The AAT review process for Commonwealth decisions lets you ask an independent tribunal to look again at a government decision that has gone against you, whether it relates to a visa, Centrelink payment, NDIS support, tax assessment, or veterans' entitlement. The tribunal stands in the shoes of the original decision-maker and can affirm, vary, set aside, or send the decision back for reconsideration. From 14 October 2024 the Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal (ART), but the underlying review process most people still call "AAT review" continues in substantially the same form.
The AAT was an independent merits review body established under the Administrative Appeals Tribunal Act 1975 (Cth) to re-examine a wide range of decisions made by Commonwealth officers and agencies. It was abolished on 14 October 2024 and replaced by the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 (Cth), which carries forward most of the AAT's jurisdiction and process. Existing AAT matters were transitioned across.
The tribunal can only review a decision if a Commonwealth law specifically gives it that power. The most common areas include:
Some decisions are excluded by statute, and some need an internal review step first. If a decision letter does not mention review rights, that is a strong signal to check whether the tribunal has jurisdiction at all.
Time limits are short and they are the single most common reason people lose the right to review. The general default is 28 days from the day the decision was received, but several jurisdictions impose shorter periods, particularly migration matters where the window can be as tight as 7, 21, or 28 days depending on the decision type and whether the applicant is in immigration detention.
The tribunal can extend time in many (but not all) jurisdictions. Migration deadlines are largely fixed by statute and cannot be extended. In jurisdictions where extension is possible, the tribunal will usually consider the length of the delay, the reason for it, any prejudice to the other party, and the merits of the underlying case. A medical issue, a misunderstanding of the decision letter, or delays caused by waiting for legal advice can support an extension, but none of these are guaranteed to succeed. Apply on time if you possibly can.
Quick checklist if you've just received an unfavourable Commonwealth decision:
The process is designed to be less formal than a court. After the application is lodged, the tribunal asks the original decision-maker to provide its file and reasons (often called the "T documents" or, in migration, the s 418/s 423 material). Applicants are usually invited to a case conference or directions hearing first, where a tribunal officer tries to narrow the issues and explore whether the matter can resolve without a full hearing.
If the matter proceeds to hearing, the applicant can give evidence, call witnesses, and produce documents. Hearings are usually conducted by a single member, often by video. Strict rules of evidence do not apply. Applicants can self-represent, bring a support person, or be represented by a lawyer or migration agent, although in many divisions costs are not recoverable even if the applicant wins, so most applicants self-represent or use free services.
Possible outcomes are that the tribunal affirms the original decision (it stands), varies it, sets it aside and substitutes a new decision, or remits it to the agency with directions. The tribunal cannot award damages, and it cannot change the law itself; it can only apply the law to the facts before it.
Two common myths are worth dispelling. First, AAT review is not "automatic": an application must be lodged, the deadline met, and the application fee paid (or a waiver sought) where one applies. Second, it is not always free. The application fee for general division matters is several hundred dollars, although concessional rates and waivers are widely available for people on low incomes, holding a health care card, or experiencing financial hardship.
The Administrative Appeals Tribunal Act 1975 (Cth), its replacement, and jurisdiction-specific statutes like the Migration Act 1958 (Cth) s 473DD are all freely available on the federal register, and the tribunal's published decisions are searchable on AustLII. If you want to see how the tribunal has treated facts similar to your own, Habeas indexes Australian tribunal and court decisions, including AAT and ART reasons, so you can read the actual reasoning rather than work from summaries.
