Administrative and Judicial Review Legislation Amendment Bill 2026: what it would change

The short answer

Administrative and Judicial Review Legislation Amendment Bill 2026: what it would change

The Administrative and Judicial Review Legislation Amendment Bill 2026 is a government bill introduced in the House of Representatives on 1 July 2026 under the Attorney-General's portfolio. According to the official summary on the Parliament of Australia bill page, the bill would amend the Administrative Review Tribunal Act 2024 to authorise registrars to exercise additional powers, enable correction of obvious errors in registrar orders, change the basis on which non-judicial members are appointed, and expand the class of decisions treated as intelligence and security decisions. It would also amend the Migration Act 1958 to require approved forms for certain review applications and identity verification for certain matters, prescribe a standardised timeframe for certain applications to the Administrative Review Tribunal (ART) under the Taxation Administration Act 1953, and enable the ART to give reasons for its decisions orally. The bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 2 July 2026, with a report due 7 August 2026. The bill passed the House of Representatives on 20 August 2026 and is now before the Senate; it has not been enacted.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill proposes

The Administrative and Judicial Review Legislation Amendment Bill 2026 is an Attorney-General's portfolio bill that would amend the legislative framework for reviewing government decisions if passed. Australia has a multi-layered system: merits review through the Administrative Review Tribunal (ART, which replaced the Administrative Appeals Tribunal in October 2024) and judicial review through the Federal Court and Federal Circuit and Family Court under the Administrative Decisions (Judicial Review) Act 1977 and the Judiciary Act 1903.

According to the official summary on the Parliament of Australia bill page, the bill would make a series of targeted changes. It would authorise ART registrars to exercise additional powers, including the power to reinstate and dismiss applications, enable the correction of obvious errors in orders issued by registrars, clarify that the President is assigned to every jurisdictional area, provide for additional matters to be considered when appointing non-judicial members and change the basis on which they are appointed, and expand the class of decisions that are treated as intelligence and security decisions.

The bill would also amend the Migration Act 1958 to require applications to the ART for review of certain decisions to be made using an approved form, clarify that the ART may permit the examination or cross-examination of a person giving evidence, remove the requirement to notify the secretary of dismissal decisions in certain reviews, and require identity verification for certain matters. It would prescribe a standardised timeframe for making certain applications to the ART under the Taxation Administration Act 1953, exclude the period from 24 December to 14 January from the calculation of time for an original decision-maker to provide certain documents, and enable the ART to give reasons for its decisions orally.

Evidence review

Parliamentary status and next steps

The bill was introduced and read a first time in the House of Representatives on 1 July 2026, with the second reading moved the same day. On 2 July 2026 it was referred to the Senate Legal and Constitutional Affairs Legislation Committee, with a report due 7 August 2026. The committee inquiry allows stakeholders to make submissions and the committee to examine the bill's provisions in detail before reporting back to the Senate.

For the bill to become law, it must complete second reading debate, consideration in detail and a third reading in the House of Representatives, then pass through equivalent stages in the Senate, before it could receive Royal Assent. The bill passed the House of Representatives on 20 August 2026 and is now before the Senate 2026.

Evidence review

The Australian administrative review landscape

Australia's administrative law system allows individuals and organisations to challenge government decisions. Merits review — conducted by the ART — asks whether the decision was the correct or preferable one on its merits. Judicial review — conducted by the courts — asks whether the decision was made lawfully, considering grounds such as procedural fairness and jurisdictional error.

The system has been under sustained reform. The ART commenced operations in October 2024, replacing the AAT after the government determined the previous tribunal was not fit for purpose. The abolition of the AAT and creation of the ART was itself a major reform, and this bill represents a further stage in the government's administrative law reform program, following recommendations from the Robodebt Royal Commission and other inquiries.

Evidence review

Who would be affected

The bill affects a wide range of people and organisations: individuals challenging Centrelink, visa or NDIS decisions; businesses challenging regulatory, licensing or taxation decisions; environmental groups challenging development approvals; and government agencies that would need to adapt their procedures.

Legal practitioners specialising in administrative law would need to understand the amended framework. Legal aid commissions and community legal centres — which assist self-represented litigants in administrative law matters — would be particularly affected by changes that alter the complexity or accessibility of review pathways. State and territory governments may also be affected where Commonwealth and state review processes intersect.

Evidence review

Policy rationale

The Attorney-General's Department has argued that Australia's review system needs to be more efficient and coherent. The multiplicity of review pathways can create confusion and cost for individuals trying to challenge a government decision. If enacted, the bill would streamline these pathways while preserving the fundamental right to independent review of government action.

The bill also responds to concerns about delay: administrative law cases can take months or years, which is particularly onerous for individuals challenging decisions about income support, visa status or disability services where the stakes are high and the applicant has limited resources.

Evidence review

Evidence and uncertainties

The bill's specific provisions require detailed examination of the bill text and explanatory memorandum. Key questions include: whether the expanded registrar powers change how applications are handled; whether the new form and identity verification requirements in migration matters affect access to review for self-represented litigants; whether the ART has adequate resources to handle its workload; and whether stakeholders broadly support the reforms.

The bill will also need to be assessed against Australia's international obligations, particularly in refugee law where access to effective review of government decisions is a treaty commitment. The Parliamentary Joint Committee on Human Rights may examine the bill for compatibility with human rights.

Common questions

Before you rely on the answer