeding; and (b) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.
Where only parties are applicant and non-participating party to the proceeding or hearing
106(3)
This subsection applies if: (a) the only parties to the proceeding are the applicant and a non-participating party to the proceeding or the hearing of the proceeding; and (b) either:
(i) the decision is wholly in favour of the applicant; or
(c) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.
(ii) the applicant requests the Tribunal to make its decision without holding the hearing of the proceeding; and
Party fails to comply
106(4)
This subsection applies if: (a) a party to the proceeding fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time; and (b) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.
Party fails to appear
106(5)
This subsection applies if: (a) a party to the proceeding fails to appear at a Tribunal case event that relates to the proceeding; and (b) the party is not a non-participating party to the proceeding or Tribunal case event; and (c) the Tribunal is satisfied that the party received appropriate notice of the date, time and place of the Tribunal case event; and (d) it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.
Note 1:
Tribunal case events include hearings, directions hearings and dispute resolution processes (see the definition of Tribunal case event in section 4 ).
Note 2:
For how to appear at a Tribunal case event, see section 73 .
[ CCH Note: S 106(6) and (7) will be inserted by No 3 of 2026, s 3 and Sch 1 item 3, effective 9 August 2026 or a day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. S 106(6) and (7) will read:
Otherwise reasonable
106(6)
This subsection applies if it appears to the Tribunal that:
(a) the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding; and
(b) it is reasonable in the circumstances to make its decision in the proceeding without holding the hearing of the proceeding.
106(7)
However, subsection (6) does not apply unless:
(a) the Tribunal has given the parties to the proceeding (other than a non-participating party to the proceeding) a reasonable opportunity to make submissions to the Tribunal in relation to the Tribunal making its decision without holding the hearing of the proceeding; and
(b) the Tribunal has taken into account any submissions received.
No 3 of 2026, s 3 and Sch 1 item 4 contains the following application provision:
4 Application provision
]
4
The amendments of section 106 of the
Administrative Review Tribunal Act 2024
apply in relation to:
(a)
an application for review made on or after the commencement of this item; and
(b)
an application for review made before the commencement of this item in relation to which the Tribunal has not, before that commencement, made its decision in the proceeding.
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