Collection of information

• The Tribunal collects personal information, including sensitive information about you, that is directly related or reasonably necessary for the President to decide whether to refer your decision to the Guidance and Appeals Panel (Panel).

• If the President refers the decision to the Panel, the Tribunal may collect personal information, including sensitive information, about you that is reasonably necessary for, or directly related to, the conduct of the review by the Panel.

How information is collected

• The information will be collected in this form and from documents collected for the purpose of the earlier proceeding in which the decision you have asked to be referred was made.

• If the President refers the decision to the Panel, further information may also be collected from: you; the original decision-maker; other parties to the review and other government or non-government bodies or people; and publicly available sources. Publicly available sources include websites and social media.

• The Tribunal may also collect information where documents are given to it under a summons and are taken into evidence. Documents given under a summons that are not taken into evidence will be destroyed or returned after the review is finalised.

Use and disclosure of information

• The Tribunal will only use this information for purposes related to this application, or related reviews under the Administrative Review Tribunal Act 2024 and purposes authorised under the Privacy Act 1988 and other Australian laws.

• The Tribunal may use personal contact information for its customer surveys to improve its services.

• The Tribunal may disclose the information to parties to the review, including the department, organisation or person who made the original decision.

• A copy of this application form and any accompanying documents will be provided to the other parties to the earlier proceeding. If you want any information in those documents to not be made available to a party, it is your responsibility to redact those documents before you send them to the Tribunal.

• Information collected for the purpose of payment of any application fee is not disclosed, other than to Tribunal staff for the purposes of their duties and the Tribunal’s financial and technical service providers for payment processing.

Publication of decisions

• The Tribunal is generally required to publish decisions made by the Panel, unless a confidentiality order has been made or a law prohibits publication of the decision or information contained in it. For more information about confidentially visit Privacy and confidentiality at the ART.

Privacy Policy

• For more information about privacy in the Tribunal, including how to make complaints, see the Privacy Policy.

The Guidance and Appeals Panel (GAP) decides cases which:

• raise an issue of significance to administrative decision-making, and/or

• where a Tribunal decision may contain an error of fact or law that affected the outcome of the case
  

To the extent possible, this application must be made using the Tribunal’s online system accessible via its website. A copy of the application will need to be given to other parties to the original Tribunal decision, including non-participating parties. 

Some decisions may not be eligible for referral to the Guidance and Appeals Panel (GAP). If you are not certain whether your decision is eligible for referral, please contact us. If it is determined that the decision is not eligible after you have lodged your application, we will notify you.

Some decisions are not eligible to be referred to the GAP. This includes these decision types:

• Guidance and Appeals Panel
  

• Intelligence and Security

• Migration
  

• Protection

• Social Security

If you believe there has been an error of fact or law in your Tribunal decision you may be able to apply to appeal the decision in the federal court. For more information about appeals to the federal court, visit Appealing an ART decision

Please be aware that a decision from this area may not be eligible to be referred to the GAP. Please contact the Tribunal before continuing your application. 

We ask you to tell us when you received the Tribunal decision so we can check if your application has been lodged within the time limit. An application lodged outside the time limit will not proceed unless an extension of time is sought as part of this application.

Date received cannot be before the Date of the Tribunal decision!

The time limit for applying to have your Tribunal decision referred to the GAP is 28 days after you received the reasons for your Tribunal decision.

Based on what you have entered as the date you received the decision, your application may be outside the time limit. However, you can ask us to accept your application even though it is late. This is called an application to extend the time to lodge your application.

You can apply for an extension of time using this online form. If you do not apply for an extension of time your application will not proceed.

You must apply for an extension of time to proceed with your application.

The Tribunal prefers to use email as the primary method of contact. If you are unable to provide an email address, please contact the Tribunal.

If you need an interpreter, we will arrange for a qualified interpreter to assist you free of charge. If you speak a particular dialect, please include this on the form.

The Tribunal will make appropriate adjustments to enable you to effectively participate in the review process.

If you are deaf or have a hearing or speech impairment and you would like us to contact you using the National Relay Service, please let us know which call option we should use.

You can represent yourself at the Tribunal or any person you choose can represent you. If you tell us that you have a representative, we will send the letters and other documents about your case to your representative instead of sending them to you.

You must tell us why you believe the Tribunal’s decision should be referred to the GAP. There are limited reasons for a decision to be referred and you will need to address in detail the basis you select.

If you have relevant documents which have not been provided to the Tribunal as part of the earlier proceeding, there will be an opportunity to upload documents as part of this application. Other parties will have an opportunity to respond to your reasons before your referral application is decided.

Where the reason relates to one or more issues of significance to administrative decision-making, please identify those issues and set out why the decision raises those issues. Where the reason relates to an error of fact or law, please identify the errors or fact or law, which parts the Tribunal decision relate to the error, identify any relevant case law or legislation, and explain how the error affected the outcome. If you rely on any particular discretionary factors, please identify those here. Some discretionary factors are outlined in the GAP Practice Direction which can be found on the ART website.

If there are documents you want us to consider as part of your application, you can identify and upload them here.

The maximum size for any single file is 15 MB. The acceptable file formats are Microsoft Word documents (.doc and .docx), PDF files (.pdf), RTF files (.rtf), Microsoft Excel spreadsheets (.xls and .xlsx) and JPEG, GIF or PNG image files.

Document 1

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Document 2

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Document 3

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Document 4

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Document 5

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Document 6

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Document 7

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Document 8

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Document 9

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Document 10

Your request must explain why the Tribunal should make an order to stay the Tribunal’s earlier decision by completing the Request for Stay Order form located on our website. You can upload the completed form here. Please note that you are required to provide a copy of your Request for Stay Order form to the other parties to your application for referral, so they have an opportunity to respond before the request is decided.

If you apply to the GAP and your application is granted, then your case will be referred to the GAP and you will participate in another hearing.

GAP applications are normally only considered in writing. However, in some special circumstances a short hearing may be granted to allow parties to verbally explain the reasons why they think their case should be referred to the GAP.

We will send an email to the address you have provided; to confirm we have received your application for referral to the GAP.

Based on the answers provided there is no payment required for this application. Click Submit to lodge your application.

You have applied for an extension of time to lodge your application. We will give you more information if we grant the extension of time.

Based on this information the standard referral application fee of $1121 must be paid in relation to your application within 28 days and may be paid as part of completing this application. For more information about fee payment, go to our website.

You are entitled to pay a reduced fee of $100 instead of the standard application fee if:

1. you have been granted legal aid for your application;

2. you hold a health care card, pensioner concession card, Commonwealth seniors health card, or any other card issued by the Commonwealth that certifies entitlement to Commonwealth health concessions;

3. you are in prison or lawfully detained in a public institution; or

4. you are under 18 years of age or receiving youth allowance, Austudy or ABSTUDY.

Based on this information the standard referral application fee of $1148 must be paid in relation to your application within 28 days and may be paid as part of completing this application. For more information about fee payment, go to our website.

You are entitled to pay a reduced fee of $100 instead of the standard application fee if:

1. you have been granted legal aid for your application;

2. you hold a health care card, pensioner concession card, Commonwealth seniors health card or any other card issued by the Commonwealth that certifies entitlement to Commonwealth health concessions;

3. you are in prison or lawfully detained in a public institution; or

4. you are under 18 years of age or receiving youth allowance, Austudy or ABSTUDY.

Please upload proof that you have been granted legal aid for your application.

Please upload a scanned copy of your health care card, pensioner concession card, Commonwealth seniors health card or other card issued by the Commonwealth that certifies entitlement to Commonwealth health concessions.

Please upload proof of age or that you are in receipt of youth allowance, Austudy or ABSTUDY.

If you do not upload your proof of entitlement to pay a reduced fee, you can still lodge your application, but you will not be able to pay your fee now. We will contact you about your entitlement to pay the reduced fee and how to pay it.

The maximum size for any single file is 15 MB. The acceptable file formats are Microsoft Word documents (.doc and .docx), PDF files (.pdf), RTF files (.rtf), and JPEG, GIF or PNG image files.

The Tribunal can order that a reduced fee of $100 is payable if it considers the full fee would cause you financial hardship. To apply for a fee reduction on the grounds of financial hardship you will need to complete the Request for Fee Reduction form located on the ART website and send it to us with your referral application.

The Tribunal can order that a reduced fee of $100 is payable if it considers the full fee would cause you financial hardship. To apply for a fee reduction on the grounds of financial hardship you will need to complete the Request for Fee Reduction form located on the ART website and send it to us with your referral application.

The Tribunal can order that a reduced fee of $100 is payable if it considers the full fee would cause you financial hardship. To apply for a fee reduction on the grounds of financial hardship you will need to complete the Request for Fee Reduction form located on the ART website and send it to us with your referral application.

We will ask you to pay the applicable fee when we have made a decision on your application for a fee reduction. We will inform you of our decision and what happens next.

The maximum size for any single file is 15 MB. The acceptable file formats are Microsoft Word documents (.doc and .docx), PDF files, RTF files and JPEG, GIF or PNG image files.

We will not start the review until you pay the fee. The Tribunal may dismiss your application if you do not pay the fee within 28 days after lodging your application.

You have applied for an extension of time to lodge your application. If you pay the applicable fee now but your application for an extension of time is refused, the Tribunal will refund the fee.

If you do not pay the fee now and the extension of time is granted, we will not start the review until you pay the fee. We will give you more information if we grant the extension of time.

After we receive your application, we will contact you to explain what you may need to do in relation to the fee.

Instructions

To complete your Application for referral to the Guidance and Appeals Panel you must make a payment of $1,121.00 to the Tribunal.

Please enter your card details into the form below and click Submit.

Instructions

To complete your Application for referral to the Guidance and Appeals Panel you must make a payment of $100.00 to the Tribunal.

Please enter your card details into the form below and click Submit.

Instructions

To complete your Application for referral to the Guidance and Appeals Panel you must make a payment of $1,148.00 to the Tribunal.

Please enter your card details into the form below and click Submit.

Instructions

To complete your Application for referral to the Guidance and Appeals Panel you must make a payment of $100.00 to the Tribunal.

Please enter your card details into the form below and click Submit.

I hereby authorise the debit of my Card Account in favour of Administrative Review Tribunal for $1,121.00.

I hereby authorise the debit of my Card Account in favour of Administrative Review Tribunal for $100.00

I hereby authorise the debit of my Card Account in favour of Administrative Review Tribunal for $1,148.00

I hereby authorise the debit of my Card Account in favour of Administrative Review Tribunal for $100.00.

What is CVC?

Card Verification Code (CVC) also known as Card Verification Value (CVV) or Card Security Code (CSC) or Card Identification Digit (CID) is an additional security feature for web based payments.  The "Card Identification Digit" is three digits.

For example, Visa and MasterCard show the CSC or CVV as the three-digit value printed on the signature panel on the back of the card.

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